12(1)This paragraph applies where the offence was committed before 18 December 2003.E+W
(2)If the court makes a minimum term order, the minimum term must, in the opinion of the court, be no be greater than the period which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify to the offender as the minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence.
(3)The court may not make a whole life order unless it is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify the prisoner that the Secretary of State did not intend that the prisoner should ever be released on licence.
Commencement Information
I1Sch. 21 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2