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).