Part 12U.K.Sentencing

Modifications etc. (not altering text)

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

Chapter 5E+WDangerous offenders

[F1Extended sentences]E+W

Textual Amendments

[F2226AExtended sentence for certain violent[F3, sexual or terrorism] offences: persons 18 or overE+W

(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 [F4subsections (7A) to (9)].

[F5(7A)The extension period must be at least 1 year.]

(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 [F6or a specified terrorism 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.

Textual Amendments

F3Words in s. 226A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(3)(a), 27(3) (with s. 25(3)(4))

F4Words in s. 226A(7) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 8(2)(a), 22(1) (with Sch. 7 para. 4); S.I. 2015/40, art. 2(h)

F6Words in s. 226A(8)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(3)(b), 27(3) (with s. 25(3)(4))

Modifications etc. (not altering text)

C4Ss. 226A(4)-(9) applied (with modifications) by Armed Forces Act 2006 (c. 52), s. 219A(4)(5) (as inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 5; S.I. 2012/2906, art. 2(t))

226BExtended sentence for certain violent[F7, sexual or terrorism] offences: persons under 18E+W

(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 [F8subsections (5A) to (7)].

[F9(5A)The extension period must be at least 1 year.]

(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 [F10or a specified terrorism 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.]

Textual Amendments

F7Words in s. 226B heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(4)(a), 27(3) (with s. 25(3)(4))

F8Words in s. 226B(5) substituted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 8(3)(a), 22(1) (with Sch. 7 para. 4); S.I. 2015/40, art. 2(h)

F10Words in s. 226B(6)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(4)(b), 27(3) (with s. 25(3)(4))

Modifications etc. (not altering text)

C6Ss. 226B(2)-(7) applied (with modifications) by Armed Forces Act 2006 (c. 52), s. 221A(2)-(7) (as inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 9; S.I. 2012/2906, art. 2(t))

F11227Extended sentence for certain violent or sexual offences: persons 18 or overE+W

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Textual Amendments

F12228Extended sentence for certain violent or sexual offences: persons under 18E+W

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Textual Amendments

229The assessment of dangerousnessE+W

(1)This section applies where—

(a)a person has been convicted of a specified offence, and

(b)it falls to a court to assess under any of sections 225 to 228 whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences.

(2)F13. . . , the court in making the assessment referred to in subsection (1)(b)—

(a)must take into account all such information as is available to it about the nature and circumstances of the offence,

[F14(aa)may take into account all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,]

(b)may take into account any information which is before it about any pattern of behaviour of which [F15any of the offences mentioned in paragraph (a) or (aa)] forms part, and

(c)may take into account any information about the offender which is before it.

[F16(2A)The reference in subsection (2)(aa) to a conviction by a court includes a reference to—

[F17(a)a conviction of an offence in any service disciplinary proceedings, and]

(b)a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]

[F18(2B)For the purposes of subsection (2A)(a) “service disciplinary proceedings” means—

(a)any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and

(b)any proceedings before a Standing Civilian Court;

and “conviction” includes the recording of a finding that a charge in respect of the offence has been proved.]

(3)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C7S. 229(2)(2A) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 223(2)(3), 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 145, Sch. 25 para. 17; S.I. 2009/1028, art. 2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/1028, art. 2(b)

C8S. 229(2A)(b) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(7)

Commencement Information

I1S. 229 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

230Imprisonment or detention for public protection: release on licenceE+W

Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.

Commencement Information