13 Maximum term of imprisonment on summary conviction for either-way offence
Judicial Review and Courts Act 2022 (2022 c 35) | Legislation

Sentencing powers of magistrates' courts

13  Maximum term of imprisonment on summary conviction for either-way offence

(1)     In section 224 of the Sentencing Code (general limit on magistrates' court's power to impose custodial sentence)—

(a)     in subsection (1), for the words after paragraph (b) substitute “for a term exceeding the applicable limit in respect of any one offence”;

(b)     after subsection (1) insert—

“(1A)     The applicable limit is—

(a)     6 months in the case of a summary offence, or

(b)     12 months in the case of an offence triable either way.”;”

(c)     in subsection (2), for the words from “more than” to the end substitute “a term exceeding the applicable limit”.

(2)     In Part 8 of Schedule 23 to the Sentencing Act 2020 (powers to amend the Sentencing Code in relation to custodial sentences), before paragraph 15 insert—

“General limit on magistrates' court's power to impose custodial sentence
14A

(1)     The Secretary of State may by regulations amend section 224(1A)(b) (general limit on custodial sentence for either-way offence in magistrates' court)—

(a)     if for the time being it refers to 12 months, to substitute

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