(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)[F1the 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.
[F2(3A)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.
Textual Amendments
F1Words in s. 321(3)(a) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 126(2)(a), 208(5)(l)
F2S. 321(3A)-(3C) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 126(2)(b), 208(5)(l)
Modifications etc. (not altering text)
C1Ss. 321-324 modified by 2006 c. 52, s. 261A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 60 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2) (as amended (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(2), 208(1); S.I. 2022/520, reg. 5(l))
Commencement Information
I1S. 321 in force at 1.12.2020 by S.I. 2020/1236, reg. 2