Part II

Effect of custodial sentences
Chapter II

Life sentences

Sentence of detention during Her Majesty’s pleasure: review of minimum term

Power of High Court to reduce minimum term
27B
1
This section applies where the Secretary of State refers an application for a minimum term review made by a relevant young offender under section 27A to the High Court.
2
The court may—
a
make a reduction order in relation to relevant young offender, or
b
confirm the minimum term in respect of the offender’s DHMP sentence,
and a decision of the court under this subsection is final.
3
A reduction order is an order that the relevant young offender’s minimum term is to be reduced to such part of the offender’s DHMP sentence as the court considers appropriate and is specified in the reduction order.
4
In deciding whether to make a reduction order, the court must, in particular, take into account any evidence—
a
that the relevant young offender’s rehabilitation has been exceptional;
b
that the continued detention or imprisonment of the offender for the remainder of the minimum term is likely to give rise to a serious risk to the welfare or continued rehabilitation of the offender which cannot be eliminated or mitigated to a significant degree.
5
In this section “
DHMP sentence
”, “
minimum term
” and “
relevant young offender
” have the same meaning as in section 27A.
Pt. II Ch. II excluded (1.9.2001) by 2001 c. 17, s. 42, Sch. 7 para. 3(1) (with s. 78); S.I. 2001/2161, art. 2
Pt. II applied in part (with modifications) (1.10.1997) by S.I. 1997/1776, art. 2, Sch. 1 paras. 2-4; S.I. 1997/2200, art. 2(1)
Ss. 27A, 27B and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 128(1), 208(5)(l)