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Part 12U.K.Sentencing

Modifications etc. (not altering text)

C1Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

C2Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3 (as amended (E.W.) (3.12.2012) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824), regs. 1, 3(1) (with reg. 3(2)))

Chapter 5E+WDangerous offenders

[F1Interpretation]E+W

Textual Amendments

224Meaning of “specified offence” etc.E+W

(1)An offence is a “specified offence” for the purposes of this Chapter if it is a specified violent offence[F2, a specified sexual offence or a specified terrorism offence].

(2)An offence is a “serious offence” for the purposes of this Chapter if and only if—

(a)it is a specified offence, and

(b)it is, apart from section [F3224A], punishable in the case of a person aged 18 or over by—

(i)imprisonment for life, or

(ii)imprisonment for a determinate period of ten years or more.

(3)In this Chapter—

Textual Amendments

F2Words in s. 224(1) substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(2)(a), 27(3) (with s. 25(3)(4))

F4S. 224(3): the definition of "relevant offence" is repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 148, 149, 153, Sch. 26 para. 69, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 48(a)

F5Words in s. 224(3) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(2)(b), 27(3) (with s. 25(3)(4))

Commencement Information

I1S. 224 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

[F6Life sentences]E+W

Textual Amendments

[F7224ALife sentence for second listed offenceE+W

(1)This section applies where—

(a)a person aged 18 or over is convicted of an offence listed in Part 1 of Schedule 15B,

(b)the offence was committed after this section comes into force, and

(c)the sentence condition and the previous offence condition are met.

(2)The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are particular circumstances which—

(a)relate to the offence, to the previous offence referred to in subsection (4) or to the offender, and

(b)would make it unjust to do so in all the circumstances.

(3)The sentence condition is that, but for this section, the court would, in compliance with sections 152(2) and 153(2), impose a sentence of imprisonment for 10 years or more, disregarding any extension period imposed under section 226A.

(4)The previous offence condition is that —

(a)at the time the offence was committed, the offender had been convicted of an offence listed in Schedule 15B (“the previous offence”), and

(b)a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence.

(5)A life sentence is relevant for the purposes of subsection (4)(b) if—

(a)the offender was not eligible for release during the first 5 years of the sentence, or

(b)the offender would not have been eligible for release during that period but for the reduction of the period of ineligibility to take account of a relevant pre-sentence period.

(6)An extended sentence imposed under this Act (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (4)(b) if the appropriate custodial term imposed was 10 years or more.

(7)Any other extended sentence is relevant for the purposes of subsection (4)(b) if the custodial term imposed was 10 years or more.

(8)Any other sentence of imprisonment or detention for a determinate period is relevant for the purposes of subsection (4)(b) if it was for a period of 10 years or more.

(9)An extended sentence or other sentence of imprisonment or detention is also relevant if it would have been relevant under subsection (7) or (8) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period.

(10)For the purposes of subsections (4) to (9)—

(11)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

[F8(12)Where an offence is found to have been committed over a period of two or more days, or at some time during a period of two or more days, it must be taken for the purposes of subsections (1)(b) and (4)(a) to have been committed on the last of those days.]]

Textual Amendments

Modifications etc. (not altering text)

225Life sentence F9... for serious offencesE+W

(1)This section applies where—

(a)a person aged 18 or over is convicted of a serious offence committed after the commencement of this section, and

(b)the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.

(2)If—

(a)the offence is one in respect of which the offender would apart from this section be liable to imprisonment for life, and

(b)the court considers that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of imprisonment for life,

the court must impose a sentence of imprisonment for life.

F10(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(3C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F10(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

Textual Amendments

Modifications etc. (not altering text)

C5S. 225 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 219, 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 13; S.I. 2009/1028, art. 2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I2S. 225 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

226Detention for life F11... for serious offences committed by those under 18E+W

(1)This section applies where—

(a)a person aged under 18 is convicted of a serious offence committed after the commencement of this section, and

(b)the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences.

(2)If—

(a)the offence is one in respect of which the offender would apart from this section be liable to a sentence of detention for life under section 91 of the Sentencing Act, and

(b)the court considers that the seriousness of the offence, or of the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of detention for life,

the court must impose a sentence of detention for life under that section.

F12(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(3A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

Textual Amendments

Modifications etc. (not altering text)

C6S. 226 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 221, 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 15; S.I. 2009/1028, art. 2(b) and as amended (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 7; S.I. 2012/2906, art. 2(t) (with art. 6)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I3S. 226 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

[F13Extended sentences]E+W

Textual Amendments

[F14226AExtended sentence for certain violent[F15, sexual or terrorism] offences: persons 18 or overE+W

(1)This section applies where—

(a)a person aged 18 or over is convicted of a specified offence (whether the offence was committed before or after this section comes into force),

(b)the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences,

(c)the court is not required by section 224A or 225(2) to impose a sentence of imprisonment for life, and

(d)condition A or B is met.

(2)Condition A is that, at the time the offence was committed, the offender had been convicted of an offence listed in Schedule 15B.

(3)Condition B is that, if the court were to impose an extended sentence of imprisonment, the term that it would specify as the appropriate custodial term would be at least 4 years.

(4)The court may impose an extended sentence of imprisonment on the offender.

(5)An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of—

(a)the appropriate custodial term, and

(b)a further period (the “extension period”) for which the offender is to be subject to a licence.

(6)The appropriate custodial term is the term of imprisonment that would (apart from this section) be imposed in compliance with section 153(2).

(7)The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences, subject to [F16subsections (7A) to (9)].

[F17(7A)The extension period must be at least 1 year.]

(8)The extension period must not exceed—

(a)5 years in the case of a specified violent offence, and

(b)8 years in the case of a specified sexual offence [F18or a specified terrorism offence].

(9)The term of an extended sentence of imprisonment imposed under this section in respect of an offence must not exceed the term that, at the time the offence was committed, was the maximum term permitted for the offence.

(10)In subsections (1)(a) and (8), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—

(a)was abolished before 4 April 2005, and

(b)would have constituted such an offence if committed on the day on which the offender was convicted of the offence.

(11)Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—

(a)subsection (1)(c) has effect as if the words “by section 224A or 225(2)” were omitted, and

(b)subsection (6) has effect as if the words “in compliance with section 153(2)” were omitted.

Textual Amendments

F15Words in s. 226A heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(3)(a), 27(3) (with s. 25(3)(4))

F18Words in s. 226A(8)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(3)(b), 27(3) (with s. 25(3)(4))

Modifications etc. (not altering text)

C8Ss. 226A(4)-(9) applied (with modifications) by Armed Forces Act 2006 (c. 52), s. 219A(4)(5) (as inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 5; S.I. 2012/2906, art. 2(t))

226BExtended sentence for certain violent[F19, sexual or terrorism] offences: persons under 18E+W

(1)This section applies where—

(a)a person aged under 18 is convicted of a specified offence (whether the offence was committed before or after this section comes into force),

(b)the court considers that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences,

(c)the court is not required by section 226(2) to impose a sentence of detention for life under section 91 of the Sentencing Act, and

(d)if the court were to impose an extended sentence of detention, the term that it would specify as the appropriate custodial term would be at least 4 years.

(2)The court may impose an extended sentence of detention on the offender.

(3)An extended sentence of detention is a sentence of detention the term of which is equal to the aggregate of—

(a)the appropriate custodial term, and

(b)a further period (the “extension period”) for which the offender is to be subject to a licence.

(4)The appropriate custodial term is the term of detention that would (apart from this section) be imposed in compliance with section 153(2).

(5)The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences, subject to [F20subsections (5A) to (7)].

[F21(5A)The extension period must be at least 1 year.]

(6)The extension period must not exceed—

(a)5 years in the case of a specified violent offence, and

(b)8 years in the case of a specified sexual offence [F22or a specified terrorism offence].

(7)The term of an extended sentence of detention imposed under this section in respect of an offence may not exceed the term that, at the time the offence was committed, was the maximum term of imprisonment permitted for the offence in the case of a person aged 18 or over.

(8)In subsections (1)(a) and (6), references to a specified offence, a specified violent offence and a specified sexual offence include an offence that—

(a)was abolished before 4 April 2005, and

(b)would have constituted such an offence if committed on the day on which the offender was convicted of the offence.

(9)Where the offence mentioned in subsection (1)(a) was committed before 4 April 2005—

(a)subsection (1) has effect as if paragraph (c) were omitted, and

(b)subsection (4) has effect as if the words “in compliance with section 153(2)” were omitted.]

Textual Amendments

F19Words in s. 226B heading substituted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(4)(a), 27(3) (with s. 25(3)(4))

F22Words in s. 226B(6)(b) inserted (12.4.2019) by Counter-Terrorism and Border Security Act 2019 (c. 3), ss. 9(4)(b), 27(3) (with s. 25(3)(4))

Modifications etc. (not altering text)

C10Ss. 226B(2)-(7) applied (with modifications) by Armed Forces Act 2006 (c. 52), s. 221A(2)-(7) (as inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), s. 151(1), Sch. 22 para. 9; S.I. 2012/2906, art. 2(t))

F23227Extended sentence for certain violent or sexual offences: persons 18 or overE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F24228Extended sentence for certain violent or sexual offences: persons under 18E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

229The assessment of dangerousnessE+W

(1)This section applies where—

(a)a person has been convicted of a specified offence, and

(b)it falls to a court to assess under any of sections 225 to 228 whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences.

(2)F25. . . , the court in making the assessment referred to in subsection (1)(b)—

(a)must take into account all such information as is available to it about the nature and circumstances of the offence,

[F26(aa)may take into account all such information as is available to it about the nature and circumstances of any other offences of which the offender has been convicted by a court anywhere in the world,]

(b)may take into account any information which is before it about any pattern of behaviour of which [F27any of the offences mentioned in paragraph (a) or (aa)] forms part, and

(c)may take into account any information about the offender which is before it.

[F28(2A)The reference in subsection (2)(aa) to a conviction by a court includes a reference to—

[F29(a)a conviction of an offence in any service disciplinary proceedings, and]

(b)a conviction of a service offence within the meaning of the Armed Forces Act 2006 (“conviction” here including anything that under section 376(1) and (2) of that Act is to be treated as a conviction).]

[F30(2B)For the purposes of subsection (2A)(a) “service disciplinary proceedings” means—

(a)any proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence), and

(b)any proceedings before a Standing Civilian Court;

and “conviction” includes the recording of a finding that a charge in respect of the offence has been proved.]

(3)F31. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)F32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Modifications etc. (not altering text)

C11S. 229(2)(2A) applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 223(2)(3), 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), s. 145, Sch. 25 para. 17; S.I. 2009/1028, art. 2); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4; S.I. 2009/1028, art. 2(b)

C12S. 229(2A)(b) modified (24.4.2009 for certain purposes, otherwise 31.10.2009) by The Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), arts. 1(3), 205, Sch. 1 para. 53(7)

Commencement Information

I4S. 229 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

230Imprisonment or detention for public protection: release on licenceE+W

Schedule 18 (release of prisoners serving sentences of imprisonment or detention for public protection) shall have effect.

Commencement Information

I5S. 230 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

[F33Supplementary]E+W

Textual Amendments

231Appeals where previous convictions set asideE+W

[F34(A1)Subsection (2) applies where—

(a)a sentence has been imposed on a person under section 224A,

(b)a previous conviction of that person has been subsequently set aside on appeal, and

(c)without that conviction, the previous offence condition in section 224A(4) would not have been met.]

[F35(1)[F36Subsection (2) also] applies where—

(a)a sentence has been imposed on any person under section 225(3)[F37, 226A] or 227(2),

(b)the condition in section 225(3A) or (as the case may be) [F38226A(2) or] 227(2A) was met but the condition in section 225(3B) or (as the case may be) [F39226A(3) or] 227(2B) was not, and

(c)any previous conviction of his without which the condition in section 225(3A) or (as the case may be) [F40226A(2) or] 227(2A) would not have been met has been subsequently set aside on appeal.]

(2)Notwithstanding anything in section 18 of the Criminal Appeal Act 1968 (c. 19), 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.

[F41(3)Subsection (4) applies where—

(a)a sentence has been imposed on a person under section 224A,

(b)a previous sentence imposed on that person has been subsequently modified on appeal, and

(c)taking account of that modification, the previous offence condition in section 224A(4) would not have been met.

(4)Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence mentioned in subsection (3)(a) may be given at any time within 28 days from the date on which the previous sentence was modified.]

Textual Amendments

Commencement Information

I6S. 231 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

F42232Certificates of convictions for purposes of sections 225 and 227E+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

[F43232ACertificates of convictionE+W

Where—

(a)on any date after the commencement of Schedule 15B a person is convicted in England and Wales of an offence listed in that Schedule, and

(b)the court by or before which the person is so convicted states in open court that the person has been convicted of such an offence on that date, and

(c)that court subsequently certifies that fact,

that certificate is evidence, for the purposes of [F44sections 224A and 226A], that the person was convicted of such an offence on that date.]

Textual Amendments

233Offences under service lawE+W

F45. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

234Determination of day when offence committedE+W

F46. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

235Detention under sections 226[F47, 226B] and 228E+W

A person sentenced to be detained under section 226[F48, 226B] or 228 is liable to be detained in such place, and under such conditions, as may be determined by the Secretary of State or by such other person as may be authorised by him for the purpose.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I7S. 235 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)

236Conversion of sentences of detention into sentences of imprisonmentE+W

For section 99 of the Sentencing Act (conversion of sentence of detention and custody into sentence of imprisonment) there is substituted—

“Conversion of sentence of detention to sentence of imprisonmentE+W
99Conversion of sentence of detention to sentence of imprisonment

(1)Subject to the following provisions of this section, where an offender has been sentenced by a relevant sentence of detention to a term of detention and either—

(a)he has attained the age of 21, or

(b)he has attained the age of 18 and has been reported to the Secretary of State by the board of visitors of the institution in which he is detained as exercising a bad influence on the other inmates of the institution or as behaving in a disruptive manner to the detriment of those inmates,

the Secretary of State may direct that he shall be treated as if he had been sentenced to imprisonment for the same term.

(2)Where the Secretary of State gives a direction under subsection (1) above in relation to an offender, the portion of the term of detention imposed under the relevant sentence of detention which he has already served shall be deemed to have been a portion of a term of imprisonment.

(3)Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 the offender shall be treated as if he had been sentenced under section 225 of that Act; and where the Secretary of State gives such a direction in relation to an offender serving an extended sentence of detention under section 228 of that Act the offender shall be treated as if he had been sentenced under section 227 of that Act.

(4)Rules under section 47 of the Prison Act 1952 may provide that any award for an offence against discipline made in respect of an offender serving a relevant sentence of detention shall continue to have effect after a direction under subsection (1) has been given in relation to him.

(5)In this section “relevant sentence of detention” means—

(a)a sentence of detention under section 90 or 91 above,

(b)a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003, or

(c)an extended sentence of detention under section 228 of that Act.”

Commencement Information

I8S. 236 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 18 (subject to art. 2(2), Sch. 2)