Modifications etc. (not altering text)
C1Pt. 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
Pt. 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
(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.
[F1(3)In a case not falling within subsection (2), the court may impose a sentence of detention for public protection if the notional minimum term is at least two years.
(3A)The notional minimum term is the part of the sentence that the court would specify under section 82A(2) of the Sentencing Act (determination of tariff) if it imposed a sentence of detention for public protection but was required to disregard the matter mentioned in section 82A(3)(b) of that Act (crediting periods of remand).]
(4)A sentence of detention for public protection is a sentence of detention for an indeterminate period, subject to the provisions of Chapter 2 of Part 2 of the Crime (Sentences) Act 1997 (c. 43) as to the release of prisoners and duration of licences.
(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
F1S. 226(3)(3A) substituted (14.7.2008) for s. 226(3) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 14, 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 5, (subject to art. 2(3), Sch. 2 para. 2)
Modifications etc. (not altering text)
C2S. 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)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
Commencement Information
I1S. 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)