[F1 Life sentences]E+W

F2[82A Determination of tariffs.E+W

(1)This section applies if a court passes a life sentence in circumstances [F3where the sentence is not fixed by law].

(2)The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the M1Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.

(3)The part of his sentence shall be such as the court considers appropriate taking into account—

(a)the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;

(b)the effect of any direction which it would have given under [F4[F5section 240ZA] of the Criminal Justice Act 2003] [F6(crediting periods of remand in custody) or under section 246 of the Armed Forces Act 2006 (equivalent provision for service courts)] [F7or under section 240A of that Act of 2003 (crediting periods of remand on bail subject to certain types of condition)] if it had sentenced him to a term of imprisonment; and

(c)the early release provisions as compared with [F8section 244(1) of the Criminal Justice Act 2003] .

(4)If [F9the offender was aged 21 or over when he committed the offence and] the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, F10..., the early release provisions shall not apply to the offender.

F11(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section—

• “court” includes [F13the Court Martial];

• [F14“life sentence” means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection.]

(8)So far as this section relates to sentences passed by [F15the Court Martial], section 167(1) below does not apply.]