Coroners and Justice Act 2009

Prospective

126Determination of tariffs etcE+W
This sectionnoteType=Explanatory Notes has no associated

(1)Section 125(3) (except as applied by virtue of subsection (3) below) is subject to any power a court has to impose—

(a)a sentence of imprisonment for public protection by virtue of section 225(3) of the Criminal Justice Act 2003 (c. 44);

(b)a sentence of detention for public protection by virtue of section 226(3) of that Act;

(c)an extended sentence of imprisonment by virtue of section 227 of that Act;

(d)an extended sentence of detention by virtue of section 228 of that Act.

(2)Subsection (3) applies where a court determines the notional determinate term for the purpose of determining in any case—

(a)the order to be made under section 82A of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs),

(b)the notional minimum term for the purposes of section 225(3C) or 226(3A) of the Criminal Justice Act 2003 (imprisonment or detention for public protection for serious offences),

(c)the appropriate custodial term for the purposes of section 227(3) of that Act (extended sentence for certain violent or sexual offences: persons 18 or over), or

(d)the appropriate term for the purposes of section 228(3) of that Act (extended sentence for certain violent or sexual offences: persons under 18).

(3)Subsections (2) to (5) of section 125 apply for the purposes of determining the notional determinate term in relation to an offence as they apply for the purposes of determining the sentence for an offence.

(4)In this section references to the notional determinate term are to the determinate sentence that would have been passed in the case if the need to protect the public and the potential danger of the offender had not required the court to impose a life sentence (in circumstances where the sentence is not fixed by law) or, as the case may be, an extended sentence of imprisonment or detention.

(5)In subsection (4) “life sentence” has the same meaning as in Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43).