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- Point in Time (30/09/1998)
- Original (As enacted)
Version Superseded: 25/08/2000
Point in time view as at 30/09/1998. This version of this part contains provisions that are not valid for this point in time.
Crime (Sentences) Act 1997, Part I is up to date with all changes known to be in force on or before 10 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Textual Amendments
F1S. 1 repealed (30.9.1998) by 1998 c. 37, ss. 106, 120(2), Sch. 7 para. 47, Sch.10; S.I. 1998/2327, art. 2(1)(w)(3)(x).
(1)This section applies where—
(a)a person is convicted of a serious offence committed after the commencement of this section; and
(b)at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of another serious offence.
(2)The court shall impose a life sentence, that is to say—
(a)where the person is 21 or over, a sentence of imprisonment for life;
(b)where he is under 21, a sentence of custody for life under section 8(2) of the M1Criminal Justice Act 1982 (“the 1982 Act”),
unless the court is of the opinion that there are exceptional circumstances relating to either of the offences or to the offender which justify its not doing so.
(3)Where the court does not impose a life sentence, it shall state in open court that it is of that opinion and what the exceptional circumstances are.
(4)An offence the sentence for which is imposed under subsection (2) above shall not be regarded as an offence the sentence for which is fixed by law.
(5)An offence committed in England and Wales is a serious offence for the purposes of this section if it is any of the following, namely—
(a)an attempt to commit murder, a conspiracy to commit murder or an incitement to murder;
(b)an offence under section 4 of the Offences Against the M2Person Act 1861 (soliciting murder);
(c)manslaughter;
(d)an offence under section 18 of the Offences Against the Person Act 1861 (wounding, or causing grievous bodily harm, with intent);
(e)rape or an attempt to commit rape;
(f)an offence under section 5 of the M3Sexual Offences Act 1956 (intercourse with a girl under 13);
(g)an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of the M4Firearms Act 1968; and
(h)robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Act.
(6)An offence committed in Scotland is a serious offence for the purposes of this section if the conviction for it was obtained on indictment in the High Court of Justiciary and it is any of the following, namely—
(a)culpable homicide;
(b)attempted murder, incitement to commit murder or conspiracy to commit murder;
(c)rape or attempted rape;
(d)clandestine injury to women or an attempt to cause such injury;
(e)sodomy, or an attempt to commit sodomy, where the complainer, that is to say, the person against whom the offence was committed, did not consent;
(f)assault where the assault—
(i)is aggravated because it was carried out to the victim’s severe injury or the danger of the victim’s life; or
(ii)was carried out with an intention to rape or to ravish the victim;
(g)robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of the M5Firearms Act 1968;
(h)an offence under section 16 (possession of a firearm with intent to injure), section 17 (use of a firearm to resist arrest) or section 18 (carrying a firearm with criminal intent) of that Act;
(i)lewd, libidinous or indecent behaviour or practices; and
(j)an offence under section 5(1) of the M6Criminal Law (Consolidation) (Scotland) Act 1995 (unlawful intercourse with a girl under 13).
(7)An offence committed in Northern Ireland is a serious offence for the purposes of this section if it is any of the following, namely—
(a)an offence falling within any of paragraphs (a) to (e) of subsection (5) above;
(b)an offence under section 4 of the M7Criminal Law Amendment Act 1885 (intercourse with a girl under 14);
(c)an offence under Article 17 (possession of a firearm with intent to injure), Article 18(1) (use of a firearm to resist arrest) or Article 19 (carrying a firearm with criminal intent) of the M8Firearms (Northern Ireland) Order 1981; and
(d)robbery where, at some time during the commission of the offence, the offender had in his possession a firearm or imitation firearm within the meaning of that Order.
Marginal Citations
(1)This section applies where—
(a)a person is convicted of a class A drug trafficking offence committed after the commencement of this section;
(b)at the time when that offence was committed, he was 18 or over and had been convicted in any part of the United Kingdom of two other class A drug trafficking offences; and
(c)one of those other offences was committed after he had been convicted of the other.
(2)The court shall impose a custodial sentence for a term of at least seven years except where the court is of the opinion that there are [F2particular circumstances] which—
(a)relate to any of the offences or to the offender; and
(b)would make [F3it unjust to do so] in all the circumstances.
(3)Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the [F4particular circumstances] are.
(4)Where—
(a)a person is charged with a class A drug trafficking offence (which, apart from this subsection, would be triable either way); and
(b)the circumstances are such that, if he were convicted of the offence, he could be sentenced for it under subsection (2) above,
the offence shall be triable only on indictment.
(5)In this section “class A drug trafficking offence” means a drug trafficking offence committed in respect of a class A drug; and for this purpose—
“class A drug” has the same meaning as in the M9Misuse of Drugs Act 1971;
“drug trafficking offence” means a drug trafficking offence within the meaning of the M10Drug Trafficking Act 1994, the M11Proceeds of Crime (Scotland) Act 1995 or the M12Proceeds of Crime (Northern Ireland) Order 1996.
(6)In this section and section 4 below “custodial sentence” means—
(a)in relation to a person who is 21 or over, a sentence of imprisonment;
(b)in relation to a person who is under 21, a sentence of detention in a young offender institution.
Textual Amendments
F2Words in s. 3(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(1)(a); S.I. 1998/2327, art. 2(1)(w).
F3Words in s. 3(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(1)(b); S.I. 1998/2327, art. 2(1)(w).
F4Words in s. 3(3) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 48(2); S.I. 1998/2327, art. 2(1)(w).
Modifications etc. (not altering text)
C1S. 3(2) excluded (1.10.1997 for specified purposes and 1.12.1999 otherwise) by 1983 c. 20, s. 37(1A) (as inserted by 1997 c. 43, s. 55, Sch. 4 para. 12(2)); S.I. 1997/2200, art. 2(2)(f); S.I. 1999/3096, art. 2(e)
Commencement Information
I1S. 3 wholly in force at 1.12.1999; S. 3 not in force at Royal Assent, see s. 57(2); S. 3(1)-(5) (and (6) so far as relating to this section) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(c); s. 3 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(a)
Marginal Citations
Valid from 01/12/1999
(1)This section applies where—
(a)a person is convicted of a domestic burglary committed after the commencement of this section;
(b)at the time when that burglary was committed, he was 18 or over and had been convicted in England and Wales of two other domestic burglaries; and
(c)one of those other burglaries was committed after he had been convicted of the other, and both of them were committed after the commencement of this section.
(2)The court shall impose a custodial sentence for a term of at least three years except where the court is of the opinion that there are [F5particular circumstances] which—
(a)relate to any of the offences or to the offender; and
(b)would make [F6it unjust to do so] in all the circumstances.
(3)Where the court does not impose such a sentence, it shall state in open court that it is of that opinion and what the [F7particular circumstances] are.
(4)Where—
(a)a person is charged with a domestic burglary which, apart from this subsection, would be triable either way; and
(b)the circumstances are such that, if he were convicted of the burglary, he could be sentenced for it under subsection (2) above,
the burglary shall be triable only on indictment.
(5)In this section “domestic burglary” means a burglary committed in respect of a building or part of a building which is a dwelling.
Textual Amendments
F5Words in s. 4(2) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(1)(a); S.I. 1998/2327, art. 2(1)(w).
F6Words in s. 4(2)(b) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(1)(b); S.I. 1998/2327, art. 2(1)(w).
F7Words in s. 4(3) substituted (30.9.1998) by 1998 c. 37, s. 106, Sch. 7 para. 49(2); S.I. 1998/2327, art. 2(1)(w).
Modifications etc. (not altering text)
C2S. 4(2) excluded (1.10.1997 for specified purposes and 1.12.1999 otherwise) by 1983 c. 20, s. 37(1A) (as inserted by 1997 c. 43, s. 55, Sch. 4 para. 12(2)); S.I. 1997/2200, art. 2(2)(f); S.I. 1999/3096, art. 2(e)
(1)This section applies where—
(a)a sentence has been imposed on any person under subsection (2) of section 2, 3 or 4 above; and
(b)any previous conviction of his without which that section would not have applied has been subsequently set aside on appeal.
(2)Notwithstanding anything in section 18 of the M13Criminal Appeal Act 1968, notice of appeal against the sentence may be given at any time within 28 days from the date on which the previous conviction was set aside.
Commencement Information
I2S. wholly in force at 1.12.1999; S. 5 not in force at Royal Assent, see s. 57(2); S. 5 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2(1)(d) and in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(b)
Marginal Citations
(1)Where—
(a)on any date after the commencement of this section a person is convicted in England and Wales of a serious offence, a class A drug trafficking offence or a domestic burglary; and
(b)the court by or before which he is so convicted states in open court that he has been convicted of such an offence on that date; and
(c)that court subsequently certifies that fact,
the certificate shall be evidence, for the purposes of the relevant section, that he was convicted of such an offence on that date.
(2)Where—
(a)after the commencement of this section a person is convicted in England and Wales of a class A drug trafficking offence or a domestic burglary; and
(b)the court by or before which he is so convicted states in open court that the offence was committed on a particular day or over, or at some time during, a particular period; and
(c)that court subsequently certifies that fact,
the certificate shall be evidence, for the purposes of the relevant section, that the offence was committed on that day or over, or at some time during, that period.
(3)In this section—
“serious offence”, “class A drug trafficking offence” and “domestic burglary” have the same meanings as in sections 2, 3 and 4 respectively; and
“the relevant section”, in relation to any such offence, shall be construed accordingly.
Commencement Information
I3S. 6 wholly in force at 1.12.1999; s. 6 not in force at Royal Assent, see s. 57(2); s. 6 in force for specified purposes at 1.10.1997 by S.I. 1997/2200, art. 2(1)(e); s. 6 in force at 1.12.1999 to the extent not already in force by S.I. 1999/3096, art. 2(b)
(1)Where—
(a)a person has at any time been convicted of an offence under section 70 of the M14Army Act 1955 or the M15Air Force Act 1955 or section 42 of the M16Naval Discipline Act 1957; and
(b)the corresponding civil offence (within the meaning of that Act) was a serious offence, a class A drug trafficking offence or a domestic burglary,
the relevant section shall have effect as if he had at that time been convicted in England and Wales of the corresponding civil offence.
(2)Subsection (3) of section 6 above applies for the purposes of this section as it applies for the purposes of that section.
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