Sentencing Act 2020

281 Term of extended sentence of imprisonment

(1) This section applies where the court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279.

(2) The appropriate custodial term is the term of imprisonment 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 of imprisonment.

(3) 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).

(4) 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”.

(5) The term of the extended sentence of imprisonment must not exceed the maximum term of imprisonment with which the offence is punishable.