Part II E+W Effect of custodial sentences

Modifications etc. (not altering text)

C1 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)

Chapter II E+W Life sentences

Modifications etc. (not altering text)

C2 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

[F1 Referral of release decisions to High Court E+W

Textual Amendments

F1 Ss. 32ZAA-32ZAC and cross-heading inserted (31.12.2025) by Victims and Prisoners Act 2024 (c. 21), ss. 61(1), 81(2); S.I. 2025/1325, reg. 2(e)

32ZAB Specified offences E+W

(1) The offences specified or described in this section (for the purposes of section 32ZAA) are—

(a) murder;

(b) an offence under section 5 of the Domestic Violence, Crime and Victims Act 2004, where a child has died as a result of the prisoner’s unlawful act;

(c) an offence specified in any of paragraphs 41 to 43 of Schedule 18 to the Sentencing Code (specified terrorism offences other than inchoate offences);

(d) an offence that is not an inchoate offence and was determined to have a terrorist connection, within the meaning given by section 247A(7A) of the Criminal Justice Act 2003;

(e) an offence under section 1 of the Sexual Offences Act 2003 (rape);

(f) an offence under section 5 of that Act (rape of a child under 13);

(g) an offence under section 1 of the Sexual Offences (Scotland) Act 2009 (asp 9) (rape);

(h) an offence under section 18 of that Act (rape of a young child);

(i) an offence under Article 5 of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2)) (rape);

(j) an offence under Article 12 of that Order (rape of a child under 13);

(k) an offence that—

(i) is abolished, and

(ii) would have constituted an offence referred to in paragraphs (a) to (j) if committed on or after the date on which it was abolished.

(2) A sentence in respect of a service offence is to be treated for the purposes of section 32ZAA as if it were a sentence in respect of the corresponding offence.

(3) In subsection (2)—

(a) “service offence” means an offence under—

(i) section 42 of the Armed Forces Act 2006,

(ii) section 70 of the Army Act 1955 or the Air Force Act 1955, or

(iii) section 42 of the Naval Discipline Act 1957;

(b) “corresponding offence” means—

(i) in relation to an offence under section 42 of the Armed Forces Act 2006, the corresponding offence under the law of England and Wales within the meaning of that section;

(ii) in relation to an offence under section 70 of the Army Act 1955 or the Air Force Act 1955, the corresponding civil offence within the meaning of that Act;

(iii) in relation to an offence under section 42 of the Naval Discipline Act 1957, the civil offence within the meaning of that section.]