Criminal Justice Act 2003

228 Extended sentence for certain violent or sexual offences: persons under 18 E+W

(1) This section applies where—

(a) a person aged under 18 is convicted of a specified offence committed after the commencement of this section, and

(b) the court considers—

(i) that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences, and

(ii) where the specified offence is a serious offence, that the case is not one in which the court is required by section 226(2) to impose a sentence of detention for life under section 91 of the Sentencing Act F1 . . . .

(2) [F2 The court may] impose on the offender an extended sentence of detention, [F3 if the condition in subsection (2A) is met.]

[F4 (2A) The condition in this subsection is that, if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.

(2B) An extended sentence of detention is a sentence of detention the term of which is equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by him of further specified offences.]

(3) In [F5 subsections (2A) and (2B)]“the appropriate custodial term” means such term as the court considers appropriate, which—

(a) F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) must not exceed the maximum term of imprisonment permitted for the offence.

(4) The extension period must not exceed—

(a) five years in the case of a specified violent offence, and

(b) eight years in the case of a specified sexual offence.

(5) The term of an extended sentence of detention passed under this section in respect of an offence must not exceed the maximum term of imprisonment permitted for the offence.

(6) Any reference in this section to the maximum term of imprisonment permitted for an offence is a reference to the maximum term of imprisonment that is, apart from section 225, permitted for the offence in the case of a person aged 18 or over.

[F7 (7) The Secretary of State may by order amend subsection (2A) so as to substitute a different period for the period for the time being specified in that subsection.]

Textual Amendments

F1 Words in s. 228(1)(b)(ii) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(2), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to art. 2(3), Sch. 2 para. 2)

F2 Words in s. 228(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(3)(a), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 7 (subject to art. 2(3), Sch. 2 para. 2)

F3 Words in s. 228(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(3)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 7 (subject to art. 2(3), Sch. 2 para. 2)

F4 S. 228(2A)(2B) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(4), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 7 (subject to art. 2(3), Sch. 2 para. 2)

F5 Words in s. 228(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(5)(a), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 7 (subject to art. 2(3), Sch. 2 para. 2)

F6 S. 228(3)(a) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(5)(b), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 paras. 7, 50(2)(c) (subject to art. 2(3), Sch. 2 para. 2)

F7 S. 228(7) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 16(6), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 7 (subject to art. 2(3), Sch. 2 para. 2)

Modifications etc. (not altering text)

C1 S. 228 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 222, 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 16; S.I. 2009/1028, art. 2(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 228 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)