Part V CUSTODIAL SENTENCES ETC.

Chapter IGeneral provisions

F2 Life sentences

Annotations:
Amendments (Textual)
F2

S. 82A and cross-heading inserted (30.11.2000) by 2000 c. 43, ss. 60(1), 80(3)

F1C182A Determination of tariffs.

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 F8section 240 of the Criminal Justice Act 2003F11below (crediting periods of remand in custody)F11(crediting periods of remand in custody) or under section 246 of the Armed Forces Act 2006 (equivalent provision for service courts)F10or 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 F4section 244(1) of the Criminal Justice Act 2003.

4

If F5the 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, F6..., the early release provisions shall not apply to the offender.

F94A

No order under subsection (4) above may be made where the life sentence is—

a

a sentence of imprisonment for public protection under section 225 of the Criminal Justice Act 2003, or

b

a sentence of detention for public protection under section 226 of that Act.

F75

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F76

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7

In this section—

  • “court” includes F12a court-martialF12the Court Martial;

  • “life sentence” has the same meaning as in Chapter II of Part II of the M2Crime (Sentences) Act 1997.

8

So far as this section relates to sentences passed by F13a court-martialF13the Court Martial, section 167(1) below does not apply.