Section 78: Basis of opinion provisions: offenders suffering from a mental disorder

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 4: Exercise of court's discretion — CHAPTER 3: Seriousness and determining sentence

Nothing in any of the basis of opinion provisions is to be taken—

as requiring a court to pass—
a custodial sentence, or
any particular custodial sentence,

on an offender suffering from a mental disorder, or

as restricting any power (whether under the Mental Health Act 1983 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.

In this section—

  • “mental disorder” has the same meaning as in the Mental Health Act 1983 (see section 1 of that Act);

  • “basis of opinion provision” has the same meaning as in section 77.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.