Criminal Justice Act 2003

Chapter 7E+WEffect of life sentence

F1269Determination of minimum term in relation to mandatory life sentenceE+W

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F2270Duty to give reasonsE+W

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271AppealsE+W

(1)In section 9 of the Criminal Appeal Act 1968 (c. 19) (appeal against sentence following conviction on indictment), after subsection (1) there is inserted—

“(1A)In subsection (1) of this section, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.

(2)In section 8 of the Courts-Martial (Appeals) Act 1968 (c. 20) (right of appeal from court-martial to Courts-Martial Appeal Court) after subsection (1) there is inserted—

“((1ZA))In subsection (1) above, the reference to a sentence fixed by law does not include a reference to an order made under subsection (2) or (4) of section 269 of the Criminal Justice Act 2003 in relation to a life sentence (as defined in section 277 of that Act) that is fixed by law.”.

272Review of minimum term on a reference by Attorney GeneralE+W

(1)In section 36 of the Criminal Justice Act 1988 (c. 33) (reviews of sentencing) after subsection (3) there is inserted—

“(3A)Where a reference under this section relates to an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence), the Court of Appeal shall not, in deciding what order under that section is appropriate for the case, make any allowance for the fact that the person to whom it relates is being sentenced for a second time.”.

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273Life prisoners transferred to England and WalesE+W

(1)The Secretary of State must refer the case of any transferred life prisoner to the High Court for the making of one or more relevant orders.

(2)In subsection (1) “transferred life prisoner” means a person -

(a)on whom a court in a country or territory outside the British Islands has imposed one or more sentences of imprisonment or detention for an indeterminate period, and

(b)who has been transferred to England and Wales after the commencement of this section in pursuance of—

(i)an order made by the Secretary of State under section 2 of the Colonial Prisoners Removal Act 1884 (c. 31), or

(ii)a warrant issued by the Secretary of State under the Repatriation of Prisoners Act 1984 (c. 47),

there to serve his sentence or sentences or the remainder of his sentence or sentences.

(3)In subsection (1) “a relevant order” means [F4a minimum term order or a whole life order under section 321 of the Sentencing Code].

(4)In section 34(1) of the Crime (Sentences) Act 1997 (c. 43) (meaning of “life prisoner” in Chapter 2 of Part 2 of that Act) at the end there is inserted “ and includes a transferred life prisoner as defined by section 273 of the Criminal Justice Act 2003 ”.

[F5(5)The reference in subsection (2)(b) above to a person who has been transferred to England and Wales in pursuance of a warrant issued under the Repatriation of Prisoners Act 1984 includes a reference to a person who is detained in England and Wales in pursuance of a warrant under section 4A of that Act (warrant transferring responsibility for detention and release of offender).]

274Further provisions about references relating to transferred life prisonersE+W

(1)A reference to the High Court under section 273 is to be determined by a single judge of that court without an oral hearing.

(2)In relation to a reference under that section, any reference to “the court” [F6in sections 321 to 323 of the Sentencing Code] is to be read as a reference to the High Court.

(3)A person in respect of whom a reference has been made under section 273 may with the leave of the Court of Appeal appeal to the Court of Appeal against the decision of the High Court on the reference.

(4)Section 1(1) of the Administration of Justice Act 1960 (c. 65) (appeal to [F7Supreme Court] from decision of High Court in a criminal cause or matter) and section 18(1)(a) of the Supreme Court Act 1981 (c. 54) (exclusion of appeal from High Court to Court of Appeal in a criminal cause or matter) do not apply in relation to a decision to which subsection (3) applies.

(5)The jurisdiction conferred on the Court of Appeal by subsection (3) is to be exercised by the criminal division of that court.

(6)Section 33(3) of the Criminal Appeal Act 1968 (c. 19) (limitation on appeal from criminal division of Court of Appeal) does not prevent an appeal to the [F7Supreme Court] under this section.

(7)In relation to appeals to the Court of Appeal or the [F7Supreme Court] under this section, the Secretary of State may make an order containing provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

275Duty to release certain life prisonersE+W

(1)Section 28 of the Crime (Sentences) Act 1997 (c. 43) (duty to release certain life prisoners) is amended as follows.

(2)For subsection (1A) there is substituted—

“(1A)This section applies to a life prisoner in respect of whom a minimum term order has been made; and any reference in this section to the relevant part of such a prisoner’s sentence is a reference to the part of the sentence specified in the order.”

(3)In subsection (1B)(a)—

(a)for the words from the beginning to “applies” there is substituted “ this section does not apply to him ”, and

(b)for the words from “such an order” to “appropriate stage” there is substituted “ a minimum term order has been made in respect of each of those sentences ”.

(4)After subsection (8) there is inserted—

“(8A)In this section “minimum term order” means an order under—

(a)subsection (2) of section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (determination of minimum term in respect of life sentence that is not fixed by law), or

(b)subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in respect of mandatory life sentence).”.

276Mandatory life sentences: transitional casesE+W

Schedule 22 (which relates to the effect in transitional cases of mandatory life sentences) shall have effect.

F8277Interpretation of Chapter 7E+W

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