Section 5 PenaltiesI1

(1)

A person guilty of an offence under section 1 or 2 is liable—

(a)

on conviction on indictment, to imprisonment for life;

(b)

on summary conviction, to imprisonment for a term not exceeding F1the general limit in a magistrates’ court or a fine or both.

(2)

A person guilty of an offence under section 4 is liable (unless subsection (3) applies)—

(a)

on conviction on indictment, to imprisonment for a term not exceeding 10 years;

(b)

on summary conviction, to imprisonment for a term not exceeding F2the general limit in a magistrates’ court or a fine or both.

(3)

Where the offence under section 4 is committed by kidnapping or false imprisonment, a person guilty of that offence is liable, on conviction on indictment, to imprisonment for life.

(4)

In relation to an offence committed before F32 May 2022, the references in subsections (1)(b) and (2)(b) to F4the general limit in a magistrates’ court are to be read as references to 6 months.

Annotations

Textual amendments

F1: Words in s. 5(1)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F2: Words in s. 5(2)(b) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table
F3: Words in s. 5(4) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1
F4: Words in s. 5(4) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

Commencement

I1: S. 5 in force at 31.7.2015 by S.I. 2015/1476, reg. 2(a)