THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 2Offenders aged under 18
Extended sentences
I1256Term of extended sentence of detention under section 254
1
This section applies where a court is determining—
a
the appropriate custodial term, and
b
the extension period,
of an extended sentence of detention under section 254 to be imposed on an offender in respect of an offence.
C12
The appropriate custodial term is the term of detention that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence.
C13
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.
This is subject to subsections (4) and (5).
C14
The extension period must—
a
be at least 1 year, and
b
not exceed—
i
5 years in the case of a specified violent offence;
ii
8 years in the case of a specified sexual offence or a specified terrorism offence.
See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” and “specified terrorism offence”.
C15
The term of the extended sentence of detention under section 254 must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.