269Determination of minimum term in relation to mandatory life sentenceE+W
(1)This section applies where after the commencement of this section a court passes a life sentence in circumstances where the sentence is fixed by law.
(2)The court must, unless it makes an order under subsection (4), order that the provisions of section 28(5) to (8) of the Crime (Sentences) Act 1997 (referred to in this Chapter as “the early release provisions”) are to 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 is to be such as the court considers appropriate taking into account—
(a)the seriousness of the offence, or of the combination of the offence and any one or more offences associated with it, and
(b)the effect of any direction which it would have given under section 240 (crediting periods of remand in custody) [F1or under section 246 of the Armed Forces Act 2006 (equivalent provision for service courts)][F2or under section 240A (crediting periods of remand on bail spent subject to certain types of condition)] if it had sentenced him to a term of imprisonment.
(4)If the offender was 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), the court must order that the early release provisions are not to apply to the offender.
(5)In considering under subsection (3) or (4) the seriousness of an offence (or of the combination of an offence and one or more offences associated with it), the court must have regard to—
(a)the general principles set out in Schedule 21, and
(b)any guidelines relating to offences in general which are relevant to the case and are not incompatible with the provisions of Schedule 21.
(6)The Secretary of State may by order amend Schedule 21.
(7)Before making an order under subsection (6), the Secretary of State shall consult the Sentencing Guidelines Council.
Textual Amendments
F1Words in s. 269(3)(b) inserted (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378(1), 383, Sch. 16 para. 228; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
F2Words in s. 269(3)(b) inserted (3.11.2008) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 22(3), 153; S.I. 2008/2712, art. 2, Sch. para. 2 (subject to arts. 3, 4)