Chapter 7: Effect of Life Sentence
Section 269: Determination of minimum term in relation to mandatory life sentence
608.This section relates to mandatory life sentences (that is, life sentences fixed by law). The only offences carrying a mandatory life sentence are murder and certain offences involving murder.
609.This Section requires a court passing a mandatory life sentence to make an order specifying a period of time the prisoner must serve before the Parole Board can consider release on licence under the provisions of section 28 of the Crime (Sentences) Act 1997 (i.e. the “minimum term”). The exception is that if the offender was 21 or over at the time of the offence, and the court takes the view that the murder is so grave that the offender ought to spend the rest of his life in prison, the order is that those early release provisions are not to apply to the offender (See subsection (4)).
610.A life sentence is defined (by section 277) as meaning a sentence of imprisonment for life, which is imposed on those convicted of murder who are 21 or more years of age, a sentence of custody for life, which is for those aged 18, 19 or 20 years of age, and a sentence of detention during Her Majesty’s Pleasure, which is for those under 18 years of age.
611.The "whole life", 30 year, and 15 year starting points set out in Schedule 21 do not apply to juveniles: all juveniles who receive a mandatory life sentence are subject to a starting point of 12 years.
612.Subsection (3) requires the court to set the minimum term by reference to the seriousness of the offence, and also to take into account time spent on remand.
613.Subsection (5) makes further provision in relation to the assessment of the seriousness of the offence. It requires the court to have regard to the principles set out in Schedule 21, and to any guidelines issued by the Sentencing Guidelines Council (provided they are compatible with the provisions of Schedule 21). Schedule 21 is explained in detail below.
614.Subsection (6) enables the Secretary of State to amend Schedule 21 by order (subject to affirmative resolution procedure). The Secretary of State has a duty to consult the Sentencing Guidelines Council before making such an order.
Section 270: Duty to give reasons
615.Section 270 is designed to ensure that everyone concerned is afforded a clear and readily understood explanation of the reasoning of the court in arriving at the minimum term imposed. (The court is also required by section 174(1)(b) to explain the effect of the sentence.)
Section 271: Appeals
616.Subsection (1) ensures that the opportunity to apply to the Court of Appeal, and thereafter to House of Lords, in order to appeal against a minimum term is open to prisoners in respect of whom an order under section 269 is made following sentence in the Crown Court. Subsection (2) contains similar provisions in relation to sentences passed by courts-martial.
Section 272: Review of minimum term on reference by Attorney General
617.Section 36 of the Criminal Justice Act 1988 provides for the Attorney General to refer a case concerning certain offences to the Court of Appeal for review if he is of the opinion that the sentence imposed is unduly lenient. As a matter of sentencing practice the Court of Appeal, when increasing a sentence which in its view is unduly lenient, operates a “double jeopardy” discount in favour of the offender to take account of the fact that he or she is being sentenced for a second time. A person convicted of murder is in any event subject to a life sentence and has no certain prospect of a particular release date. The amendment to section 36 of the Criminal Justice Act 1988 will prevent the Court of Appeal from applying a discount of this kind in referred cases relating to minimum term orders under section 269(2). (Equivalent amendments are made to relevant legislation covering the different armed forces.)
Section 273: Life prisoners transferred to England and Wales & Section 274: Further provisions about references relating to transferred life prisoners
618.The need to provide for judicial determination of minimum terms in mandatory life sentences affects not only those convicted here but also the small number of prisoners who have been convicted in jurisdictions outside the British Islands (i.e. the United Kingdom, the Channel Islands and the Isle of Man) and who consent to be transferred to England and Wales in order to serve their sentence here. Section 273 provides for the cases of these transferred life sentence prisoners to be referred to the High Court for a minimum term to be fixed. section 274 contains further provisions about references under section 273, including provision for appeals.
Section 275: Duty to release certain life prisoners
619.Section 275 deals with the release of mandatory life prisoners. In accordance with the ruling of the European Court of Human Rights in the case of Stafford this provision brings the arrangements for the release of mandatory life prisoners into line with those for discretionary life prisoners under section 28 of the Crime (Sentences) Act 1997. The amendments ensure that, like discretionary life sentence prisoners, a mandatory life sentence prisoner will be able to require the Secretary of State to refer his case to the Parole Board once he has served his minimum term. Once a case is referred to it the Parole Board decides whether a prisoner is to be released and may direct his release only if it is satisfied that the prisoner’s continued detention is no longer necessary for the protection of the public. The Secretary of State is then under a duty to release the prisoner on a life licence.
Section 276: Mandatory life sentences : transitional cases
620.This section introduces Schedule 22 dealing with existing life sentence prisoners. This Schedule is explained below.
