Legislation – Police, Crime, Sentencing and Courts Act 2022

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PART 7Sentencing and release

CHAPTER 1Custodial sentences

Life sentences: time to be served

I2129Life sentence not fixed by law: minimum term

I31

In section 323 of the Sentencing Code (minimum term order for life sentence not fixed by law)—

a

after subsection (1) insert—

1A

The starting point, in determining the minimum term, is the relevant portion of the notional determinate sentence.

1B

The “notional determinate sentence”, in relation to a life sentence, is the custodial sentence that the court would have imposed if the court had not imposed the life sentence.

1C

The “relevant portion” of the notional determinate sentence is—

a

where that sentence is within section 247A(2A) of the Criminal Justice Act 2003 (terrorist prisoners not entitled to early release), the term that the court would have determined as the appropriate custodial term (within the meaning given by subsection (8) of that section);

b

where that sentence is a sentence under section 252A, 254, 265, 266, 278 or 279 (and is not within paragraph (a)), two-thirds of the term that the court would have determined as the appropriate custodial term under that section;

c

where that sentence is any other custodial sentence, two-thirds of the term of the sentence.

b

in subsection (2)—

i

for the words before paragraph (a), substitute “The minimum term must be the starting point adjusted as the court considers appropriate, taking into account—”;

ii

omit paragraph (b) (but not the final “and”).

I42

In section 261A(3) of the Armed Forces Act 2006 (life sentences: further provision), before paragraph (a) insert—

za

subsection (1C)(b) has effect as if for “section 252A, 254, 265, 266, 278 or 279” there were substituted—

i

section 224A or 224B of the Armed Forces Act 2006, or

ii

section 254, 266, 278 or 279 passed as a result of section 219A, 219ZA or 221A of that Act,

3

In the Sentencing Act 2020—

I3a

in section 61 (sentencing guidelines for life sentences etc)—

i

for subsection (6), for the words from “the notional” to “made under” substitute “the notional determinate sentence within the meaning of”;

ii

omit subsection (7);

b

omit the following (which concern the commencement of paragraph 85 of Schedule 22)—

I1i

section 407(1)(b)(ii) (but not the final “or”);

I4ii

section 417(8);

I3c

in Schedule 22 (prospective amendments of the Sentencing Code)—

i

in paragraph 68A (amendments of section 323 of the Sentencing Code in relation to prospective abolition of detention in young offender institution), before sub-paragraph (a) insert—

za

in subsection (1C)(b), omit “265, 266,

ii

omit paragraph 85 (prospective amendments of section 323);

I3d

in paragraph 20A of Schedule 26 (amendments of section 261A of Armed Forces Act 2006 in relation to prospective abolition of detention in young offender institution), before sub-paragraph (a) insert—

za

in paragraph (za)—

i

in the words before sub-paragraph (i), omit “265, 266,”;

ii

in sub-paragraph (ii), omit “266,”.