Legislation – Sentencing Act 2020

“58Purposes etc of sentencing: offenders under 18

(1)

This section applies where a court is dealing with an offender aged under 18 for an offence.

(2)

The court must have regard to—

(a)

the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998);

(b)

in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and

(c)

the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).

(3)

Those purposes of sentencing are—

(a)

the punishment of offenders,

(b)

the reform and rehabilitation of offenders,

(c)

the protection of the public, and

(d)

the making of reparation by offenders to persons affected by their offences.

(4)

This section does not apply—

(a)

to an offence in relation to which a mandatory sentence requirement applies;

(b)

in relation to making any of the following orders under Part 3 of the Mental Health Act 1983—

(i)

a hospital order (with or without a restriction order);

(ii)

an interim hospital order;

(iii)

a hospital direction;

(iv)

a limitation direction.”