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Criminal Justice and Immigration Act 2008

Section 14:  Sentences of detention for public protection

197.Section 14 amends section 226 of the 2003 Act (detention for life or detention for public protection). Section 226 applies to those under 18. The amendments have the following effect.

  • They give the court a power, rather than a duty, to impose a sentence of detention for public protection: currently it has an obligation to do so unless it considers an extended sentence adequate;

  • They provide that this power may only be exercised where the immediate offence would attract a notional minimum term of at least 2 years.

198.Subsection (3A) defines what is meant by notional minimum term. The court should follow the usual practice for setting tariffs for sentences of detention for public protection (in accordance with section 82A(2) of the 2000 Act), except that it should not credit periods on remand (in custody or on bail) in arriving at the minimum term.

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