Sentencing Act 2020

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 [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 [F3 Part 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

F1 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)

F2 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)

F3 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))

F4 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

I1 S. 267 in force at 1.12.2020 by S.I. 2020/1236, reg. 2