Legal Aid, Sentencing and Punishment of Offenders Act 2012

Part 2 E+W Transitory provision

36 (1) In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc), Chapter 5 of Part 12 of the Criminal Justice Act 2003 (sentencing: dangerous offenders) has effect with the modifications in sub-paragraphs (2) and (3). E+W

(2) In section 226A (extended sentence for certain violent or sexual offences: persons 18 or over), at the end insert—

“(12) In the case of a person aged at least 18 but under 21, this section has effect as if—

(a) the reference in subsection (1)(c) to imprisonment for life were to custody for life, and

(b) other references to imprisonment (including in the expression “extended sentence of imprisonment”) were to detention in a young offender institution.”

(3) In section 226B (extended sentence for certain violent or sexual offences: persons under 18), in subsection (7), for “18” substitute “ 21 ”.

37 (1) In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2). E+W

(2) In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “226” insert “ , 226B ”.