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PART XIU.K. Sentencing

Imprisonment, etc.E+W+S

204 Restrictions on passing sentence of imprisonment or detention.S

(1)A court shall not pass a sentence of imprisonment or of detention in respect of any offence, nor impose imprisonment, or detention, under section 214(2) of this Act in respect of failure to pay a fine, on an accused who is not legally represented in that court and has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom [F1or in another member State of the European Union], unless the accused either—

(a)applied for legal aid and the application was refused on the ground that he was not financially eligible; or

(b)having been informed of his right to apply for legal aid, and having had the opportunity, failed to do so.

(2)A court shall not pass a sentence of imprisonment on a person of or over twenty-one years of age who has not been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom [F1or in another member State of the European Union] unless the court considers that no other method of dealing with him is appropriate; F2. . ..

[F3(2A)For the purpose of determining under subsection (2) above whether any other method of dealing with such a person is appropriate, the court [F4, unless it has made a risk assessment order in respect of the person,] shall take into account—

(a)such information as it has been able to obtain from an officer of a local authority or otherwise about his circumstances;

(b)any information before it concerning his character and mental and physical condition;

(c)its power to make a hospital direction in addition to imposing a sentence of imprisonment.]

(3)Where a court of summary jurisdiction passes a sentence of imprisonment on any such person as is mentioned in subsection (2) above, the court shall state the reason for its opinion that no other method of dealing with him is appropriate, and shall have that reason entered in the record of the proceedings.

[F5(3A)A court must not pass a sentence of imprisonment for a term of 3 months or less on a person unless the court considers that no other method of dealing with the person is appropriate.

(3B)Where a court passes such a sentence, the court must—

(a)state its reasons for the opinion that no other method of dealing with the person is appropriate, and

(b)have those reasons entered in the record of the proceedings.

(3C)The Scottish Ministers may by order made by statutory instrument substitute for the number of months for the time being specified in subsection (3A) another number of months.

(3D)An order under subsection (3C) is not to be made unless a draft of the statutory instrument containing the order has been laid before and approved by resolution of the Scottish Parliament.]

[F6(3E)A modification of the number of months specified in subsection (3A), by an order made under subsection (3C), applies only to offences committed on or after the date on which the modification comes into force.]

(4)The court shall, for the purpose of determining whether a person has been previously sentenced to imprisonment or detention by a court in any part of the United Kingdom—

(a)disregard a previous sentence of imprisonment which, having been suspended, has not taken effect under section 23 of the M1Powers of Criminal Courts Act 1973 or under section 19 of the M2Treatment of Offenders Act (Northern Ireland) 1968;

(b)construe detention as meaning —

(i)in relation to Scotland, detention in a young offenders institution or detention centre;

(ii)in relation to England and Wales a sentence of youth custody, borstal training or detention in a young offender institution or detention centre; and

(iii)in relation to Northern Ireland, detention in a young offenders centre.

[F7(4A)The court shall, for the purpose of determining whether a person has been previously sentenced to imprisonment or detention by a court in a member State of the European Union other than the United Kingdom—

(a)disregard any previous sentence of imprisonment which, being the equivalent of a suspended sentence, has not taken effect;

(b)construe detention as meaning an equivalent sentence to any of those mentioned in subsection (4)(b).

(4B)Any issue of equivalence arising in pursuance of subsection (4A) is for the court to determine.]

(5)This section does not affect the power of a court to pass sentence on any person for an offence the sentence for which is fixed by law.

(6)In this section—

Textual Amendments

F1Words in s. 204(1)(2) inserted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 5(a); S.S.I. 2010/413, art. 2, Sch.

F2Words in s. 204(2) repealed (1.8.1997) by 1997 c. 48, s. 62(2), Sch. 3; S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5) and expressed to be repealed (1.1.1998) by 1997 c. 48, s. 6(3)(a); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

F3S. 204(2A) inserted (1.1.1998) by 1997 c. 48, s. 6(3)(b); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

F4Words in s. 204(2A) inserted (19.6.2006 for certain purposes and otherwise prosp.) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 1(2), 89, Sch. 1 para. 2(6); S.S.I. 2006/332, art. 2

F5S. 204(3A)-(3D) inserted (1.2.2011for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 17, 206(1); S.S.I. 2010/413, art. 2, Sch.

F7S. 204(4A)(4B) inserted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 5(b); S.S.I. 2010/413, art. 2, Sch.

Marginal Citations

M21968 c.29. (N.I.)

[F8204A Restriction on consecutive sentences for released prisoners.S

A court sentencing a person to imprisonment or other detention shall not order or direct that the term of imprisonment or detention shall commence on the expiration of any other such sentence from which he has been released at any time under the existing or new provisions within the meaning of Schedule 6 to the M3Prisoners and Criminal Proceedings (Scotland) Act 1993.]

Textual Amendments

F8S. 204A inserted (30.9.1998) by 1998 c. 37, s. 112; S.I. 1998/2327, art. 2(1)(x)

Marginal Citations

[F9204BConsecutive sentences: life prisoners etc.S

(1)This section applies in respect of sentencing for offences committed after the coming into force of this section.

(2)Where, in solemn proceedings, the court sentences a person to imprisonment or other detention, the court may—

(a)if the person is serving or is liable to serve the punishment part of a previous sentence, frame the sentence to take effect on the day after that part of that sentence is or would be due to expire; or

(b)if the person is serving or is liable to serve the punishment parts of two or more previous sentences, frame the sentence to take effect on the day after the later or (as the case may be) latest expiring of those parts is or would be due to expire.

(3)Where, in such proceedings, it falls to the court to sentence a person who is subject to a previous sentence in respect of which a punishment part requires to be (but has not been) specified, the court shall not sentence the person until such time as the part is either specified or no longer requires to be specified.

(4)Where the court sentences a person to a sentence of imprisonment or other detention for life, for an indeterminate period or without limit of time, the court may, if the person is serving or is liable to serve for any offence—

(a)a previous sentence of imprisonment or other detention the term of which is not treated as part of a single term under section 27(5) of the 1993 Act; or

(b)two or more previous sentences of imprisonment or other detention the terms of which are treated as a single term under that section of that Act,

frame the sentence to take effect on the day after the person would (but for the sentence so framed and disregarding any subsequent sentence) be entitled to be released under the provisions referred to in section 204A of this Act as respects the sentence or sentences.

(5)Subsection (4)(a) above shall not apply where the sentence is a sentence from which he has been released at any time under the provisions referred to in section 204A of this Act.

(6)In this section, any reference to a punishment part of a sentence shall be construed by reference to—

(a)the punishment part of the sentence as is specified in an order mentioned in section 2(2) of the 1993 Act; or

(b)any part of the sentence which has effect, by virtue of section 10 of the 1993 Act or the schedule to the Convention Rights (Compliance)(Scotland) Act 2001 (asp 7), as if it were the punishment part so specified,

and “ the 1993 Act ” means the Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9).

(7)This section is without prejudice to any other power under any enactment or rule of law as respects sentencing.]

Textual Amendments

205 Punishment for murder.S

(1)Subject to subsections (2) and (3) [F10and section 205D]below, a person convicted of murder shall be sentenced to imprisonment for life.

(2)Where a person convicted of murder is under the age of 18 years he shall not be sentenced to imprisonment for life but to be detained without limit of time and shall be liable to be detained in such place, and under such conditions, as the Secretary of State may direct.

(3)Where a person convicted of murder has attained the age of 18 years but is under the age of 21 years he shall not be sentenced to imprisonment for life but to be detained in a young offenders institution and shall be liable to be detained for life.

F11(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10Words in s. 205(1) inserted (17.12.2001) by 2001 asp 7, s. 2(1)(a); S.S.I. 2001/456, art. 2

F11S. 205(4)-(6) repealed (17.12.2001) by 2001 asp 7, s. 2(1)(b); S.S.I. 2001/456 art. 2

[F12205B Minimum sentence for third conviction of certain offences relating to drug trafficking.S

(1)This section applies where—

(a)a person is convicted on indictment in the High Court of a class A drug trafficking offence committed after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

(b)at the time when that offence was committed, he had attained the age of at least 18 years and had [F13two previous convictions for relevant offences], irrespective of—

(i)whether either of those offences was committed before or after the commencement of section 2 of the Crime and Punishment (Scotland) Act 1997;

(ii)the court in which any such conviction was obtained; and

(iii)his age at the time of the commission of either of those offences; and

(c)one of the offences mentioned in paragraph (b) above was committed after he had been convicted of the other.

[F14(1A) In subsection (1), “ relevant offence ” means—

(a)in relation to a conviction by a court in any part of the United Kingdom, a class A drug trafficking offence;

(b)in relation to a conviction by a court in a member State of the European Union other than the United Kingdom, an offence that is equivalent to a class A drug trafficking offence.

(1B)Any issue of equivalence arising in pursuance of subsection (1A)(b) is for the court to determine.]

(2)Subject to subsection (3) below, where this section applies the court shall sentence the person—

(a)where he has attained the age of 21 years, to a term of imprisonment of at least seven years; and

(b)where he has attained the age of 18 years but is under the age of 21 years, to detention in a young offenders institution for a period of at least seven years.

(3)The court shall not impose the sentence otherwise required by subsection (2) above where it is of the opinion that there are specific circumstances which—

(a)relate to any of the offences or to the offender; and

(b)would make that sentence unjust.

(4)For the purposes of section 106(2) of this Act a sentence passed under subsection (2) above in respect of a conviction for a class A drug trafficking offence shall not be regarded as a sentence fixed by law for that offence.

(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—

Textual Amendments

F12S. 205B inserted (20.10.1997) by 1997 c. 48, s. 2(1); S.I. 1997/2323, art. 3, Sch. 1

F13Words in s. 205B(1)(b) substituted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 6(a); S.S.I. 2010/413, art. 2, Sch.

F14S. 205B(1A)(1B) inserted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 71(1), 206(1), Sch. 4 para. 6(b); S.S.I. 2010/413, art. 2, Sch.

F15In s. 205B(5) definition of "drug trafficking offence" substituted (24.3.2003) by Proceeds of Crime Act 2002 (c. 29), ss. 456, 458, Sch. 11 para. 29(3); S.S.I. 2003/210, art. 2, Sch. (subject to arts. 3-7)

Marginal Citations

[F16205C Meaning of “conviction” for purposes of sections 205A and 205B.S

(1) For the purposes of paragraph (b) of subsection (1) of each of sections 205A and 205B of this Act “ conviction ” includes—

(a)a finding of guilt in respect of which the offender was admonished under section 181 of the M5Criminal Procedure (Scotland) Act 1975 (admonition); and

(b)a conviction for which an order is made placing the offender on probation,

and related expressions shall be construed accordingly.

(2)This subsection applies where a person has at any time been convicted of an offence under—

(a)section 70 of the M6Army Act 1955;

(b)section 70 of the M7Air Force Act 1955; or

(c)section 42 of the M8Naval Discipline Act 1957.

(3)Where subsection (2) above applies and the corresponding civil offence (within the meaning of the Act under which the offence was committed) was—

(a)a relevant offence within the meaning of section 205A of this Act; or

(b)a Class A drug trafficking offence within the meaning of section 205B of this Act,

that section shall have effect as if he had been convicted in England and Wales of the corresponding civil offence.]

Textual Amendments

F16S. 205C inserted (20.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 48, ss. 3, 65(2); S.I. 1997/2323, art. 3, Sch. 1

Marginal Citations

[F17205D Only one sentence of imprisonment for life to be imposed in any proceedingsS

Where a person is convicted on the same indictment of more than one offence for which the court must impose or would, apart from this section, have imposed a sentence of imprisonment for life, only one such sentence shall be imposed in respect of those offences.]

Textual Amendments

F17S. 205D inserted (8.10.2001) by 2001 asp 7, s. 2(2); S.S.I. 2001/274, art. 3(3)

206 Minimum periods of imprisonment.S

(1)No person shall be sentenced to imprisonment by a court of summary jurisdiction for a period of less than [F1815] days.

(2)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)F19. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18Word in s. 206(1) substituted (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 16(3)(a), 206(1); S.S.I. 2010/413, art. 2, Sch.

F19S. 206(2)-(6) repealed (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 16(3)(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

207 Detention of young offenders.S

(1)It shall not be competent to impose imprisonment on a person under 21 years of age.

(2)Subject to [F20sections 205(2) and (3), 205A(2)(b) and 205B(2)(b)] of this Act and to subsections (3) and (4) below, a court may impose detention (whether by way of sentence or otherwise) on a person, who is not less than 16 but under 21 years of age, where but for subsection (1) above the court would have power to impose a period of imprisonment; and a period of detention imposed under this section on any person shall not [F21be less than the minimum nor more than]the maximum period of imprisonment which might otherwise have been imposed.

(3)The court shall not under subsection (2) above impose detention on an offender unless it is of the opinion that no other method of dealing with him is appropriate; and the court shall state its reasons for that opinion, and, except in the case of the High Court, those reasons shall be entered in the record of proceedings.

[F22(3A)Subsections (2) and (3) above are subject to—

(a)section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and

(b)section 29(8) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).]

(4)To enable the court to form an opinion under subsection (3) above, it shall obtain from an officer of a local authority or otherwise such information as it can about the offender’s circumstances; and it shall also take into account any information before it concerning the offender’s character and physical and mental condition.

[F23(4A)In forming an opinion under subsection (3) above the court shall take into account its power to make a hospital direction in addition to imposing a period of detention.]

[F24(4B)Subsections (4) and (4A) above apply to the forming of an opinion under the enactments mentioned in subsection (3A) above as they apply to the forming of an opinion under subsection (3) above.]

(5)A sentence of detention imposed under this section shall be a sentence of detention in a young offenders institution.

Textual Amendments

F20Words in s. 207(2) substituted (20.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 48, ss. 62(1), 65(2), Sch. 1 para. 21(25)(a); S.I. 1997/2323, art. 3, Sch. 1

F21Words in s. 207(2) substituted (20.10.1997 for specified purposes and otherwise prosp.) by 1997 c. 48, ss. 62(1), 65(2), Sch. 1 para. 21(25)(b); S.I. 1997/2323, art. 3, Sch. 1

F23S. 207(4A) inserted (1.1.1998) by 1997 c. 48, s. 6(4); S.I. 1997/2323, art. 4, Sch. 2 (subject to art. 7)

208 Detention of children convicted on indictment.S

[F25(1)]Subject to section 205 of this Act [F26and subsection (3) below] , where a child is convicted on indictment and the court is of the opinion that no other method of dealing with him is appropriate, it may sentence him to be detained for a period which it shall specify in the sentence; and the child shall during that period be liable to be detained in such place and on such conditions as the Secretary of State may direct.

[F27(1A)Where the court imposes a sentence of detention on a child, the court must—

(a)state its reasons for the opinion that no other method of dealing with the child is appropriate, and

(b)have those reasons entered in the record of the proceedings.]

[F28(2)[F29Subsections (1) and (1A) above are] subject to—

(a)section 51A(2) of the Firearms Act 1968 (minimum sentences for certain firearms offences); and

(b)section 29(9) of the Violent Crime Reduction Act 2006 (minimum sentence of detention for certain offences relating to dangerous weapons).]

[F30(3)If the child is under the age of 16 years, the power conferred by subsection (1) above shall not be exercisable in respect of a conviction for an offence under section 9(1) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) or that section as applied by section 234AA(11) of this Act.]

Textual Amendments

F25S. 208 renumbered (22.1.2004) as s. 208(1) by Criminal Justice Act 2003 (c. 44), ss. 290(3), 336; S.I. 2004/81, art. 3

F27S. 208(1A) inserted (1.2.2011 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 21(2), 206(1); S.S.I. 2010/413, art. 2, Sch.

F29Words in s. 208(2) substituted (1.2.2011 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 21(3), 206(1); S.S.I. 2010/413, art. 2, Sch.

209 Supervised release orders.E+W+S

(1)Where a person is convicted [F31on indictment]of an offence [F31, other than a sexual offence within the meaning of section 210A of this Act,]and is sentenced to imprisonment for a term of F32. . . less than four years, the court on passing sentence may, if it considers that it is necessary to do so to protect the public from serious harm from the offender on his release, make such order as is mentioned in subsection (3) below.

(2)A court shall, before making an order under subsection (1) above, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.

(3)The order referred to in subsection (1) above (to be known as a “supervised release order”) is that the person, during a relevant period—

(a)be under the supervision F33. . . of a relevant officer of a local authority or of [F34an officer of a local probation board] appointed for or assigned to a petty sessions area [F35or (as the case may be) an officer of a provider of probation services acting in a local justice area](such local authority or the justices for such area to be designated under section 14(4) or 15(1) of the M9Prisoners and Criminal Proceedings (Scotland) Act 1993);

(b)comply with;

(i)such requirements as may be imposed by the court in the order; and

(ii)such requirements as that officer may reasonably specify,

for the purpose of securing the good conduct of the person or preventing, or lessening the possibility of, his committing a further offence (whether or not an offence of the kind for which he was sentenced); and

(c)comply with the standard requirements imposed by virtue of subsection (4)(a)(i) below.

(4)A supervised release order—

(a)shall—

(i)without prejudice to subsection (3)(b) above, contain such requirements (in this section referred to as the “standard requirements”); and

(ii)be as nearly as possible in such form,

as may be prescribed by Act of Adjournal;

(b)for the purposes of any appeal or review constitutes part of the sentence of the person in respect of whom the order is made; and

(c)shall have no effect during any period in which the person is subject to a licence under Part I of the said Act of 1993.

(5)Before making a supervised release order as respects a person the court shall explain to him, in as straightforward a way as is practicable, the effect of the order and the possible consequences for him of any breach of it.

(6)The clerk of the court by which a supervised release order is made in respect of a person shall—

(a)forthwith send a copy of the order to the person and to the Secretary of State; and

(b)within seven days after the date on which the order is made, send to the Secretary of State such documents and information relating to the case and to the person as are likely to be of assistance to a supervising officer.

(7)In this section—

[F38(7A)Where a person—

(a)is serving a sentence of imprisonment and on his release from that sentence will be subject to a supervised release order; and

(b)is sentenced to a further term of imprisonment, whether that term is to run consecutively or concurrently with the sentence mentioned in paragraph (a) above,

the relevant period for any supervised release order made in relation to him shall begin on the date when he is released from those terms of imprisonment; and where there is more than one such order he shall on his release be subject to whichever of them is for the longer or, as the case may be, the longest period.]

(8)This section applies to a person sentenced under section 207 of this Act as it applies to a person sentenced to a period of imprisonment.

Extent Information

E1S. 209(3)and(7) extend to G.B., see s. 309(4)

Textual Amendments

F31Words in s. 209(1) inserted (30.9.1998) by 1998 c. 37, s. 86(2)(a)(b); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)

F32Words in s. 209(1) repealed (30.9.1998) by 1998 c. 37, ss. 86(2)(c), 120(2), Sch. 10; S.I. 1998/2327, art. 2(1)(s)(aa)(3)(w) (subject to arts. 5-8)

F34Words in s. 209(3)(a) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 4(1)(a)(2); S.I. 2001/919, art. 2(f)(ii)

F36Words in s. 209(7) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 para. 121; S.I. 2001/919, art. 2(f)(ii)

F38S. 209(7A) inserted (1.4.1999) by 1997 c. 48, s. 62(1), Sch. 1 para. 21(26)S.I. 1999/652, art. 2, Sch. (subject to savings and transitional provisions in art. 3)

Marginal Citations

210 Consideration of time spent in custody.S

(1)A court, in passing a sentence of imprisonment or detention on a person for an offence, shall—

(a)in determining the period of imprisonment or detention, have regard to any period of time spent in custody by the person on remand awaiting trial or sentence, or spent in custody awaiting extradition to the United Kingdom [F39otherwise than from a category 1 territory] [F40, or spent in hospital awaiting trial or sentence by virtue [F41of an assessment order, a treatment order or an interim compulsion order or by virtue] of an order made under section F42. . . 200 of this Act];

(b)specify the date of commencement of the sentence; and

(c)if the person—

(i)has spent a period of time in custody on remand awaiting trial or sentence; or

(ii)is an extradited prisoner [F43who was extradited to the United Kingdom otherwise than from a category 1 territory], [F44; or

(iii)has spent a period of time in hospital awaiting trial or sentence by virtue [F45of an assessment order, a treatment order or an interim compulsion order or by virtue] of an order made under section F42. . . 200 of this Act,]

and the date specified under paragraph (b) above is not earlier than the date on which sentence was passed, state its reasons for not specifying an earlier date [F46so however that a period of time spent both in custody on remand and, by virtue of section 47(1) of the Crime (International Co-operation) Act 2003 [F47or regulation 20 or 54 of the Criminal Justice (European Investigation Order) Regulations 2017], abroad is not for any reason to be discounted in a determination under paragraph (a) above or specification under paragraph (b) above].

[F48(1A)Subsection (1B) applies where—

(a)a court is passing a sentence of imprisonment or detention on a person for an offence, and

(b)the person is an extradited prisoner who was extradited to the United Kingdom from a category 1 territory.

(1B)The court shall specify—

(a)the period of time spent in custody awaiting extradition, and

(b)the date of commencement of the sentence in accordance with subsection (1C).

(1C)The date of commencement of the sentence is to be a date the relevant number of days earlier than the date the sentence would have commenced had the person not spent time in custody awaiting extradition.

(1D)In subsection (1C), “the relevant number of days” means the number of days in the period specified under subsection (1B)(a).]

(2)A prisoner is an extradited prisoner for the purposes of this section if—

(a)he was tried for the offence in respect of which his sentence of imprisonment was imposed—

(i)after having been extradited to the United Kingdom; and

(ii)without having first been restored to the state from which he was extradited or having had an opportunity of leaving the United Kingdom; and

(b)he was for any period in custody while awaiting such extradition.

[F49(2A)In this section, “category 1 territory” means a territory designated under the Extradition Act 2003 for the purposes of Part 1 of that Act.]

F50(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F40Words in s. 210(1) inserted (1.8.1997) by 1997 c. 48, s. 12(a); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

F41Words in s. 210(1)(a) inserted (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 331(1),333(2)-(4), {Sch. 4 para. 8(14)(a)}; S.S.I. 2005/161, art. 3

F44S. 210(1)(c)(iii) and the preceding word ";or" inserted (1.8.1997) by 1997 c. 48, s. 12(b); S.I. 1997/1712, art. 3, Sch. (subject to arts. 4, 5)

[F51210A Extended sentences for [F52sex, violent and terrorist offenders].S

(1)Where a person is convicted on indictment of a sexual [F53, violent or terrorism] offence, the court may, if it—

(a)intends, in relation to—

(i)a sexual offence, to pass a determinate sentence of imprisonment; or

(ii)a violent [F54or terrorism] offence, to pass such a sentence for a term of four years or more; and

(b)considers that the period (if any) for which the offender would, apart from this section, be subject to a licence would not be adequate for the purpose of protecting the public from serious harm from the offender,

pass an extended sentence on the offender.

(2)An extended sentence is a sentence of imprisonment which is the aggregate of—

(a) the term of imprisonment (“ the custodial term ”) which the court would have passed on the offender otherwise than by virtue of this section; and

(b) a further period (“ the extension period ”) for which the offender is to be subject to a licence and which is, subject to the provisions of this section, of such length as the court considers necessary for the purpose mentioned in subsection (1)(b) above.

(3)The extension period shall not exceed, in the case of—

(a)a sexual offence, ten years; F55...

(b)a violent offence, [F56ten] years[F57, and

(c)a terrorism offence, ten years.]

(4)A court shall, before passing an extended sentence, consider a report by a relevant officer of a local authority about the offender and his circumstances and, if the court thinks it necessary, hear that officer.

(5)The term of an extended sentence passed for a statutory offence shall not exceed the maximum term of imprisonment provided for in the statute in respect of that offence.

(6)Subject to subsection (5) above, a sheriff may pass an extended sentence which is the aggregate of a custodial term not exceeding the maximum term of imprisonment which he may impose and an extension period not exceeding [F58five years].

(7)The Secretary of State may by order—

(a)amend paragraph (b) of subsection (3) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph; and

(b)make such transitional provision as appears to him to be necessary or expedient in connection with the amendment.

(8)The power to make an order under subsection (7) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

(9)An extended sentence shall not be imposed where the sexual or violent offence was committed before the commencement of section 86 of the Crime and Disorder Act 1998.

(10)For the purposes of this section—

[F73(11)In subsection (10)

(a) any reference to a “ sexual offence ” includes?

(i)a reference to any attempt, conspiracy or incitement to commit that offence; and

(ii)except in the case of an offence under paragraphs (i) to (viii) of the definition of “sexual offence” in that subsection, a reference to aiding and abetting, counselling or procuring the commission of that offence;

(b)the references to “rape” in paragraphs (iii) and (iv) of the definition of “sexual offence” are to the offence of rape at common law; and

(c)the references to “the statutory offence of rape” in paragraphs (iiia) and (iva) of that definition are (as the case may be) to?

(i)the offence of rape under section 1 of the Sexual Offences (Scotland) Act 2009, or

(ii)the offence of rape of a young child under section 18 of that Act.]

[F74(12)An extended sentence may be passed by reference to paragraph (xxviii) only if the offender is or is to become, by virtue of Schedule 3 to the Sexual Offences Act 2003 (c.42), subject to the notification requirements of Part 2 of that Act.]]

Textual Amendments

F51S. 210A inserted (30.9.1998) by 1998 c. 37, s. 86(1); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)

F52Words in s. 210A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(2), 27(3) (with s. 25(3))

F53Words in s. 210A(1) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(3)(a), 27(3) (with s. 25(3))

F54Words in s. 210A(1)(a)(ii) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(3)(b), 27(3) (with s. 25(3))

F55Word in s. 210A(3)(a) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(4)(a), 27(3) (with s. 25(3))

F57S. 210A(3)(c) and word inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(4)(b), 27(3) (with s. 25(3))

F58Words in s. 210A(6) substituted (4.10.2004) by Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5), ss. 21, 27(1); S.S.I. 2004/405, art. 2, Sch. 1 (subject to savings in arts. 3-5)

F63S. 210A: word “and”immediately preceding s. 210A(10) para. (xix) omitted (8.1.2001) by virtue of 2000 c. 44, s. 6(2); S.S.I. 2000/452, art. 2(f)

F64Word in s. 210A(10) in definition of "sexual offence" omitted (5.10.2005) by virtue of Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 312(a), 333(2)-(4); S.S.I. 2005/161, art. 3

F65S. 210A(xx) and the preceding “and”inserted (8.1.2001) by 2000 c. 44, s. 6(2); S.S.I. 2000/452, art. 2(f)

F67Words in s. 210A(10) in definition of "sexual offence" added (5.10.2005) by Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13), ss. 312(b), 333(2)-(4); S.S.I. 2005/161, art. 3

F70S. 210A(10): words in the definition of "sexual offence" added (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 23(a), 206(1); S.S.I. 2010/413, art. 2, Sch.

F71Word in s. 210A(10) omitted (12.4.2019) by virtue of Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(5)(a), 27(3) (with s. 25(3))

F72Words in s. 210A(10) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 10(5)(b), 27(3) (with s. 25(3))

F74S. 210A(12) added (13.12.2010 for all purposes in respect of offences committed on or after this date) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 23(b), 206(1); S.S.I. 2010/413, art. 2, Sch.

Modifications etc. (not altering text)

Marginal Citations

[F75210AAExtended sentences for certain other offendersS

Where a person is convicted on indictment of abduction but the offence is other than is mentioned in paragraph (iii) of the definition of “sexual offence” in subsection (10) of section 210A of this Act, that section shall apply in relation to the person as it applies in relation to a person so convicted of a violent offence.]

Textual Amendments