Criminal Justice and Immigration Act 2008

13Sentences of imprisonment for public protection

This section has no associated Explanatory Notes

(1)In section 225 of the Criminal Justice Act 2003 (life sentence or imprisonment for public protection), for subsection (3) substitute—

(3)In a case not falling within subsection (2), the court may impose a sentence of imprisonment for public protection if the condition in subsection (3A) or the condition in subsection (3B) is met.

(3A)The condition in this subsection is that, at the time the offence was committed, the offender had been convicted of an offence specified in Schedule 15A.

(3B)The condition in this subsection is that the notional minimum term is at least two years.

(3C)The notional minimum term is the part of the sentence that the court would specify under section 82A(2) of the Sentencing Act (determination of tariff) if it imposed a sentence of imprisonment for public protection but was required to disregard the matter mentioned in section 82A(3)(b) of that Act (crediting periods of remand).

(2)After Schedule 15 to that Act, insert the Schedule set out in Schedule 5 to this Act.