Powers of Criminal Courts (Sentencing) Act 2000

[F1 Life sentences] E+W

Textual Amendments

F1 S. 82A and cross-heading inserted (30.11.2000) by 2000 c. 43, ss. 60(1), 80(3)

[F2 82A Determination of tariffs. E+W

(1) This section applies if a court passes a life sentence in circumstances where—

(a) the sentence is not fixed by law; or

(b) the offender was aged under 18 when he committed the offence.

(2) The court shall, unless it makes an order under subsection (4) below, order that the provisions of section 28(5) to (8) of the M1 Crime (Sentences) Act 1997 (referred to in this section as the “early release provisions”) shall apply to the offender as soon as he has served the part of his sentence which is specified in the order.

(3) The part of his sentence shall be such as the court considers appropriate taking into account—

(a) the seriousness of the offence, or of the combination of the offence and one or more offences associated with it;

(b) the effect of any direction which it would have given under section 87 below (crediting periods of remand in custody) if it had sentenced him to a term of imprisonment; and

(c) the early release provisions as compared with sections 33(2) and 35(1) of the M2 Criminal Justice Act 1991.

(4) If the court is of the opinion that, because of the seriousness of the offence or of the combination of the offence and one or more offences associated with it, no order should be made under subsection (2) above, the court shall order that, subject to subsection (5) below, the early release provisions shall not apply to the offender.

(5) If, in a case where an order under subsection (4) above is in force, the offender was aged under 18 when he committed the offence, the Secretary of State shall at the appropriate stage direct that the early release provisions shall apply to the offender as soon as he has served the part of his sentence which is specified in the direction.

(6) The appropriate stage, for the purposes of subsection (5) above, is when the Secretary of State has formed the opinion, having regard to any factors determined by him to be relevant for the purpose, that it is appropriate for him to give the direction.

(7) In this section—

• “court” includes a court-martial;

• “life sentence” has the same meaning as in Chapter II of Part II of the M3 Crime (Sentences) Act 1997.

(8) So far as this section relates to sentences passed by a court-martial, section 167(1) below does not apply.]

Textual Amendments

F2 S. 82A and cross-heading inserted (30.11.2000) by 2000 c. 43, ss. 60(1), 80(3)

Modifications etc. (not altering text)

C1 S. 82A modified (30.11.2000) by 2000 c. 43, ss. 60(4), 80(3)

Marginal Citations

M1 1997 c. 43.

M2 1991 c. 53.

M3 1997 c. 43.