Part 9Sentencing: Principles and Procedures
Chapter 2Principles and Procedures applying to Service Courts Only
Custodial sentences and service detention
261Length of discretionary custodial sentences: general provision
(1)
This section applies where a court passes a custodial sentence for a service offence, other than a sentence fixed by law or F1imposed under F2—
(a)
section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence),
(b)
section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or
(c)
section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18).
(2)
The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of the offence or the combination of the offence and one or more offences associated with it.