Sentencing Act 2020

CHAPTER 3 E+W Adults aged under 21

Detention in a young offender institution E+W

262 Detention in a young offender institution for offender at least 18 but under 21 E+W

(1) A sentence of detention in a young offender institution is available to a court dealing with an offender for an offence where—

(a) the offender is aged at least 18 but under 21 when convicted,

(b) the offence is punishable by that court with imprisonment in the case of a person aged 21 or over, and

(c) the court is not required to pass a sentence of—

(i) detention during Her Majesty's pleasure (see section 259), or

(ii) custody for life (see sections 272 and 275).

(2) Where—

(a) a sentence of detention in a young offender institution is available, and

(b) the court is not required to impose such a sentence,

the power of the court to impose such a sentence is subject (in particular) to section 230 (threshold for imposing discretionary custodial sentence).

(3) For circumstances in which a court is required to impose a sentence of detention in a young offender institution, see the provisions mentioned in[F1 —

(a) section 399(ba) (serious terrorism sentences);

(b)] section 399(c) (mandatory minimum sentences).

Textual Amendments

F1 Words in s. 262(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(9)

Commencement Information

I1 S. 262 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

263 Term of detention in a young offender institution E+W

(1) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

(2) The minimum term of a sentence of detention in a young offender institution is 21 days.

(3) Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a sentence of detention in a young offender institution.

(4) For further provision about the term of a sentence of detention in a young offender institution, see—

(a) section 265 (special sentence for certain offenders of particular concern);

(b) section 268 (extended sentence).

[F2 (c) section 268B (serious terrorism sentence).]

Textual Amendments

F2 S. 263(4)(c) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(10)

Commencement Information

I2 S. 263 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Suspended sentence of detention in a young offender institution E+W

264 Suspended sentence order for offender under 21: availability E+W

(1) This section applies where, in dealing with an offender for an offence, the court imposes a sentence of detention in a young offender institution.

(2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of detention in a young offender institution is not more than 2 years.

(3) But a suspended sentence order is not available in relation to that sentence if—

(a) the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion which are to be served consecutively, and

(b) the terms of those sentences are in aggregate more than 2 years.

(4) For provision about suspended sentences see Chapter 5 .

Modifications etc. (not altering text)

C1 S. 264 modified by 2006 c. 52, s. 200(1)(a) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I3 S. 264 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Special custodial sentence for certain offenders of particular concern E+W

265 Required special sentence for certain offenders of particular concern E+W

(1) This section applies where a court imposes a sentence of detention in a young offender institution for an offence where—

(a) the offence is listed in Schedule 13,

(b) the offender—

F3 (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii) is aged [F4 at least 18 but] under 21 when convicted of the offence, and

(c) the court does not impose [F5 any] of the following for the offence (or for an offence associated with it)—

(i) an extended sentence under section 266,

[F6 (ia) a serious terrorism sentence under section 268A,] or

(ii) a sentence of custody for life under section 272.

[F7 (1A) But this section does not apply if—

(a) the offender was aged under 18 when the offence was committed, and

(b) the offence—

(i) was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or

(ii) is listed in Part 2 of Schedule 13 (sexual offences).]

(2) The term of the sentence must be equal to the aggregate of—

(a) the appropriate custodial term, and

(b) a further period of 1 year for which the offender is to be subject to a licence,

and must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

(3) For the purposes of subsection (2), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

[F8 (4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days.]

Textual Amendments

F3 S. 265(1)(b)(i) omitted (30.4.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(a)(i), 50(1)(c)

F4 Words in s. 265(1)(b)(ii) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(a)(ii), 50(1)(c)

F5 Word in s. 265(1)(c) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(11)(a)

F6 S. 265(1)(c)(ia) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(11)(b)

F7 S. 265(1A) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 22(3)(b), 50(1)(c)

F8 S. 265(4) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(18)

Modifications etc. (not altering text)

C2 S. 265(2)(3) applied by 2006 c. 52, s. 224A(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I4 S. 265 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extended sentence of detention in a young offender institution E+W

266 Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences E+W

An extended sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 268), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

Commencement Information

I5 S. 266 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

267 Extended sentence of detention in a young offender institution: availability E+W

(1) An extended sentence of detention in a young offender institution is available in respect of an offence where—

(a) the offence is a specified offence (see section 306(1)),

(b) the offender is aged at least 18 but under 21 when convicted of the offence,

(c) 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 the offender of further specified offences (see section 308),

(d) the court is not required by section 273 [F9 , 274 or 274A] to impose a sentence of custody for life,

[F10 (da) the court is not required by section 268B to impose a serious terrorism sentence for the offence or for an offence associated with it,] and

(e) the earlier offence condition or the 4 year term condition is met.

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(3) The earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in [F11 Part 1, 2 or 3 of] Schedule 14.

[F12 (3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14.]

(4) The 4 year term condition is that, if the court were to impose an extended sentence, the term that it would specify as the appropriate custodial term (see section 268) would be at least 4 years.

Textual Amendments

F9 Words in s. 267(1)(d) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(7), 208(5)(b)

F10 S. 267(1)(da) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(12)

F11 Words in s. 267(3) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 87A(a) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(4))

F12 S. 267(3A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 87A(b) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(4))

Commencement Information

I6 S. 267 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

268 Term of extended sentence of detention in a young offender institution E+W

(1) This section applies where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266.

(2) The appropriate custodial term is the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence.

(3) The extension period must be a period 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 the offender of further specified offences.

This is subject to subsections (4) and (5).

(4) The extension period must—

(a) be at least 1 year, and

(b) not exceed—

(i) 5 years in the case of a specified violent offence [F13 (unless sub-paragraph (iii) applies);] or

(ii) 8 years in the case of a specified sexual offence or a specified terrorism offence [F14 (unless sub-paragraph (iii) applies);]

[F15 (iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 17 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” [F16 and “specified terrorism offence”] [F16 , “specified terrorism offence” and “serious terrorism offence”].

(5) The term of the extended sentence must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

Textual Amendments

F13 Words in s. 268(4)(b)(i) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(2)(a), 50(2)(j)(3)(e)

F14 Words in s. 268(4)(b)(ii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(2)(b), 50(2)(j)(3)(e)

F15 S. 268(4)(b)(iii) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(2)(c), 50(2)(j)(3)(e)

F16 Words in s. 268(4) substituted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 17(3), 50(2)(j)(3)(e)

Modifications etc. (not altering text)

C3 S. 268(2)-(5) applied (with modifications) by 2006 c. 52, s. 219A(5)(6) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 40(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I7 S. 268 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F17 Serious terrorism sentence E+W

Textual Amendments

F17 Ss. 268A-268C and cross-heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 4, 50(2)(c)

268A Serious terrorism sentence of detention in a young offender institution E+W

A serious terrorism sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of—

(a) the appropriate custodial term (see section 268C), and

(b) a further period (the “extension period”) for which the offender is to be subject to a licence.

268B Serious terrorism sentence of detention in a young offender institution: circumstances in which required E+W

(1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where—

(a) the offence was committed on or after the day on which section 4 of the Counter-Terrorism and Sentencing Act 2021 came into force,

(b) the offender was aged 18 or over when the offence was committed,

(c) the offender is aged under 21 when convicted of the offence,

(d) 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 the offender of further serious terrorism offences or other specified offences (see section 308),

(e) the court does not impose a sentence of custody for life, and

(f) the risk of multiple deaths condition is met.

(2) The court must impose a serious terrorism sentence of detention in a young offender institution under section 268A unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to the offence or to the offender, and

(b) justify not doing so.

(3) The risk of multiple deaths condition is that the court is of the opinion that—

(a) either—

(i) the serious terrorism offence, or

(ii) the combination of the offence and one or more offences associated with it,

was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and

(b) the offender was, or ought to have been, aware of that likelihood.

(4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred.

(5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days.

(6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).

268C Term of serious terrorism sentence of detention in a young offender institution E+W

(1) This section applies where the court dealing with an offender is required by section 268B to impose a serious terrorism sentence of detention in a young offender institution under section 268A.

(2) The appropriate custodial term is—

(a) 14 years, or

(b) if longer, the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence (or an extended sentence or a sentence under section 265).

(3) The extension period must be a period 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 the offender of further serious terrorism offences or other specified offences.

This is subject to subsection (4).

(4) The extension period must—

(a) be at least 7 years, and

(b) not exceed 25 years.]

Detention in a young offender institution: consecutive sentences etc E+W

269 Detention in a young offender institution: consecutive sentences E+W

(1) Where—

(a) an offender is convicted of more than one offence for which a sentence of detention in a young offender institution is available, or

(b) an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which a sentence of detention in a young offender institution is available,

the court has the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment.

(2) Where an offender who—

(a) is serving a sentence of detention in a young offender institution, and

(b) is aged 21 or over,

is convicted of one or more further offences for which the offender is liable to imprisonment, the court has the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution.

This is subject to section 225 (restriction on consecutive sentences for released prisoners).

Commencement Information

I8 S. 269 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

270 Sentence of detention in a young offender institution where offender subject to detention and training order E+W

(1) This section applies where the court imposes a sentence of detention in a young offender institution in the case of an offender who is subject to a relevant detention and training order.

(2) If the offender has not at any time been released for supervision under the detention and training order, the court may order that the sentence of detention in a young offender institution is to take effect at the time when the offender would otherwise be released under the relevant detention and training order (see section 248(5)).

(3) Otherwise, the sentence of detention in a young offender institution takes effect at the beginning of the day on which it is passed.

(4) In this section “relevant detention and training order” means—

(a) a detention and training order under section 233,

(b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or

(c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).

Modifications etc. (not altering text)

C4 S. 270 modified by 2006 c. 52, s. 213(2)(d) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I9 S. 270 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention in a young offender institution: further provision E+W

271 Detention in a young offender institution: place of detention E+W

(1) An offender sentenced to detention in a young offender institution is to be detained in a young offender institution unless a direction under subsection (2) is in force in relation to the offender.

This is subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc).

(2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution is to be detained in a prison instead of a young offender institution.

Commencement Information

I10 S. 271 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Custody for life E+W

272 Offences other than murder E+W

(1) This section applies where a person aged at least 18 but under 21 is convicted of an offence for which the sentence is not fixed by law.

(2) The court must sentence the offender to custody for life if—

(a) the offence is punishable in the case of a person aged 21 or over with imprisonment for life, and the court considers that a sentence for life would be appropriate, or

(b) the court is required by section 273 [F18 , 274 or 274A] to impose a sentence of custody for life.

(3) Sections 230 (threshold for imposing discretionary custodial sentence) and 231 (length of discretionary custodial sentences: general provision), in particular, apply for the purposes of subsection (2)(a).

Textual Amendments

F18 Words in s. 272(2)(b) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(8), 208(5)(b)

Commencement Information

I11 S. 272 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

273 Custody for life for second listed offence E+W

(1) Subsection (3) applies where—

(a) a court is dealing with an offender for an offence (“the index offence”) that is listed in Part 1 of Schedule 15,

(b) the index offence was committed on or after the relevant date,

(c) the offender is aged 18 or over but under 21 when convicted of the index offence, and

(d) the sentence condition and the previous offence condition are met.

(2) In subsection (1)(b), “relevant date”, in relation to an offence, means the date specified for that offence in Part 1 of Schedule 15.

(3) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are particular circumstances which—

(a) relate to—

(i) the index offence,

(ii) the previous offence referred to in subsection (5), or

(iii) the offender, and

(b) would make it unjust to do so in all the circumstances.

(4) The sentence condition is that, but for this section, the court would impose a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period that it would impose under section 266.

Sections 230(2) and 231(2) apply for this purpose.

(5) The previous offence condition is that—

(a) when the index offence was committed, the offender had been convicted of an offence (“the previous offence”) listed in Schedule 15, and

(b) a relevant life sentence or a relevant sentence of detention for a determinate period was imposed on the offender for the previous offence.

(6) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the index offence was committed.

(7) A life sentence is relevant for the purposes of subsection (5)(b) if—

(a) the offender was not eligible for release during the first 5 years of the sentence, or

(b) the offender would not have been eligible for release during that period but for the reduction of the period of ineligibility to take account of a relevant pre-sentence period.

(8) An extended sentence imposed under the Criminal Justice Act 2003 or this Code (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (5)(b) if the appropriate custodial term imposed was 10 years or more.

(9) Any other extended sentence is relevant for the purposes of subsection (5)(b) if the custodial term imposed was 10 years or more.

(10) Any other sentence of detention for a determinate period is relevant for the purposes of subsection (5)(b) if it was for a period of 10 years or more.

(11) An extended sentence or other sentence of detention is also relevant if it would have been relevant under subsection (9) or (10) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period.

(12) For the purposes of subsections (5) to (11)—

• “extended sentence” means—

  (a)

  a sentence imposed under section 254 or 266 (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006), or

  (b)

  a sentence imposed under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 (including one imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006),

  or an equivalent sentence imposed under the law of Scotland [F19 or Northern Ireland];

• “life sentence” means—

  (a)

  a sentence of detention for life under—

  (i)

  section 250,

  (ii)

  section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (iii)

  section 209 of the Armed Forces Act 2006,

  (b)

  a sentence of detention during Her Majesty's pleasure under—

  (i)

  section 259,

  (ii)

  section 90 of the Powers of Criminal Courts (Sentencing) Act 2000, or

  (iii)

  section 218 of the Armed Forces Act 2006, or

  (c)

  a sentence of custody for life under—

  (i)

  section 272 or 275 (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006), or

  (ii)

  section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (including one passed as a result of paragraph 6 or 7 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)),

  or an equivalent sentence imposed under the law of Scotland [F20 or Northern Ireland];

• “relevant pre-sentence period”, in relation to the previous offence referred to in subsection (5), means any period which the offender spent in custody or on bail before the sentence for that offence was imposed;

• “sentence of detention” includes any sentence of a period in custody (however expressed).

[F21 (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.]

(13) 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.

(14) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (1)(b), (5)(a) and (6) to have been committed on the last of those days.

Textual Amendments

F19 Words in s. 273(12) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 88(1)(a) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(5)(a))

F20 Words in s. 273(12) substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 88(1)(b) (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(5)(a))

F21 S. 273(12A) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 88(2) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(5)(b))

Modifications etc. (not altering text)

C5 S. 273(3) applied (with modifications) by 2006 c. 52, s. 218A(1B)(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 38(3)(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C6 S. 273(12A) modified (31.12.2020) by 2006 c. 52, s. 218A(6A) (as inserted by 2020 c. 17, Sch. 26 para. 12(1)(db) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 6(2)(b)))

Commencement Information

I12 S. 273 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

274 Required sentence of custody for life for offence carrying life sentence E+W

(1) This section applies where a court is dealing with an offender for an offence where—

(a) the offender is aged 18 or over but under 21 when convicted of the offence,

(b) the offence is a Schedule 19 offence (see section 307), and

(c) 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 the offender of further specified offences (see sections 306(1) and 308).

(2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

(3) If the court considers that the seriousness of—

(a) the offence, or

(b) the offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of custody for life, the court must impose a sentence of custody for life under section 272.

(4) 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.

Modifications etc. (not altering text)

C7 S. 274(3) applied (with modifications) by 2006 c. 52, s. 219(1A)(3)(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(3)(5)(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I13 S. 274 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F22 274A Required sentence of custody for life for manslaughter of emergency worker E+W

(1) This section applies where—

(a) a person aged 18 or over but under 21 is convicted of a relevant offence,

(b) the offence was committed—

(i) when the person was aged 16 or over, and

(ii) on or after the relevant commencement date, and

(c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker.

(2) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are exceptional circumstances which—

(a) relate to the offence or the offender, and

(b) justify not doing so.

(3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker.

(4) In this section “relevant offence” means the offence of manslaughter, but does not include—

(a) manslaughter by gross negligence, or

(b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder).

(5) In this section—

• “emergency worker” has the meaning given by section 68;

• “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force.

(6) 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.

(7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.]

Textual Amendments

F22 S. 274A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(9), 208(5)(b)

275 Duty to impose custody for life for offence of murder E+W

(1) Where a person aged under 21 is convicted of—

(a) murder, or

(b) any other offence the sentence for which is fixed by law as life imprisonment,

the court must sentence the offender to custody for life.

(2) Subsection (1) does not apply where the offender is liable to be detained under section 259 (detention at Her Majesty's pleasure for offender under 18).

Commencement Information

I14 S. 275 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

276 Custody for life: place of detention E+W

(1) An offender sentenced to custody for life is to be detained in a young offender institution unless a direction under subsection (2) is in force in relation to the offender.

This is subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc).

(2) The Secretary of State may from time to time direct that an offender sentenced to custody for life is to be detained in a prison instead of a young offender institution.

Commencement Information

I15 S. 276 in force at 1.12.2020 by S.I. 2020/1236, reg. 2