- Latest available (Revised)
- Original (As enacted)
Sentencing Act 2020, Cross Heading: Extended sentence of detention in a young offender institution is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
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
I1S. 266 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(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 [F1, 274 or 274A] to impose a sentence of custody for life,
[F2(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 [F3Part 1, 2 or 3 of] Schedule 14.
[F4(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
F1Words 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)
F2S. 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)
F3Words 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))
F4S. 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
I2S. 267 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
(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 [F5(unless sub-paragraph (iii) applies);] or
(ii)8 years in the case of a specified sexual offence or a specified terrorism offence [F6(unless sub-paragraph (iii) applies);]
[F7(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” [F8and “specified terrorism offence”] [F8, “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
F5Words 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)
F6Words 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)
F7S. 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)
F8Words 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)
C1S. 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
I3S. 268 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: