Criminal Justice Act 2003

269 Determination of minimum term in relation to mandatory life sentence E+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 [F1 section 240ZA (crediting periods of remand in custody) or of any direction which it would have given under section 240A (crediting periods of remand on certain types of bail)] if it had sentenced him to a term of imprisonment.

[F2 (3A) The reference in subsection (3)(b) to section 240ZA includes section 246 of the Armed Forces Act 2006 (crediting periods in service custody).]

(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 [F3 Lord Chancellor] may by order amend Schedule 21.

(7) Before making an order under subsection (6), the [F4 Lord Chancellor must consult the Sentencing Council for England and Wales].

Textual Amendments

F1 Words in s. 269(3)(b) substituted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(10)(a), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F2 S. 269(3A) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 110(10)(b), 151(1) (with Sch. 15); S.I. 2012/2906, art. 2(d)

F3 Words in s. 269(6) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 85(a) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(b), 20(b) (with art. 7(4))

F4 Words in s. 269(7) substituted (6.4.2010) by Coroners and Justice Act 2009 (c. 25), ss. 177, 182, Sch. 21 para. 85(b) (with s. 180); S.I. 2010/816, art. 2, Sch. paras. 14(b), 20(b) (with art. 7(4))