Criminal Justice Act 2003

227 Extended sentence for certain violent or sexual offences: persons 18 or over E+W

(1) This section applies where—

(a) a person aged 18 or over is convicted of a specified offence F1 . . . committed after the commencement of this section, and

(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.[F2 , but

(c) the court is not required by section 225(2) to impose a sentence of imprisonment for life.]

(2) [F3 The court may] impose on the offender an extended sentence of imprisonment, [F4 if the condition in subsection (2A) or the condition in subsection (2B) is met.]

[F5 (2A) The condition in this subsection is that, at the time the offence was committed, the offender had been convicted of an offence specified in Schedule 15A.

(2B) The condition in this subsection 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.

(2C) 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 and which is 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 him of further specified offences.]

(3) In [F6 subsections (2B) and (2C)]“the appropriate custodial term” means a term of imprisonment (not exceeding the maximum term permitted for the offence) which—

(a) is the term that would (apart from this section) be imposed in compliance with section 153(2), or

(b) where the term that would be so imposed is a term of less than 12 months, is a term of 12 months.

(4) The extension period must not exceed—

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

(b) eight years in the case of a specified sexual offence.

(5) The term of an extended sentence of imprisonment passed under this section in respect of an offence must not exceed the maximum term permitted for the offence.

[F7 (6) The Secretary of State may by order amend subsection (2B) so as to substitute a different period for the period for the time being specified in that subsection.]

Textual Amendments

F1 Words in s. 227(1)(a) repealed (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(2)(a), 149, 153, Sch. 28 Pt. 2; S.I. 2008/1586, art. 2(1), Sch. 1 para. 50(2)(c) (subject to art. 2(3), Sch. 2 para. 2)

F2 S. 227(1)(c) and preceding words inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(2)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 6

F3 Words in s. 227(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(3)(a), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 6

F4 Words in s. 227(2) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(3)(b), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 6

F5 S. 227(2A)-(2C) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(4), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 6

F6 Words in s. 227(3) substituted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(5), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 6

F7 Words in s. 227(6) inserted (14.7.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 15(6), 153; S.I. 2008/1586, art. 2(1), Sch. 1 para. 6

Modifications etc. (not altering text)

C1 S. 227 applied (with modifications) (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 220, 383 (with s. 385) (as amended (31.10.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 145, 153, Sch. 25 para. 14; 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

C2 S. 227 modified (14.7.2008) by The Criminal Justice and Immigration Act 2008 (Transitory Provisions) Order 2008 (S.I. 2008/1587, art. 2(3)

Commencement Information

I1 S. 227 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)