Legislation – Police, Crime, Sentencing and Courts Act 2022
Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Section 129 is up to date with all changes known to be in force on or before 17 October 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.
Changes to Legislation
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.
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
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,”.