Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords

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  PART V
  CUSTODIAL SENTENCES ETC.
  CHAPTER I
  GENERAL PROVISIONS
 
Meaning of "custodial sentence"
Meaning of "custodial sentence".     76. - (1) In this Act "custodial sentence" means-
 
 
    (a) a sentence of imprisonment (as to which, see section 89(1)(a) below);
 
    (b) a sentence of detention under section 90 or 91 below;
 
    (c) a sentence of custody for life under section 93 or 94 below;
 
    (d) a sentence of detention in a young offender institution (under section 96 below or otherwise); or
 
    (e) a detention and training order (under section 100 below).
      (2) In subsection (1) above "sentence of imprisonment" does not include a committal for contempt of court or any kindred offence.
 
 
Liability to imprisonment on conviction on indictment
Liability to imprisonment on conviction on indictment.     77. Where a person is convicted on indictment of an offence against any enactment and is for that offence liable to be sentenced to imprisonment, but the sentence is not by any enactment either limited to a specified term or expressed to extend to imprisonment for life, the person so convicted shall be liable to imprisonment for not more than two years.
 
 
General limit on magistrates' courts' powers
General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution.     78. - (1) A magistrates' court shall not have power to impose imprisonment, or detention in a young offender institution, for more than six months in respect of any one offence.
 
      (2) Unless expressly excluded, subsection (1) above shall apply even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment or detention in a young offender institution for more than six months.
 
      (3) Subsection (1) above is without prejudice to section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).
 
      (4) Any power of a magistrates' court to impose a term of imprisonment for non-payment of a fine, or for want of sufficient distress to satisfy a fine, shall not be limited by virtue of subsection (1) above.
 
      (5) In subsection (4) above "fine" includes a pecuniary penalty but does not include a pecuniary forfeiture or pecuniary compensation.
 
      (6) In this section "impose imprisonment" means pass a sentence of imprisonment or fix a term of imprisonment for failure to pay any sum of money, or for want of sufficient distress to satisfy any sum of money, or for failure to do or abstain from doing anything required to be done or left undone.
 
      (7) Section 132 of the Magistrates' Courts Act 1980 contains provision about the minimum term of imprisonment which may be imposed by a magistrates' court.
 
 
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