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Powers of Criminal Courts (Sentencing) Act 2000

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Powers of Criminal Courts (Sentencing) Act 2000, Cross Heading: Life sentences is up to date with all changes known to be in force on or before 13 November 2018. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects

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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

  • s. 41(9A) inserted by 2000 c. 43 Sch. 7 para. 165(b) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 41(12) inserted by 2000 c. 43 Sch. 7 para. 165(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 165 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 58(2) inserted by 2000 c. 43 Sch. 7 para. 172 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 172 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • s. 82A(3A)-(3C) inserted by 2008 c. 4 s. 19(3)
  • s. 83(2)(aa) substituted for s. 83(2)(b)(c) by 2000 c. 43 Sch. 7 para. 178
  • s. 101(2A) inserted by 2003 c. 44 s. 298(3)
  • s. 114(3) words substituted by 2007 c. 27 Sch. 5 para. 3
  • s. 147A(6) words omitted by 2012 c. 10 Sch. 13 para. 12(a)
  • s. 147A(6)(a) words substituted by 2012 c. 10 Sch. 13 para. 12(b)
  • s. 147A(6)(b) words inserted by 2012 c. 10 Sch. 13 para. 12(c)
  • Sch. 2 para. 8 and cross-heading inserted by 2000 c. 43 s. 51 (This amendment not applied to legislation.gov.uk. S. 51 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 6A and cross-heading inserted by 2000 c. 43 Sch. 7 para. 199(9) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(9) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 26 inserted by 2000 c. 43 Sch. 7 para. 199(26) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(26) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 3 para. 4(4A) inserted by 2004 c. 28 Sch. 5 para. 5(4) (Effect not applied as it relates to a version of Sch. 3 para. 4 prospectively substituted but not brought into force)
  • Sch. 3 para. 7(4)-(7) substituted for Sch. 3 para. 7(4)-(6) by 2000 c. 43 Sch. 7 para. 199(10)(c) (This amendment not applied to legislation.gov.uk. Sch. 7 para. 199(10)(c) repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))
  • Sch. 10 para. 12(2)(e)(f) inserted by 2000 c. 43 Sch. 7 para. 204 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 204 repealed (30.11.2009) without ever being in force by 2008 c. 4, Sch. 28 Pt. 1; S.I. 2009/3074, art. 2(u)(xxix))

[F1 Life sentences]E+W

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 82A and cross-heading inserted (30.11.2000) by 2000 c. 43, ss. 60(1), 80(3)

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;

[F4(b)the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

(i)section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

(ii)section 246 of the Armed Forces Act 2006 (equivalent provision for service courts);

(iii)any direction which the court would have given under section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail subject to certain types of condition);]

(c)the early release provisions as compared with [F5section 244(1) of the Criminal Justice Act 2003] .

(4)If [F6the 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, F7..., the early release provisions shall not apply to the offender.

F8(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F9(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)In this section—

  • court” includes [F10the Court Martial];

  • [F11life 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 [F12the Court Martial], section 167(1) below does not apply.]

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F2S. 82A and cross-heading inserted (30.11.2000) by 2000 c. 43, ss. 60(1), 80(3)

F3Words in s. 82A(1) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 109(2)

F5Words in s. 82A(3)(c) substituted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 109(3)(b)

F6Words in s. 82A(4) inserted (18.12.2003) by Criminal Justice Act 2003 (c. 44), s. 336(2), Sch. 32 para. 109(4)(a)

F10Words in s. 82A(7) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 163(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F12Words in s. 82A(8) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 16 para. 163(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Modifications etc. (not altering text)

C1S. 82A modified (30.11.2000) by 2000 c. 43, ss. 60(4), 80(3)

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