Sentencing Act 2020

Life imprisonment

85 (1) Section 323 (minimum term order: other life sentences) is amended as follows.

(2) In subsection (2), at the end insert—

“This is subject to subsection (2A).”

(3) After subsection (2) insert—

“(2A) In taking account of the effect of the comparison required by subsection (2)(b) on the period which the court determines for the purposes of subsection (2)(a) (and before giving effect to subsection (2)(c)), the court may, instead of reducing that period by one-half, reduce it by such lesser amount as—

(a) in Case A, it considers appropriate according to the seriousness of the offence (and may be nil), or

(b) in Case B, it considers appropriate in the circumstances (but may not be less than one-third).”

(2B) Case A is where the offender was aged 18 or over when the offence was committed and the court is of the opinion that the seriousness of the offence, or of the combination of the offence and one or more associated offences—

(a) is exceptional (but not such that the court proposes to make a whole life order), and

(b) would not be adequately reflected by the minimum term which the court would otherwise specify under subsection (2).

(2C) Case B is where the court is of the opinion that the minimum term which it would otherwise specify under subsection (2) would have little or no effect on time spent in custody, taking into account all the circumstances of the particular offender.”