Part VCustodial sentences etc.
Chapter IGeneral provisions
Sexual and violent offences: licences etc.
85Sexual or violent offences: extension of certain custodial sentences for licence purposes
1
This section applies where a court—
a
proposes to impose a custodial sentence for a sexual or violent offence committed on or after 30th September 1998; and
b
considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of preventing the commission by him of further offences and securing his rehabilitation.
2
Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of—
a
the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section (“the custodial term”); and
b
a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.
3
Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.
4
The extension period shall not exceed—
a
ten years in the case of a sexual offence; and
b
five years in the case of a violent offence.
5
The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.
6
Subsection (2) of section 80 above (length of discretionary custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.
7
The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.
8
In this section “licence” means a licence under Part II of the [1991 c. 53.] Criminal Justice Act 1991 (early release of prisoners).
86Sexual offences committed before 30th September 1998
1
Where, in the case of a long-term or short-term prisoner—
a
the whole or any part of his sentence was imposed for a sexual offence committed before 30th September 1998, and
b
the court by which he was sentenced for that offence, having had regard to the matters mentioned in section 32(6)(a) and (b) of the [1991 c. 53.] Criminal Justice Act 1991, ordered that this section should apply,
sections 33(3) and 37(1) of that Act shall each have effect as if for the reference to three-quarters of his sentence there were substituted a reference to the whole of that sentence.
2
Expressions used in this section shall be construed as if they were contained in Part II of the [1991 c. 53.] Criminal Justice Act 1991.
3
The reference in subsection (1) above to section 33(3) of the [1991 c. 53.] Criminal Justice Act 1991 is to section 33(3) as it has effect without the amendment made by section 104(1) of the [1998 c. 37.] Crime and Disorder Act 1998 (which substituted the words “on licence” for the word “unconditionally” and does not apply in relation to a prisoner whose sentence or any part of whose sentence was imposed for an offence committed before 30th September 1998).