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Sentencing Act 2020

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Sentencing Act 2020, Section 61 is up to date with all changes known to be in force on or before 02 December 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. Help about Changes to Legislation

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61Sentencing guidelines: extended sentences [F1, serious terrorism sentences] and life sentencesE+W
Extended sentence: determination of appropriate custodial term

(1)Subsection (2) applies where a court is considering whether to impose an extended sentence for an offence.

(2)In determining the appropriate custodial term for the purposes of section 256(2), 268(2) or 281(2) (extended sentence for certain violent, sexual or terrorism offences), section 60 applies to the court as it applies to a court in determining the sentence for an offence.

[F2Serious terrorism sentence: determination of appropriate custodial term

(2A)Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.

(2B)In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.]

Life sentence for second listed offence: determination of sentence condition

(3)Subsection (4) applies where a court is considering whether to impose a sentence under section 273 or 283 (life sentence for second listed offence) for an offence.

(4)In determining, for the purpose of deciding whether the sentence condition in section 273(4) or 283(4) is met, the sentence that it would have passed as mentioned in that condition, section 60 applies to the court as it applies to a court in determining the sentence for an offence.

Notional determinate term for non-fixed life sentence

(5)Subsection (6) applies where a court imposes a non-fixed life sentence for an offence.

(6)Section 60 applies to the court in determining [F3the notional determinate sentence within the meaning of] section 323 (minimum term order for non-fixed life sentence).

F4(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)In this section “non-fixed life sentence” means—

(a)a sentence of imprisonment for life (other than a sentence fixed by law),

(b)a sentence of detention for life under section 250, or

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

Textual Amendments

Commencement Information

I1S. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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