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Legal Aid, Sentencing and Punishment of Offenders Act 2012

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124New extended sentencesE+W

This sectionnoteType=Explanatory Notes has no associated

In Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders), after section 226 and the italic heading “Extended sentences” insert—

226AExtended sentence for certain violent or sexual offences: persons 18 or over

(1)This section applies where—

(a)a person aged 18 or over is convicted of a specified offence (whether the offence was committed before or after this section comes into force),

(b)the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences,

(c)the court is not required by section 224A or 225(2) to impose a sentence of imprisonment for life, and

(d)condition A or B is met.

(2)Condition A is that, at the time the offence was committed, the offender had been convicted of an offence listed in Schedule 15B.

(3)Condition B is that, if the court were to impose an extended sentence of imprisonment, the term that it would specify as the appropriate custodial term would be at least 4 years.

(4)The court may impose an extended sentence of imprisonment on the offender.

(5)An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—

(a)the appropriate custodial term, and

(b)a further period (the “extension period”) for which the offender is to be subject to a licence.

(6)The appropriate custodial term is the term of imprisonment that would (apart from this section) be imposed in compliance with section 153(2).

(7)The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences, subject to subsections (8) and (9).

(8)The extension period must not exceed—

(a)5 years in the case of a specified violent offence, and

(b)8 years in the case of a specified sexual offence.

(9)The term of an extended sentence of imprisonment imposed under this section in respect of an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.

(10)In subsections (1)(a) and (8), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—

(a)was abolished before 4 April 2005, and

(b)would have constituted such an offence if committed on the day on which the offender was convicted of the offence.

(11)Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—

(a)subsection (1)(c) has effect as if the words “by section 224A or 225(2)” were omitted, and

(b)subsection (6) has effect as if the words “in compliance with section 153(2)” were omitted.

226BExtended sentence for certain violent or sexual offences: persons under 18

(1)This section applies where—

(a)a person aged under 18 is convicted of a specified offence (whether the offence was committed before or after this section comes into force),

(b)the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences,

(c)the court is not required by section 226(2) to impose a sentence of detention for life under section 91 of the Sentencing Act, and

(d)if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.

(2)The court may impose an extended sentence of detention on the offender.

(3)An extended sentence of detention is a sentence of detention the term of which is equal to the aggregate of—

(a)the appropriate custodial term, and

(b)a further period (the “extension period”) for which the offender is to be subject to a licence.

(4)The appropriate custodial term is the term of detention that would (apart from this section) be imposed in compliance with section 153(2).

(5)The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences, subject to subsections (6) and (7).

(6)The extension period must not exceed—

(a)5 years in the case of a specified violent offence, and

(b)8 years in the case of a specified sexual offence.

(7)The term of an extended sentence of detention imposed under this section in respect of an offence may not exceed the term that, at the time the offence was committed, was the maximum term of imprisonment permitted for the offence in the case of a person aged 18 or over.

(8)In subsections (1)(a) and (6), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—

(a)was abolished before 4 April 2005, and

(b)would have constituted such an offence if committed on the day on which the offender was convicted of the offence.

(9)Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—

(a)subsection (1) has effect as if paragraph (c) were omitted, and

(b)subsection (4) has effect as if the words “in compliance with section 153(2)” were omitted.

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