Sentencing Act 2020 (c. 17)

THIRD GROUP OF PARTS U.K. Disposals

PART 10 U.K. Custodial sentences

CHAPTER 4 E+W Adults aged 21 and over

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

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

(1) This section applies where the court imposes a sentence of imprisonment for an offence where—

(a) the offence is listed in Schedule 13,

(b) the person—

(i) was aged 18 or over when the offence was committed, and

(ii) is aged 21 or over when convicted of the offence, and

(c) the court does not impose either of the following for the offence (or for an offence associated with it)—

(i) an extended sentence under section 279, or

(ii) a sentence of imprisonment for life.

(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.

(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.

Modifications etc. (not altering text)

C1 S. 278(2)(3) applied by 2006 c. 52, s. 224A(2A) (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

I1 S. 278 in force at 1.12.2020 by S.I. 2020/1236, reg. 2