**A** **BILL** **TO** create a presumption against passing sentences of imprisonment under six months *BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Lords, and Commons, in this present Parliament assembled, and by the authority of the same, as follows –* **1 - Prohibition on passing sentences of imprisonment** In the Criminal Justice Act 2003: (1) After section 146, insert— >**“146A - Restrictions on passing sentences of imprisonment** >(1) A court must not pass a sentence of imprisonment for a term of 6 months or less on a person for a relevant offence unless the court considers that no other method of dealing with the person is appropriate. >(2) Where a court passes such a sentence, the court must— >- (a) state its reasons for the opinion that no other method of dealing with the person is appropriate, and >- (b) have those reasons entered in the record of the proceedings. >(3) In subsection (1), a relevant offence means an offence specified in Schedule 15." (2) Change the title of Schedule 15 from "Specified offences for purposes of Chapter 5 of Part 12" to "Specified offences for purposes of Section 146A and Chapter 5 of Part 12". **2 - Sentencing Guidelines** In the Coroners and Justice Act 2009 after section 120, insert— >“**120A - Guidelines Reflecting The Presumption Against Short Sentences Of Imprisonment** >(1) When exercising functions under section 120 with regards to offences which may have a terms of imprisonment of 6 months or below but are not relevant offences under the Act, the Council is to have regard to the desirability of sentencing guidelines which should incorporate— >- (a) a consideration of section 1 subsection of the Act; and >- (b) with regards to the specific offence guidelines on non custodial sentences. >(2) The council will within 2 months of this section coming into force, issue general guidelines relating to section 1 subsection of the Presumption Against Short Sentences Of Imprisonment Act 2019 that will detail— >- (a) to determine if no other method is appropriate in a case; and >- (b) the threshold for custody shall be determined; and >- (c) the process by which alternatives to custodial sentences should be considered. >(3) In this section “the Act” is the Presumption Against Short Sentences Of Imprisonment Act 2019” **3 - Extent, commencement, and short title** (1) This Act shall extend to England and Wales only. (2) Section 1 of this Act shall come into force 3 months after receiving Royal Assent, section 2 and this section shall have effect upon Royal Assent. (3) This Act may be cited as the Presumption Against Short Sentences Of Imprisonment Act 2019.