1 Conditions relating to mandatory and minimum custodial sentences.E+W
(1)This section has effect for the purposes of setting out the basis on which the court shall carry out its sentencing functions under this Part.
(2)Under section 2 below, when determining whether it would be appropriate not to impose a life sentence the court shall have regard to the circumstances relating to either of the offences or to the offender.
(3)Under sections 3 and 4 below, when determining whether it would be appropriate not to impose a custodial sentence of at least seven years under section 3(2) or, as the case may be, of at least three years under section 4(2) the court shall have regard to the specific circumstances which—
(a)relate to any of the offences or to the offender; and
(b)would make the prescribed custodial sentence unjust in all the circumstances.
Commencement Information
I1S. 1 partly in force: S. 1 not in force at Royal Assent, see s. 57(2). S. 1(1)(2) (and (3) so far as relating to s. 3) in force at 1.10.1997 by S.I. 1997/2200, art. 2(1)(a), otherwise not in force.