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Criminal Justice and Immigration Act 2008
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- 2008 c. 4
- Part 2
- Custodial sentences
- Section 19
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- Blanket amendment text amended by S.I. 2011/1043 art. 3 4 (commencement order for 2008 c.13 (N.I.))
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- S.I. 2008/1466 art. 2 commences (2008 c. 4)
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- S.I. 2008/2993 art. 2 commences (2008 c. 4)
- S.I. 2008/3260 art. 2 commences (2008 c. 4)
- S.I. 2009/140 art. 2 commences (2008 c. 4)
- S.I. 2009/860 art. 2 commences (2008 c. 4)
- S.I. 2009/1028 art. 2 commences (2008 c. 4)
- S.I. 2009/1678 art. 3 commences (2008 c. 4)
- S.I. 2009/1842 art. 2 commences (2008 c. 4)
- S.I. 2009/2606 art. 2 3 commences (2008 c. 4)
- S.I. 2009/2780 art. 2 commences (2008 c. 4)
- S.I. 2010/712 arts. 2-4 commences (2008 c. 4)
- S.R. 2009/243 art. 2 commences (2008 c. 4)
- S.R. 2010/349 art. 2 commences (2007 c. 2 (N.I.))
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2009/415 art. 2-4 commences (2008 c. 17)
- S.I. 2009/1357 art. 2 commences (S.I. 2009/1182)
- S.I. 2009/3074 art. 2 3 commences (2008 c. 4)
- S.I. 2010/293 art. 2 commences (2009 c. 24)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.S.I. 2010/413 art. 2 Sch. commences (2010 asp 13)
Prospective
19Indeterminate sentences: determination of tariffsE+W
This section has no associated Explanatory Notes
(1)Section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) (determination of tariffs in cases where the sentence is not fixed by law) is amended as follows.
(2)In subsection (3) (determination of the appropriate part of the sentence) at the end insert— “ In Case A or Case B below, this subsection has effect subject to, and in accordance with, subsection (3C) below. ”
(3)After subsection (3) insert—
“(3A)Case A is where the offender was aged 18 or over when he committed the offence and the court is of the opinion that the seriousness of the offence, or of the combination of the offence and one or more other offences associated with it,—
(a)is exceptional (but not such that the court proposes to make an order under subsection (4) below), and
(b)would not be adequately reflected by the period which the court would otherwise specify under subsection (2) above.
(3B)Case B is where the court is of the opinion that the period which it would otherwise specify under subsection (2) above would have little or no effect on time spent in custody, taking into account all the circumstances of the particular offender.
(3C)In Case A or Case B above, in deciding the effect which the comparison required by subsection (3)(c) above is to have on reducing the period which the court determines for the purposes of subsection (3)(a) (and before giving effect to subsection (3)(b) above), the court may, instead of reducing that period by one-half,—
(a)in Case A above, reduce it by such lesser amount (including nil) as the court may consider appropriate according to the seriousness of the offence, or
(b)in Case B above, reduce it by such lesser amount (but not by less than one-third) as the court may consider appropriate in the circumstances.”
(4)In subsection (4A) (no order to be made under subsection (4) in the case of certain sentences) after “No order under subsection (4) above may be made” insert “ , and Case A above does not apply, ”.
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