Sentencing Act 2020

Detention for life etcE+W
258Required sentence of detention for life for offence carrying life sentenceE+W

(1)This section applies where—

(a)a person aged under 18 is convicted of a Schedule 19 offence (see section 307),

(b)the court considers that the seriousness of—

(i)the offence, or

(ii)the offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life, and

(c)the court is of the opinion 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 (see sections 306(1) and 308).

(2)The court must impose a sentence of detention for life under section 250.

(3)The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(4)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

Modifications etc. (not altering text)

C1S. 258(2) applied (with modifications) by 2006 c. 52, s. 221(2)(3)(6) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 41(3)(4)(6) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 258 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

259Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasureE+W

(1)This section applies where—

(a)a court is dealing with a person convicted of—

(i)murder, or

(ii)any other offence the sentence for which is fixed by law as life imprisonment, and

(b)the person appears to the court to have been aged under 18 at the time the offence was committed.

(2)The court must sentence the offender to be detained during Her Majesty's pleasure.

(3)Subsection (2) applies notwithstanding anything in this or any other Act.

Commencement Information

I2S. 259 in force at 1.12.2020 by S.I. 2020/1236, reg. 2