THIRD GROUP OF PARTSDisposals

PART 10Custodial sentences

CHAPTER 8Effect of life sentences

I4C1321Life sentence: minimum term order or whole life order

1

Where a court passes a life sentence, it must make an order under this section.

2

The order must be a minimum term order unless the court is required to make a whole life order under subsection (3).

3

The order must be a whole life order if—

a

F7the case is within subsection (3A) or (3B), and

b

the court is of the opinion that, because of the seriousness of—

i

the offence, or

ii

the combination of the offence and one or more offences associated with it,

it should not make a minimum term order.

F43A

A case is within this subsection if the offender was aged 21 or over when the offence was committed.

3B

A case is within this subsection if—

a

the offence was committed on or after the day on which section 126 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

b

the offender was aged 18 or over but under 21 when the offence was committed.

3C

In a case within subsection (3B), the court may arrive at the opinion set out in subsection (3)(b) only if it considers that the seriousness of the offence, or combination of offences, is exceptionally high even by the standard of offences which would normally result in a whole life order in a case within subsection (3A).

4

A minimum term order is an order that the early release provisions (see section 324) are to apply to the offender as soon as the offender has served the part of the sentence which is specified in the order in accordance with section 322 or 323 (“the minimum term”).

5

A whole life order is an order that the early release provisions are not to apply to the offender.

I3C1322Mandatory life sentences: further provision

1

This section applies where a court passes a life sentence for an offence the sentence for which is fixed by law.

2Minimum term

If the court makes a minimum term order, the minimum term must be such part of the offender's sentence as the court considers appropriate taking into account—

a

the seriousness of—

i

the offence, or

ii

the combination of the offence and any one or more offences associated with it, and

b

the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

i

section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

ii

and section 240A of that Act (crediting periods on bail subject to certain restrictions);

including the effect of any declaration that the court would have made under section 325 or 327 (specifying periods of remand on bail subject to certain restrictions or in custody pending extradition).

3Determination of seriousness

In considering the seriousness of the offence, or of the combination of the offence and one or more offences associated with it, under—

a

section 321(3) F5or (3C) (determining whether to make a whole life order), or

b

subsection (2) (determining the minimum term),

the court must have regard to—

i

the general principles set out in Schedule 21, and

ii

any sentencing guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule 21.

4Duty to give reasons for minimum term order or whole life order

Where the court makes a minimum term order or a whole life order, in complying with the duty under section 52(2) to state its reasons for deciding on the order made, the court must in particular—

a

state which of the starting points in Schedule 21 it has chosen and its reasons for doing so, and

b

state its reasons for any departure from that starting point.

I2C1323Minimum term order: other life sentences

1

This section applies where a court—

a

passes a life sentence in circumstances in which the sentence is not fixed by law, and

b

makes a minimum term order.

F11A

The starting point, in determining the minimum term, is the relevant portion of the notional determinate sentence.

1B

The “notional determinate sentence”, in relation to a life sentence, is the custodial sentence that the court would have imposed if the court had not imposed the life sentence.

1C

The “relevant portion” of the notional determinate sentence is—

a

where that sentence is within section 247A(2A) of the Criminal Justice Act 2003 (terrorist prisoners not entitled to early release), the term that the court would have determined as the appropriate custodial term (within the meaning given by subsection (8) of that section);

b

where that sentence is a sentence under section 252A, 254, 265, 266, 278 or 279 (and is not within paragraph (a)), two-thirds of the term that the court would have determined as the appropriate custodial term under that section;

c

where that sentence is any other custodial sentence, two-thirds of the term of the sentence.

2

F2The minimum term must be the starting point adjusted as the court considers appropriate, taking into account—

a

the seriousness of—

i

the offence, or

ii

the combination of the offence and one or more offences associated with it,

b

F3... and

c

the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

i

section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

ii

section 240A of that Act (crediting periods of remand on bail subject to certain restrictions);

including the effect of any declaration which the court would have made under section 325 or 327 (specifying periods of remand on bail subject to certain restrictions or in custody pending extradition).

F63

Subsection (2) is subject to the requirement that the minimum term in a serious terrorism case must be at least 14 years.

This is subject to subsections (5) and (6).

4

A “serious terrorism case” is a case where, but for the fact that the court passes a life sentence, the court would be required by section 268B(2) or 282B(2) to impose a serious terrorism sentence (assuming for this purpose that the court is not of the opinion mentioned in section 268B(2) or 282B(2)).

5

The minimum term may be less than 14 years if the court is of the opinion that there are exceptional circumstances which—

a

relate to the offence or to the offender, and

b

justify a lesser period.

6

The minimum term may be less than 14 years if the court considers it appropriate, taking into account—

a

the matters mentioned in subsection (2)(c), and

b

the effect that the following would, if the court had sentenced the offender under section 268B(2) or 282B(2), have had in relation to the appropriate custodial term for that sentence—

i

section 73 (reductions for guilty pleas), and

ii

section 74 (reductions for assistance to the prosecution).

I1C1324Life sentences: interpretation

In this Chapter—

  • “the early release provisions” means section 28(5) to (8) of the Crime (Sentences) Act 1997;

  • “life sentence” means—

    1. a

      a sentence of imprisonment for life,

    2. b

      a sentence of detention for life or during Her Majesty's pleasure (see sections 250 and 259), or

    3. c

      a sentence of custody for life (see sections 272 and 275);

  • “minimum term order” and “minimum term” have the meanings given by section 321(4);

  • “whole life order” has the meaning given by section 321(5).