Change 1 Article Choose an article Title and introductory text 1 Overview 2 Application of Code 3 Deferment order 4 Availability of deferment order 5 Making a deferment order 6 Effect of deferment order 7 Restorative justice requirements 8 Deferment order: supervisor 9 Failure to comply with deferment requirement 10 Conviction of offence during period of deferment 11 Powers of court dealing with offender following deferment order 12 Saving for power to bind over and other powers to defer sentence 13 Deferment orders: interpretation 14 Committal for sentence on summary trial of offence triable either way: adults and corporations 15 Committal for sentence of dangerous adult offenders 16 Committal for sentence of young offenders on summary trial of certain serious offences 16A Committal for sentence of young offenders on summary trial of certain ... offences 17 Committal for sentence of dangerous young offenders 18 Committal for sentence on indication of guilty plea to offence triable either way: adult offenders 19 Committal for sentence on indication of guilty plea by child with related offences 20 Committal in certain cases where offender committed in respect of another offence 21 Power of Crown Court on committal for sentence of offender under section 14, 15 or 18 22 Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19 23 Power of Crown Court on committal for sentence under section 20 24 Further powers to commit offender to the Crown Court to be dealt with 25 Power and duty to remit offenders aged under 18 to youth courts for sentence 25A Power to remit adult offenders to magistrates’ courts for sentence 26 Remission by Crown Court to youth court or other magistrates’ court: custody or bail, and appeals 27 Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence 28 Power of magistrates' court to remit case to another magistrates' court for sentence 29 Remission by magistrates' court: adjournment, remand and appeal 30 Pre-sentence report requirements 31 Meaning of “pre-sentence report” etc 32 Disclosure of pre-sentence reports 33 Appeals: requirements relating to pre-sentence reports 34 Disclosure of other reports 35 Powers to order statement as to offender's financial circumstances 36 Financial circumstances order: offences 37 Reports and information: other powers of court 38 Derogatory assertion order and restriction on reporting of assertions 39 Order in respect of certain assertions 40 Reporting of assertions: offences 41 Reporting of assertions: supplementary 42 Court's duty to order payment of surcharge 43 Amount of surcharge 44 Criminal courts charge duty where court dealing with offender for offence 45 Other occasions where criminal courts charge duty arises 46 Criminal courts charge duty 47 Court to disregard criminal courts charge duty in dealing with offender 48 Amount of criminal courts charge 49 Interest on criminal courts charge 50 Power of magistrates' court to remit criminal courts charge 51 Regulations under Chapter 52 Duty to give reasons for and to explain effect of sentence 53 Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian 54 Duty to give reasons where reparation order not made 55 Duty to give reasons where compensation order not made 56 Other duties of court to give reasons where certain orders not made 56A Finding of domestic abuse 57 Purposes of sentencing: adults 58 Offenders aged under 18: considerations of court not affected by Code 59 Sentencing guidelines: general duty of court 60 Sentencing guidelines: determination of sentence 61 Sentencing guidelines: extended sentences , serious terrorism sentences and life sentences 62 Sentencing guidelines duties: interpretation 63 Assessing seriousness 64 Offence committed on bail 65 Previous convictions 66 Hostility 67 Assaults on emergency workers 68 Emergency workers for the purposes of section 67 68A Assaults on those providing a public service etc 69 Terrorist connection 69A Offences where foreign power or designated body condition met 70 Using minor to mind weapon 70A Sexual grooming of child 71 Supply of controlled drug near school premises or involving child 72 Supply of psychoactive substance in certain circumstances 73 Reduction in sentence for guilty plea 74 Reduction in sentence for assistance to prosecution 75 Specified prosecutors 76 Effect of Chapter on other powers of court to consider seriousness 77 Basis of opinion provisions not to affect power to mitigate sentences 78 Basis of opinion provisions: offenders suffering from a mental disorder 79 Order for absolute discharge 80 Order for conditional discharge 81 Commission of further offence by person conditionally discharged 82 Effect of discharge 83 Referral order 84 Referral order: availability 85 Duty and power to make referral order 86 Making of referral order: general 87 Referral order consecutive to earlier referral order 88 Making of referral order: connected offences 89 Making of referral order: effect on court's other sentencing powers 90 Order requiring parents etc to attend meetings 91 Establishment of youth offender panels 92 Attendance at panel meetings: offender and parent or guardian 93 Failure of parent or guardian to comply with order under section 90 94 Attendance at panel meetings: other persons 95 Duty of youth offending team to arrange initial meetings of panel 96 Agreement of youth offender contract with offender 97 Duration of compliance period 97A Duty of offender to notify details to panel 98 Failure to agree youth offender contract 99 Arranging progress meetings 100 Progress meetings: conduct 101 Final meeting 102 Revocation of referral order where offender making good progress etc 103 Extension of compliance period 104 Offender referred back to court or convicted while subject to referral order 105 Youth offender panel: change of residence 106 Functions of the specified youth offending team 107 Rules of court 108 Referral orders: interpretation 109 Reparation order 110 Reparation order: availability 111 Requirement to consider report before making a reparation order 112 Requirements to make reparation to be specified in order 113 Other provision to be specified in a reparation order 114 Making reparation 115 Breach, revocation or amendment of reparation order 116 Reparation orders: interpretation 117 Orders under Street Offences Act 1959 118 Availability of fine: magistrates' court 119 Power of magistrates' court to fine where only imprisonment etc specified 120 General power of Crown Court to fine offender convicted on indictment 121 Availability of fine: effect of other orders 122 The standard scale of fines for summary offences 123 Limit on fines imposed by magistrates' courts in respect of young offenders 124 Fixing of fine: duty of court to inquire into individual offender's circumstances 125 Exercise of court's powers to impose fine and fix amount 126 Power to determine financial circumstances where offender is absent or fails to provide information 127 Remission of fines following determination under section 126 128 Fine imposed on offender aged under 18: payment by parent or guardian 129 Fine imposed on offender by Crown Court: duty to make term in default order 130 Fine imposed by Crown Court: power to allow time for payment or payment by instalments 131 Fine imposed by Crown Court: power to search offender 132 Enforcement of fines imposed on offenders by Crown Court 133 Compensation order 134 Compensation order: availability 135 Making a compensation order 136 Road accidents 137 Damage to property and clean-up costs resulting from certain offences 138 Funeral expenses and bereavement: cases other than road accidents 139 Limit on compensation payable under compensation order of magistrates' court in case of young offender 140 Compensation order: order for payment by parent or guardian 141 Compensation orders: suspension of entitlement and appeals etc 142 Limit on compensation payable under compensation order of magistrates' court: offences committed before 11 December 2013 143 Review of compensation orders 144 Effect of compensation order on subsequent award of damages in civil proceedings 145 Compensation orders: interpretation 146 Compensation etc under other Acts 147 Restitution order where goods stolen or obtained by blackmail or fraud 148 Restitution order: availability 149 Making a restitution order 150 Restitution orders: supplementary provision about appeals 151 Restitution orders: interpretation and application 152 Deprivation order 153 Deprivation order: availability 154 Vehicle to be treated as used for purpose of certain offences 154A Purported intimate images to be treated as used for purpose of certain offences 155 Exercise of power to make deprivation order 156 Deprivation order: property to be taken into possession of police or Secretary of State 157 Property to which a deprivation order applies: orders by magistrates' court 158 Regulations about unclaimed property to which deprivation order applies 159 Application of proceeds of property subject to deprivation order 160 Orders for forfeiture etc under other Acts 161 Confiscation orders under other Acts 161A Income reduction order 161B Determining the amount payable under an income reduction order 161C Further provision about income reduction orders 161D Income reduction order: availability 161E Making an income reduction order 161F Variation or discharge of income reduction order 161G Income reduction orders: supplementary 162 Driving disqualification order 163 Driving disqualification: availability for any offence 164 Driving disqualification order: availability where vehicle used for purposes of crime 165 Disqualification period 166 Extension of disqualification where custodial sentence also imposed 167 Effect of custodial sentence in other cases 168 Requirement to produce licences where driving disqualification order made 169 Driving disqualification orders: interpretation 170 Road Traffic Offenders Act 1988: further provision about driving disqualification etc 171 Offences relating to animals 172 Company directors 173 Youth rehabilitation order 174 Youth rehabilitation requirements table 175 Youth rehabilitation order with intensive supervision and surveillance 176 Youth rehabilitation order with fostering 177 Youth rehabilitation order: availability 178 Youth rehabilitation order with intensive supervision and surveillance or fostering: availability 179 Exercise of power to make youth rehabilitation order: general considerations 180 Making youth rehabilitation order with intensive supervision and surveillance or fostering 181 Making youth rehabilitation order where offender subject to other order 182 Youth rehabilitation order: effect of remand in custody 183 Concurrent and consecutive orders 184 Youth rehabilitation order: available requirements 185 Youth rehabilitation order: availability of particular requirements 186 Youth rehabilitation order: exercise of power to impose particular requirements 187 Youth rehabilitation order to specify end date 188 Youth rehabilitation order to specify offender's home local justice area 189 Power for Crown Court to direct magistrates' court supervision 190 Provision of copies of youth rehabilitation order and related documents 191 The responsible officer 192 Obligations of responsible officer 193 Duty of offender to keep in touch with responsible officer etc 194 Power to provide for court review of youth rehabilitation orders 195 Breach, revocation or amendment of youth rehabilitation order 196 Transfer of youth rehabilitation orders to Northern Ireland 197 Youth rehabilitation orders: interpretation 198 When a youth rehabilitation order is in force 198A Electronic monitoring requirement previously imposed 199 Youth rehabilitation orders: Isles of Scilly 200 Community order 201 Community order requirements table 202 Community order: availability 203 Restriction on making both community order and suspended sentence order 204 Exercise of power to impose community order: general considerations 205 Community order: effect of remand in custody 206 Community order: available requirements 207 Community order: availability of particular requirements 208 Community order: exercise of power to impose particular requirements 209 Community order to specify end date etc 210 Community order to specify offender's home local justice area 211 Power for Crown Court to direct magistrates' court supervision 212 Provision of copies of community order and related documents 213 The responsible officer 214 Obligations of responsible officer 215 Duty of offender to keep in touch with responsible officer etc 216 Duty of offender to obtain permission before changing residence 217 Power to provide for court review of community orders 217A Review of community order qualifying for special procedures 217B Powers on review 217C Alteration of review arrangements 218 Breach, revocation , termination or amendment of community order 219 Transfer of community orders to Scotland or Northern Ireland 220 When a community order ceases to be in force 221 Overview of Part 222 Meaning of “custodial sentence” 223 Two year limit on imprisonment for statutory offence if no maximum specified 224 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution 225 Restriction on consecutive sentences for released prisoners 226 Custodial sentence: restrictions in certain cases where offender not legally represented 227 Restriction on imposing imprisonment on persons under 21 228 Other restrictions on custodial sentence 229 Power of magistrates' court to imprison for less than specified term 230 Threshold for imposing discretionary custodial sentence 231 Length of discretionary custodial sentences: general provision 232 Additional requirements in case of offender suffering from mental disorder 233 Detention and training order 234 Detention and training order: availability 235 Exercise of power to make a detention and training order 236 Term of detention and training order 237 Making of order where offender subject to other order or sentence of detention 238 Offender subject to more than one order: maximum overall term 239 Period on remand etc: effect on term of detention and training order 240 Period of custody awaiting extradition: effect on term of detention and training order 241 The period of detention and training 242 The period of supervision 243 Breach of supervision requirement and further offences during order 244 Offender subject concurrently to detention and training order and sentence of detention in a young offender institution 245 Offender subject concurrently to detention and training order and other sentence of detention 246 Effect of detention and training order made where offender has reached 18 247 Further supervision after end of term of detention and training order 248 Detention and training orders: interpretation 249 Sentence of detention under section 250: availability 250 Sentence of detention: offender convicted of certain serious offences 251 Exercise of power to impose sentence of detention under section 250 252 Maximum sentence 252A Required special sentence of detention for certain offenders of particular concern 253 Sentence of detention passed on offender subject to detention and training order 254 Extended sentence for certain violent, sexual or terrorism offences 255 Extended sentence of detention: availability 256 Term of extended sentence of detention under section 254 257 Extended sentence under section 254 where offender subject to detention and training order 258 Required sentence of detention for life for offence carrying life sentence 258A Required sentence of detention for life for manslaughter of emergency worker 259 Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure 260 Detention under section 250 , 252A or 259 261 Detention in pursuance of extended sentence 262 Detention in a young offender institution for offender at least 18 but under 21 263 Term of detention in a young offender institution 264 Suspended sentence order for offender under 21: availability 264A Presumption of suspended sentence order: offender under 21 265 Required special sentence for certain offenders of particular concern 266 Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences 267 Extended sentence of detention in a young offender institution: availability 268 Term of extended sentence of detention in a young offender institution 268A Serious terrorism sentence of detention in a young offender institution 268B Serious terrorism sentence of detention in a young offender institution: circumstances in which required 268C Term of serious terrorism sentence of detention in a young offender institution 269 Detention in a young offender institution: consecutive sentences 270 Sentence of detention in a young offender institution where offender subject to detention and training order 271 Detention in a young offender institution: place of detention 272 Offences other than murder 273 Custody for life for second listed offence 274 Required sentence of custody for life for offence carrying life sentence 274A Required sentence of custody for life for manslaughter of emergency worker 275 Duty to impose custody for life for offence of murder 276 Custody for life: place of detention 277 Suspended sentence order for person aged 21 or over: availability 277A Presumption of suspended sentence order: person aged 21 or over 278 Required special custodial sentence for certain offenders of particular concern 279 Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over 280 Extended sentence of imprisonment: availability 281 Term of extended sentence of imprisonment 282 Extended sentences for offences committed before 4 April 2005 282A Serious terrorism sentence of imprisonment: persons 21 or over 282B Serious terrorism sentence of imprisonment: circumstances in which required 282C Term of serious terrorism sentence of imprisonment 283 Life sentence for second listed offence 284 Required life sentence where second offence committed before 4 April 2005 285 Required life sentence for offence carrying life sentence 285A Required life sentence for manslaughter of emergency worker 286 Suspended sentence order 287 Suspended sentence order: community requirements table 288 Operational period and supervision period 289 Suspended sentence to be treated generally as sentence of imprisonment etc 290 Suspended sentence order: available community requirements 291 Suspended sentence order: availability of particular requirements 292 Suspended sentence order: exercise of power to impose requirements 293 Power to provide for review of suspended sentence order 293A Review of suspended sentence order qualifying for special procedures 294 Review hearings: power to amend community requirements etc 295 Suspended sentence order: alteration of periodic review arrangements 296 Order to specify offender's home local justice area 297 Power to direct magistrates' court supervision of order 298 Provision of copies of order and related documents 299 Responsible officer 300 Obligations of responsible officer 301 Duty of offender to keep in touch with responsible officer etc 302 Duty to obtain permission before changing residence 303 Breach or amendment of suspended sentence order, and effect of further conviction 304 Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements 305 Suspended sentences: interpretation 306 Extended sentences: meaning of “specified offence” etc 307 Life sentences: meaning of “Schedule 19 offence” 308 The assessment of dangerousness 309 Appeals where previous convictions set aside or previous sentences modified 310 Certificates of conviction 311 Minimum sentence for certain offences involving firearms that are prohibited weapons 312 Minimum sentence for offences of threatening with weapon or bladed article 313 Minimum sentence of 7 years for third class A drug trafficking offence 314 Minimum sentence of 3 years for third domestic burglary 315 Minimum sentence for repeat offence involving weapon or bladed article or corrosive substance 316 Appeals where previous convictions set aside 317 Certificates of conviction for purposes of sections 313 and 314 318 Offences under service law 319 Mandatory sentence requirement not to affect power to impose fine 320 Determination of day when offence committed 321 Life sentence: minimum term order or whole life order 322 Mandatory life sentences: further provision 323 Minimum term order: other life sentences 324 Life sentences: interpretation 325 Time on bail under certain conditions: declaration by court 326 Section 325: interpretation 327 Period in custody awaiting extradition: declaration by court 328 Power of court to recommend licence conditions for adults sentenced to term of 12 months or more 329 Conversion of sentence of detention to sentence of imprisonment 330 Criminal behaviour order 331 Power to make criminal behaviour order 332 Proceedings on an application for an order 333 Requirements included in orders 334 Duration of order etc 335 Interim order 336 Variation or discharge of order 337 Review of orders: offenders aged under 18 338 Carrying out and participating in reviews 339 Breach of order 340 Special measures for witnesses 341 Guidance 342 Offender aged under 18: parenting order where criminal behaviour order made 342A Power to make serious violence reduction order 342B Meaning of “serious violence reduction order” 342C Serious violence reduction orders: additional requirements etc 342D Duration of serious violence reduction orders 342E Serious violence reduction orders: powers of constables 342F Retention and disposal of things seized under section 342E 342G Offences relating to a serious violence reduction order 342H Variation, renewal or discharge of serious violence reduction order 342I Appeal against serious violence reduction order etc 342J Guidance 342K Guidance: Parliamentary procedure 342L Serious violence reduction orders: interpretation 343 Sexual harm prevention order 344 Meaning of “sexual harm” 345 Sexual harm prevention order: availability on conviction 346 Exercise of power to make sexual harm prevention order 347 Sexual harm prevention orders: matters to be specified 347A Sexual harm prevention orders: requirements included in order etc. 348 Sexual harm prevention orders: prohibitions on foreign travel 349 Making of sexual harm prevention order: effect on other orders 350 Sexual harm prevention orders: variations, renewals and discharges 351 Variation , renewal or discharge of sexual harm prevention order by court in Northern Ireland 351A Variation, renewal or discharge of sexual harm prevention order by court in Scotland 352 Sexual harm prevention orders: notification requirements 353 Sexual harm prevention orders: appeals 354 Offence: breach of sexual harm prevention order 355 Parenting order where sexual harm prevention order made in case of offender aged under 18 356 Sexual harm prevention orders: supplementary 357 Disapplication of time limit for complaints 358 Sexual harm prevention orders: interpretation 358I Special measures for witnesses 359 Restraining order 360 Restraining order: availability 361 Procedure for varying or discharging restraining order 362 Evidence in proceedings relating to restraining orders 363 Offence of breaching restraining order 364 Restraining orders: meaning of “conduct” and “harassment” 365 Parenting order 366 Parenting order where offender is under 18 367 Report where court proposes both parenting order and referral order 368 Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel 369 Parenting order in respect of certain offences under Education Act 1996 370 Parenting order: availability 371 Parenting order: references where local authority has parental responsibility 372 Making a parenting order 373 Directions by the responsible officer 374 Discharge and variation of parenting order 375 Offence of failure to comply with a requirement of a parenting order 376 Binding over of parent or guardian 377 Binding over of parent or guardian: appeals, variations and revocations 378 Other powers of the court to bind over to keep the peace 378A Domestic abuse protection orders 379 Other behaviour orders etc 380 Order for parent or guardian to pay fine, costs, compensation or surcharge 381 Costs awarded against offender under 18: payment by parent or guardian 382 Power to determine financial circumstances of offender's parent or guardian 383 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation 384 Commencement of sentence 385 Alteration of Crown Court sentence 386 Deportation recommendations 387 Failure by offender to provide agreed assistance: review of sentence 388 Review of sentence following subsequent agreement for assistance by offender 389 References under sections 387 and 388: appeals 390 Proceedings under section 387 or 388: exclusion of public 391 Proceedings under section 387 or 388: use of live link 392 Interpretation of Chapter 393 Power of magistrates' court to dispense with recognizance 394 Rules relating to community orders and suspended sentence orders etc 395 Data from electronic monitoring: code of practice 395A Community and suspended sentence orders qualifying for special procedures 396 Execution of process between England and Wales and Scotland 397 Interpretation: general 398 Ancillary and inchoate offences 399 Mandatory sentences 400 Meaning of “associated offence” 401 Meaning of “sentence” 402 Powers to re-sentence 403 References to “local authority” 404 References to parent or guardian of offender where local authority has parental responsibility 405 Age of the offender 406 Offender reaching 18 during proceedings 407 Regulations and rules 408 Amendments of the Sentencing Code etc 409 Powers to amend the Sentencing Code 410 Consequential amendments 411 Armed forces 412 Transitional provisions and savings 413 Repeals and revocations 414 Extent 415 Channel Islands, Isle of Man and British overseas territories 416 Commencement 417 Commencement of Schedule 22 418 Commencement of Schedule 26 419 Power to state effect of commencement provisions 420 Short title SCHEDULE A1 Offences where terrorist connection not required to be considered SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered SCHEDULE 2 Order for conditional discharge: commission of further offence SCHEDULE 3 Youth offender contract: programme of behaviour SCHEDULE 4 Referral order: further court proceedings SCHEDULE 5 Breach, revocation and amendment of reparation order SCHEDULE 6 Youth rehabilitation orders: requirements SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland SCHEDULE 9 Community orders and suspended sentence orders: requirements SCHEDULE 10 Breach, revocation , termination or amendment of community order SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences SCHEDULE 13 Special sentence for offenders of particular concern: offences SCHEDULE 14 Extended sentences: the earlier offence condition: offences SCHEDULE 15 Life sentence for second offence: listed offences SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland SCHEDULE 17A Serious terrorism offences SCHEDULE 18 Specified offences for purposes of section 306 SCHEDULE 19 Schedule 19 offences SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation SCHEDULE 23 Powers to amend the Sentencing Code SCHEDULE 24 Consequential amendments SCHEDULE 25 Amendments to the Armed Forces Act 2006 SCHEDULE 26 Further amendments of the Armed Forces Act 2006 SCHEDULE 27 Transitional provisions and savings SCHEDULE 28 Repeals and revocations SCHEDULE 29 Repeals and revocations for England and Wales
What to do with it
As published
230 Threshold for imposing discretionary custodial sentence
(1) Subsection (2) applies where a person is convicted of an offence which is punishable with a custodial sentence.
This is subject to subsection (3).
(2) The court must not pass a custodial sentence unless it is of the opinion that—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it,
was so serious that neither a fine alone nor a community sentence can be justified for the offence.
Threshold generally not applicable where mandatory sentence requirement applies
(3) This section does not apply if the offence is one in relation to which a mandatory sentence requirement applies (see section 399), except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).
Exceptions to subsection (2) relating to community sentences
(4) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to express willingness to comply with a requirement—
(a) which the court proposes to include in a community order, but
(b) which may be included only if the offender expresses willingness to comply with it.
(5) Subsection (2) is also subject to—
(a) paragraph 11(3) of Schedule 7 (power to impose custodial sentence in case involving wilful and persistent breach of youth rehabilitation order with intensive supervision and surveillance);
(b) paragraph 22(5)(b) of Schedule 9 (power to deal with offender who does not express willingness to comply with amended drug rehabilitation requirement);
(c) paragraph 10(9) of Schedule 10 (power of magistrates' court to impose custodial sentence following wilful and persistent breach of community order);
(d) paragraph 11(6) of that Schedule (corresponding power of Crown Court);
(e) paragraph 18(9)(b) of that Schedule (power to deal with offender who does not express willingness to comply with amended treatment requirement).
Procedure for forming opinion
(6) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated or offence or offences, including any aggravating or mitigating factors.
(7) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(8) See also—
(a) section 77(2) (effect of mitigation: community sentence not precluded even if threshold for custodial sentence met);
(b) section 232 (additional requirements for offender suffering from mental disorder).
Your wording
Your change, as a redline
230 Threshold for imposing discretionary custodial sentence
(1) Subsection (2) applies where a person is convicted of an offence which is punishable with a custodial sentence.
This is subject to subsection (3).
(2) The court must not pass a custodial sentence unless it is of the opinion that—
(a) the offence, or
(b) the combination of the offence and one or more offences associated with it,
was so serious that neither a fine alone nor a community sentence can be justified for the offence.
Threshold generally not applicable where mandatory sentence requirement applies
(3) This section does not apply if the offence is one in relation to which a mandatory sentence requirement applies (see section 399), except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).
Exceptions to subsection (2) relating to community sentences
(4) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to express willingness to comply with a requirement—
(a) which the court proposes to include in a community order, but
(b) which may be included only if the offender expresses willingness to comply with it.
(5) Subsection (2) is also subject to—
(a) paragraph 11(3) of Schedule 7 (power to impose custodial sentence in case involving wilful and persistent breach of youth rehabilitation order with intensive supervision and surveillance);
(b) paragraph 22(5)(b) of Schedule 9 (power to deal with offender who does not express willingness to comply with amended drug rehabilitation requirement);
(c) paragraph 10(9) of Schedule 10 (power of magistrates' court to impose custodial sentence following wilful and persistent breach of community order);
(d) paragraph 11(6) of that Schedule (corresponding power of Crown Court);
(e) paragraph 18(9)(b) of that Schedule (power to deal with offender who does not express willingness to comply with amended treatment requirement).
Procedure for forming opinion
(6) In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated or offence or offences, including any aggravating or mitigating factors.
(7) The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.
(8) See also—
(a) section 77(2) (effect of mitigation: community sentence not precluded even if threshold for custodial sentence met);
(b) section 232 (additional requirements for offender suffering from mental disorder).
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.