Part 12Sentencing
Chapter 1General provisions about sentencing
Savings for power to mitigate etc
166Savings for powers to mitigate sentences and deal appropriately with mentally disordered offenders
1
Nothing in—
a
section 148 (imposing community sentences),
b
section 152, 153 or 157 (imposing custodial sentences),
c
section 156 (pre-sentence reports and other requirements),
d
section 164 (fixing of fines),
prevents a court from mitigating an offender’s sentence by taking into account any such matters as, in the opinion of the court, are relevant in mitigation of sentence.
2
Section 152(2) does not prevent a court, after taking into account such matters, from passing a community sentence even though it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that a community sentence could not normally be justified for the offence.
3
Nothing in the sections mentioned in subsection (1)(a) to (d) prevents a court—
a
from mitigating any penalty included in an offender’s sentence by taking into account any other penalty included in that sentence, and
b
in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences.
4
Subsections (2) and (3) are without prejudice to the generality of subsection (1).
5
Nothing in the sections mentioned in subsection (1)(a) to (d) is to be taken—
a
as requiring a court to pass a custodial sentence, or any particular custodial sentence, on a mentally disordered offender, or
b
as restricting any power (whether under the Mental Health Act 1983 (c. 20) or otherwise) which enables a court to deal with such an offender in the manner it considers to be most appropriate in all the circumstances.
6
In subsection (5) “mentally disordered”, in relation to a person, means suffering from a mental disorder within the meaning of the Mental Health Act 1983.