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Powers of Criminal Courts (Sentencing) Act 2000
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Powers of Criminal Courts (Sentencing) Act 2000, Section 85 is up to date with all changes known to be in force on or before 25 December 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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Valid from 25/08/2000
85 Sexual or violent offences: extension of certain custodial sentences for licence purposes.E+W
(1)This section applies where a court—
(a)proposes to impose a custodial sentence for a sexual or violent offence committed on or after 30th September 1998; 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 preventing the commission by him of further offences and securing his rehabilitation.
(2)Subject to subsections (3) to (5) below, the court may pass on the offender an extended sentence, that is to say, a custodial sentence the term of which is equal to the aggregate of—
(a)the term of the custodial sentence that the court would have imposed if it had passed a custodial sentence otherwise than under this section (“the custodial term”); and
(b)a further period (“the extension period”) for which the offender is to be subject to a licence and which is of such length as the court considers necessary for the purpose mentioned in subsection (1) above.
(3)Where the offence is a violent offence, the court shall not pass an extended sentence the custodial term of which is less than four years.
(4)The extension period shall not exceed—
(a)ten years in the case of a sexual offence; and
(b)five years in the case of a violent offence.
(5)The term of an extended sentence passed in respect of an offence shall not exceed the maximum term permitted for that offence.
(6)Subsection (2) of section 80 above (length of discretionary custodial sentences) shall apply as if the term of an extended sentence did not include the extension period.
(7)The Secretary of State may by order amend paragraph (b) of subsection (4) above by substituting a different period, not exceeding ten years, for the period for the time being specified in that paragraph.
(8)In this section “licence” means a licence under Part II of the M1Criminal Justice Act 1991 (early release of prisoners).
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