230 Threshold for imposing discretionary custodial sentence
Sentencing Act 2020 (2020 c 17) | Legislation

Exercise of powers to impose discretionary custodial sentences

230  Threshold for imposing discretionary custodial sentence

(1)     Subsection (2) applies where a person is convicted of an offence which is punishable with a custodial sentence.

This is subject to subsection (3).

(2)     The court must not pass a custodial sentence unless it is of the opinion that—

(a)     the offence, or

(b)     the combination of the offence and one or more offences associated with it,

was so serious that neither a fine alone nor a community sentence can be justified for the offence.

Threshold generally not applicable where mandatory sentence requirement applies

(3)

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