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 F1(unless sub-paragraph (iii) applies);

ii

8 years in the case of a specified sexual offence or a specified terrorism offence F4(unless sub-paragraph (iii) applies);

F3iii

10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 16 of the Counter-Terrorism and Sentencing Act 2021 comes into force.

See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” F2and “specified terrorism offence”F2, “specified terrorism offence” and “serious 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.