Part V CUSTODIAL SENTENCES ETC.

Chapter IGeneral provisions

F1 Life sentences

F2C182A Determination of tariffs.

(1)

This section applies if a court passes a life sentence in circumstances F3where the sentence is not fixed by law.

(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 M1Crime (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;

F4(b)

the effect that the following would have if the court had sentenced the offender to a term of imprisonment—

(i)

section 240ZA of the Criminal Justice Act 2003 (crediting periods of remand in custody);

(ii)

section 246 of the Armed Forces Act 2006 (equivalent provision for service courts);

(iii)

any direction which the court would have given under section 240A of the Criminal Justice Act 2003 (crediting periods of remand on bail subject to certain types of condition);

(c)

the early release provisions as compared with F5section 244(1) of the Criminal Justice Act 2003 .

(4)

If F6the offender was aged 21 or over when he committed the offence and 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, F7..., the early release provisions shall not apply to the offender.

F8(4A)

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F9(5)

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F9(6)

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(7)

In this section—

“court” includes F10the Court Martial;

F11“life sentence” means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection.

(8)

So far as this section relates to sentences passed by F12the Court Martial, section 167(1) below does not apply.