Law

Sentencing Act 2020

United Kingdom · statute

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In force since 2026-10-26, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 501 provisions
  1. Title and introductory text
  2. 1 Overview
  3. 2 Application of Code
  4. 3 Deferment order
  5. 4 Availability of deferment order
  6. 5 Making a deferment order
  7. 6 Effect of deferment order
  8. 7 Restorative justice requirements
  9. 8 Deferment order: supervisor
  10. 9 Failure to comply with deferment requirement
  11. 10 Conviction of offence during period of deferment
  12. 11 Powers of court dealing with offender following deferment order
  13. 12 Saving for power to bind over and other powers to defer sentence
  14. 13 Deferment orders: interpretation
  15. 14 Committal for sentence on summary trial of offence triable either way: adults and corporations
  16. 15 Committal for sentence of dangerous adult offenders
  17. 16 Committal for sentence of young offenders on summary trial of certain serious offences
  18. 16A Committal for sentence of young offenders on summary trial of certain ... offences
  19. 17 Committal for sentence of dangerous young offenders
  20. 18 Committal for sentence on indication of guilty plea to offence triable either way: adult offenders
  21. 19 Committal for sentence on indication of guilty plea by child with related offences
  22. 20 Committal in certain cases where offender committed in respect of another offence
  23. 21 Power of Crown Court on committal for sentence of offender under section 14, 15 or 18
  24. 22 Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19
  25. 23 Power of Crown Court on committal for sentence under section 20
  26. 24 Further powers to commit offender to the Crown Court to be dealt with
  27. 25 Power and duty to remit offenders aged under 18 to youth courts for sentence
  28. 25A Power to remit adult offenders to magistrates’ courts for sentence
  29. 26 Remission by Crown Court to youth court or other magistrates’ court: custody or bail, and appeals
  30. 27 Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence
  31. 28 Power of magistrates' court to remit case to another magistrates' court for sentence
  32. 29 Remission by magistrates' court: adjournment, remand and appeal
  33. 30 Pre-sentence report requirements
  34. 31 Meaning of “pre-sentence report” etc
  35. 32 Disclosure of pre-sentence reports
  36. 33 Appeals: requirements relating to pre-sentence reports
  37. 34 Disclosure of other reports
  38. 35 Powers to order statement as to offender's financial circumstances
  39. 36 Financial circumstances order: offences
  40. 37 Reports and information: other powers of court
  41. 38 Derogatory assertion order and restriction on reporting of assertions
  42. 39 Order in respect of certain assertions
  43. 40 Reporting of assertions: offences
  44. 41 Reporting of assertions: supplementary
  45. 42 Court's duty to order payment of surcharge
  46. 43 Amount of surcharge
  47. 44 Criminal courts charge duty where court dealing with offender for offence
  48. 45 Other occasions where criminal courts charge duty arises
  49. 46 Criminal courts charge duty
  50. 47 Court to disregard criminal courts charge duty in dealing with offender
  51. 48 Amount of criminal courts charge
  52. 49 Interest on criminal courts charge
  53. 50 Power of magistrates' court to remit criminal courts charge
  54. 51 Regulations under Chapter
  55. 52 Duty to give reasons for and to explain effect of sentence
  56. 53 Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian
  57. 54 Duty to give reasons where reparation order not made
  58. 55 Duty to give reasons where compensation order not made
  59. 56 Other duties of court to give reasons where certain orders not made
  60. 56A Finding of domestic abuse
  61. 57 Purposes of sentencing: adults
  62. 58 Offenders aged under 18: considerations of court not affected by Code
  63. 59 Sentencing guidelines: general duty of court
  64. 60 Sentencing guidelines: determination of sentence
  65. 61 Sentencing guidelines: extended sentences , serious terrorism sentences and life sentences
  66. 62 Sentencing guidelines duties: interpretation
  67. 63 Assessing seriousness
  68. 64 Offence committed on bail
  69. 65 Previous convictions
  70. 66 Hostility
  71. 67 Assaults on emergency workers
  72. 68 Emergency workers for the purposes of section 67
  73. 68A Assaults on those providing a public service etc
  74. 69 Terrorist connection
  75. 69A Offences where foreign power or designated body condition met
  76. 70 Using minor to mind weapon
  77. 70A Sexual grooming of child
  78. 71 Supply of controlled drug near school premises or involving child
  79. 72 Supply of psychoactive substance in certain circumstances
  80. 73 Reduction in sentence for guilty plea
  81. 74 Reduction in sentence for assistance to prosecution
  82. 75 Specified prosecutors
  83. 76 Effect of Chapter on other powers of court to consider seriousness
  84. 77 Basis of opinion provisions not to affect power to mitigate sentences
  85. 78 Basis of opinion provisions: offenders suffering from a mental disorder
  86. 79 Order for absolute discharge
  87. 80 Order for conditional discharge
  88. 81 Commission of further offence by person conditionally discharged
  89. 82 Effect of discharge
  90. 83 Referral order
  91. 84 Referral order: availability
  92. 85 Duty and power to make referral order
  93. 86 Making of referral order: general
  94. 87 Referral order consecutive to earlier referral order
  95. 88 Making of referral order: connected offences
  96. 89 Making of referral order: effect on court's other sentencing powers
  97. 90 Order requiring parents etc to attend meetings
  98. 91 Establishment of youth offender panels
  99. 92 Attendance at panel meetings: offender and parent or guardian
  100. 93 Failure of parent or guardian to comply with order under section 90
  101. 94 Attendance at panel meetings: other persons
  102. 95 Duty of youth offending team to arrange initial meetings of panel
  103. 96 Agreement of youth offender contract with offender
  104. 97 Duration of compliance period
  105. 97A Duty of offender to notify details to panel
  106. 98 Failure to agree youth offender contract
  107. 99 Arranging progress meetings
  108. 100 Progress meetings: conduct
  109. 101 Final meeting
  110. 102 Revocation of referral order where offender making good progress etc
  111. 103 Extension of compliance period
  112. 104 Offender referred back to court or convicted while subject to referral order
  113. 105 Youth offender panel: change of residence
  114. 106 Functions of the specified youth offending team
  115. 107 Rules of court
  116. 108 Referral orders: interpretation
  117. 109 Reparation order
  118. 110 Reparation order: availability
  119. 111 Requirement to consider report before making a reparation order
  120. 112 Requirements to make reparation to be specified in order
  121. 113 Other provision to be specified in a reparation order
  122. 114 Making reparation
  123. 115 Breach, revocation or amendment of reparation order
  124. 116 Reparation orders: interpretation
  125. 117 Orders under Street Offences Act 1959
  126. 118 Availability of fine: magistrates' court
  127. 119 Power of magistrates' court to fine where only imprisonment etc specified
  128. 120 General power of Crown Court to fine offender convicted on indictment
  129. 121 Availability of fine: effect of other orders
  130. 122 The standard scale of fines for summary offences
  131. 123 Limit on fines imposed by magistrates' courts in respect of young offenders
  132. 124 Fixing of fine: duty of court to inquire into individual offender's circumstances
  133. 125 Exercise of court's powers to impose fine and fix amount
  134. 126 Power to determine financial circumstances where offender is absent or fails to provide information
  135. 127 Remission of fines following determination under section 126
  136. 128 Fine imposed on offender aged under 18: payment by parent or guardian
  137. 129 Fine imposed on offender by Crown Court: duty to make term in default order
  138. 130 Fine imposed by Crown Court: power to allow time for payment or payment by instalments
  139. 131 Fine imposed by Crown Court: power to search offender
  140. 132 Enforcement of fines imposed on offenders by Crown Court
  141. 133 Compensation order
  142. 134 Compensation order: availability
  143. 135 Making a compensation order
  144. 136 Road accidents
  145. 137 Damage to property and clean-up costs resulting from certain offences
  146. 138 Funeral expenses and bereavement: cases other than road accidents
  147. 139 Limit on compensation payable under compensation order of magistrates' court in case of young offender
  148. 140 Compensation order: order for payment by parent or guardian
  149. 141 Compensation orders: suspension of entitlement and appeals etc
  150. 142 Limit on compensation payable under compensation order of magistrates' court: offences committed before 11 December 2013
  151. 143 Review of compensation orders
  152. 144 Effect of compensation order on subsequent award of damages in civil proceedings
  153. 145 Compensation orders: interpretation
  154. 146 Compensation etc under other Acts
  155. 147 Restitution order where goods stolen or obtained by blackmail or fraud
  156. 148 Restitution order: availability
  157. 149 Making a restitution order
  158. 150 Restitution orders: supplementary provision about appeals
  159. 151 Restitution orders: interpretation and application
  160. 152 Deprivation order
  161. 153 Deprivation order: availability
  162. 154 Vehicle to be treated as used for purpose of certain offences
  163. 154A Purported intimate images to be treated as used for purpose of certain offences
  164. 155 Exercise of power to make deprivation order
  165. 156 Deprivation order: property to be taken into possession of police or Secretary of State
  166. 157 Property to which a deprivation order applies: orders by magistrates' court
  167. 158 Regulations about unclaimed property to which deprivation order applies
  168. 159 Application of proceeds of property subject to deprivation order
  169. 160 Orders for forfeiture etc under other Acts
  170. 161 Confiscation orders under other Acts
  171. 161A Income reduction order
  172. 161B Determining the amount payable under an income reduction order
  173. 161C Further provision about income reduction orders
  174. 161D Income reduction order: availability
  175. 161E Making an income reduction order
  176. 161F Variation or discharge of income reduction order
  177. 161G Income reduction orders: supplementary
  178. 162 Driving disqualification order
  179. 163 Driving disqualification: availability for any offence
  180. 164 Driving disqualification order: availability where vehicle used for purposes of crime
  181. 165 Disqualification period
  182. 166 Extension of disqualification where custodial sentence also imposed
  183. 167 Effect of custodial sentence in other cases
  184. 168 Requirement to produce licences where driving disqualification order made
  185. 169 Driving disqualification orders: interpretation
  186. 170 Road Traffic Offenders Act 1988: further provision about driving disqualification etc
  187. 171 Offences relating to animals
  188. 172 Company directors
  189. 173 Youth rehabilitation order
  190. 174 Youth rehabilitation requirements table
  191. 175 Youth rehabilitation order with intensive supervision and surveillance
  192. 176 Youth rehabilitation order with fostering
  193. 177 Youth rehabilitation order: availability
  194. 178 Youth rehabilitation order with intensive supervision and surveillance or fostering: availability
  195. 179 Exercise of power to make youth rehabilitation order: general considerations
  196. 180 Making youth rehabilitation order with intensive supervision and surveillance or fostering
  197. 181 Making youth rehabilitation order where offender subject to other order
  198. 182 Youth rehabilitation order: effect of remand in custody
  199. 183 Concurrent and consecutive orders
  200. 184 Youth rehabilitation order: available requirements
  201. 185 Youth rehabilitation order: availability of particular requirements
  202. 186 Youth rehabilitation order: exercise of power to impose particular requirements
  203. 187 Youth rehabilitation order to specify end date
  204. 188 Youth rehabilitation order to specify offender's home local justice area
  205. 189 Power for Crown Court to direct magistrates' court supervision
  206. 190 Provision of copies of youth rehabilitation order and related documents
  207. 191 The responsible officer
  208. 192 Obligations of responsible officer
  209. 193 Duty of offender to keep in touch with responsible officer etc
  210. 194 Power to provide for court review of youth rehabilitation orders
  211. 195 Breach, revocation or amendment of youth rehabilitation order
  212. 196 Transfer of youth rehabilitation orders to Northern Ireland
  213. 197 Youth rehabilitation orders: interpretation
  214. 198 When a youth rehabilitation order is in force
  215. 198A Electronic monitoring requirement previously imposed
  216. 199 Youth rehabilitation orders: Isles of Scilly
  217. 200 Community order
  218. 201 Community order requirements table
  219. 202 Community order: availability
  220. 203 Restriction on making both community order and suspended sentence order
  221. 204 Exercise of power to impose community order: general considerations
  222. 205 Community order: effect of remand in custody
  223. 206 Community order: available requirements
  224. 207 Community order: availability of particular requirements
  225. 208 Community order: exercise of power to impose particular requirements
  226. 209 Community order to specify end date etc
  227. 210 Community order to specify offender's home local justice area
  228. 211 Power for Crown Court to direct magistrates' court supervision
  229. 212 Provision of copies of community order and related documents
  230. 213 The responsible officer
  231. 214 Obligations of responsible officer
  232. 215 Duty of offender to keep in touch with responsible officer etc
  233. 216 Duty of offender to obtain permission before changing residence
  234. 217 Power to provide for court review of community orders
  235. 217A Review of community order qualifying for special procedures
  236. 217B Powers on review
  237. 217C Alteration of review arrangements
  238. 218 Breach, revocation , termination or amendment of community order
  239. 219 Transfer of community orders to Scotland or Northern Ireland
  240. 220 When a community order ceases to be in force
  241. 221 Overview of Part
  242. 222 Meaning of “custodial sentence”
  243. 223 Two year limit on imprisonment for statutory offence if no maximum specified
  244. 224 General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution
  245. 225 Restriction on consecutive sentences for released prisoners
  246. 226 Custodial sentence: restrictions in certain cases where offender not legally represented
  247. 227 Restriction on imposing imprisonment on persons under 21
  248. 228 Other restrictions on custodial sentence
  249. 229 Power of magistrates' court to imprison for less than specified term
  250. 230 Threshold for imposing discretionary custodial sentence
  251. 231 Length of discretionary custodial sentences: general provision
  252. 232 Additional requirements in case of offender suffering from mental disorder
  253. 233 Detention and training order
  254. 234 Detention and training order: availability
  255. 235 Exercise of power to make a detention and training order
  256. 236 Term of detention and training order
  257. 237 Making of order where offender subject to other order or sentence of detention
  258. 238 Offender subject to more than one order: maximum overall term
  259. 239 Period on remand etc: effect on term of detention and training order
  260. 240 Period of custody awaiting extradition: effect on term of detention and training order
  261. 241 The period of detention and training
  262. 242 The period of supervision
  263. 243 Breach of supervision requirement and further offences during order
  264. 244 Offender subject concurrently to detention and training order and sentence of detention in a young offender institution
  265. 245 Offender subject concurrently to detention and training order and other sentence of detention
  266. 246 Effect of detention and training order made where offender has reached 18
  267. 247 Further supervision after end of term of detention and training order
  268. 248 Detention and training orders: interpretation
  269. 249 Sentence of detention under section 250: availability
  270. 250 Sentence of detention: offender convicted of certain serious offences
  271. 251 Exercise of power to impose sentence of detention under section 250
  272. 252 Maximum sentence
  273. 252A Required special sentence of detention for certain offenders of particular concern
  274. 253 Sentence of detention passed on offender subject to detention and training order
  275. 254 Extended sentence for certain violent, sexual or terrorism offences
  276. 255 Extended sentence of detention: availability
  277. 256 Term of extended sentence of detention under section 254
  278. 257 Extended sentence under section 254 where offender subject to detention and training order
  279. 258 Required sentence of detention for life for offence carrying life sentence
  280. 258A Required sentence of detention for life for manslaughter of emergency worker
  281. 259 Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure
  282. 260 Detention under section 250 , 252A or 259
  283. 261 Detention in pursuance of extended sentence
  284. 262 Detention in a young offender institution for offender at least 18 but under 21
  285. 263 Term of detention in a young offender institution
  286. 264 Suspended sentence order for offender under 21: availability
  287. 264A Presumption of suspended sentence order: offender under 21
  288. 265 Required special sentence for certain offenders of particular concern
  289. 266 Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences
  290. 267 Extended sentence of detention in a young offender institution: availability
  291. 268 Term of extended sentence of detention in a young offender institution
  292. 268A Serious terrorism sentence of detention in a young offender institution
  293. 268B Serious terrorism sentence of detention in a young offender institution: circumstances in which required
  294. 268C Term of serious terrorism sentence of detention in a young offender institution
  295. 269 Detention in a young offender institution: consecutive sentences
  296. 270 Sentence of detention in a young offender institution where offender subject to detention and training order
  297. 271 Detention in a young offender institution: place of detention
  298. 272 Offences other than murder
  299. 273 Custody for life for second listed offence
  300. 274 Required sentence of custody for life for offence carrying life sentence
  301. 274A Required sentence of custody for life for manslaughter of emergency worker
  302. 275 Duty to impose custody for life for offence of murder
  303. 276 Custody for life: place of detention
  304. 277 Suspended sentence order for person aged 21 or over: availability
  305. 277A Presumption of suspended sentence order: person aged 21 or over
  306. 278 Required special custodial sentence for certain offenders of particular concern
  307. 279 Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over
  308. 280 Extended sentence of imprisonment: availability
  309. 281 Term of extended sentence of imprisonment
  310. 282 Extended sentences for offences committed before 4 April 2005
  311. 282A Serious terrorism sentence of imprisonment: persons 21 or over
  312. 282B Serious terrorism sentence of imprisonment: circumstances in which required
  313. 282C Term of serious terrorism sentence of imprisonment
  314. 283 Life sentence for second listed offence
  315. 284 Required life sentence where second offence committed before 4 April 2005
  316. 285 Required life sentence for offence carrying life sentence
  317. 285A Required life sentence for manslaughter of emergency worker
  318. 286 Suspended sentence order
  319. 287 Suspended sentence order: community requirements table
  320. 288 Operational period and supervision period
  321. 289 Suspended sentence to be treated generally as sentence of imprisonment etc
  322. 290 Suspended sentence order: available community requirements
  323. 291 Suspended sentence order: availability of particular requirements
  324. 292 Suspended sentence order: exercise of power to impose requirements
  325. 293 Power to provide for review of suspended sentence order
  326. 293A Review of suspended sentence order qualifying for special procedures
  327. 294 Review hearings: power to amend community requirements etc
  328. 295 Suspended sentence order: alteration of periodic review arrangements
  329. 296 Order to specify offender's home local justice area
  330. 297 Power to direct magistrates' court supervision of order
  331. 298 Provision of copies of order and related documents
  332. 299 Responsible officer
  333. 300 Obligations of responsible officer
  334. 301 Duty of offender to keep in touch with responsible officer etc
  335. 302 Duty to obtain permission before changing residence
  336. 303 Breach or amendment of suspended sentence order, and effect of further conviction
  337. 304 Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements
  338. 305 Suspended sentences: interpretation
  339. 306 Extended sentences: meaning of “specified offence” etc
  340. 307 Life sentences: meaning of “Schedule 19 offence”
  341. 308 The assessment of dangerousness
  342. 309 Appeals where previous convictions set aside or previous sentences modified
  343. 310 Certificates of conviction
  344. 311 Minimum sentence for certain offences involving firearms that are prohibited weapons
  345. 312 Minimum sentence for offences of threatening with weapon or bladed article
  346. 313 Minimum sentence of 7 years for third class A drug trafficking offence
  347. 314 Minimum sentence of 3 years for third domestic burglary
  348. 315 Minimum sentence for repeat offence involving weapon or bladed article or corrosive substance
  349. 316 Appeals where previous convictions set aside
  350. 317 Certificates of conviction for purposes of sections 313 and 314
  351. 318 Offences under service law
  352. 319 Mandatory sentence requirement not to affect power to impose fine
  353. 320 Determination of day when offence committed
  354. 321 Life sentence: minimum term order or whole life order
  355. 322 Mandatory life sentences: further provision
  356. 323 Minimum term order: other life sentences
  357. 324 Life sentences: interpretation
  358. 325 Time on bail under certain conditions: declaration by court
  359. 326 Section 325: interpretation
  360. 327 Period in custody awaiting extradition: declaration by court
  361. 328 Power of court to recommend licence conditions for adults sentenced to term of 12 months or more
  362. 329 Conversion of sentence of detention to sentence of imprisonment
  363. 330 Criminal behaviour order
  364. 331 Power to make criminal behaviour order
  365. 332 Proceedings on an application for an order
  366. 333 Requirements included in orders
  367. 334 Duration of order etc
  368. 335 Interim order
  369. 336 Variation or discharge of order
  370. 337 Review of orders: offenders aged under 18
  371. 338 Carrying out and participating in reviews
  372. 339 Breach of order
  373. 340 Special measures for witnesses
  374. 341 Guidance
  375. 342 Offender aged under 18: parenting order where criminal behaviour order made
  376. 342A Power to make serious violence reduction order
  377. 342B Meaning of “serious violence reduction order”
  378. 342C Serious violence reduction orders: additional requirements etc
  379. 342D Duration of serious violence reduction orders
  380. 342E Serious violence reduction orders: powers of constables
  381. 342F Retention and disposal of things seized under section 342E
  382. 342G Offences relating to a serious violence reduction order
  383. 342H Variation, renewal or discharge of serious violence reduction order
  384. 342I Appeal against serious violence reduction order etc
  385. 342J Guidance
  386. 342K Guidance: Parliamentary procedure
  387. 342L Serious violence reduction orders: interpretation
  388. 343 Sexual harm prevention order
  389. 344 Meaning of “sexual harm”
  390. 345 Sexual harm prevention order: availability on conviction
  391. 346 Exercise of power to make sexual harm prevention order
  392. 347 Sexual harm prevention orders: matters to be specified
  393. 347A Sexual harm prevention orders: requirements included in order etc.
  394. 348 Sexual harm prevention orders: prohibitions on foreign travel
  395. 349 Making of sexual harm prevention order: effect on other orders
  396. 350 Sexual harm prevention orders: variations, renewals and discharges
  397. 351 Variation , renewal or discharge of sexual harm prevention order by court in Northern Ireland
  398. 351A Variation, renewal or discharge of sexual harm prevention order by court in Scotland
  399. 352 Sexual harm prevention orders: notification requirements
  400. 353 Sexual harm prevention orders: appeals
  401. 354 Offence: breach of sexual harm prevention order
  402. 355 Parenting order where sexual harm prevention order made in case of offender aged under 18
  403. 356 Sexual harm prevention orders: supplementary
  404. 357 Disapplication of time limit for complaints
  405. 358 Sexual harm prevention orders: interpretation
  406. 358I Special measures for witnesses
  407. 359 Restraining order
  408. 360 Restraining order: availability
  409. 361 Procedure for varying or discharging restraining order
  410. 362 Evidence in proceedings relating to restraining orders
  411. 363 Offence of breaching restraining order
  412. 364 Restraining orders: meaning of “conduct” and “harassment”
  413. 365 Parenting order
  414. 366 Parenting order where offender is under 18
  415. 367 Report where court proposes both parenting order and referral order
  416. 368 Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel
  417. 369 Parenting order in respect of certain offences under Education Act 1996
  418. 370 Parenting order: availability
  419. 371 Parenting order: references where local authority has parental responsibility
  420. 372 Making a parenting order
  421. 373 Directions by the responsible officer
  422. 374 Discharge and variation of parenting order
  423. 375 Offence of failure to comply with a requirement of a parenting order
  424. 376 Binding over of parent or guardian
  425. 377 Binding over of parent or guardian: appeals, variations and revocations
  426. 378 Other powers of the court to bind over to keep the peace
  427. 378A Domestic abuse protection orders
  428. 379 Other behaviour orders etc
  429. 380 Order for parent or guardian to pay fine, costs, compensation or surcharge
  430. 381 Costs awarded against offender under 18: payment by parent or guardian
  431. 382 Power to determine financial circumstances of offender's parent or guardian
  432. 383 Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation
  433. 384 Commencement of sentence
  434. 385 Alteration of Crown Court sentence
  435. 386 Deportation recommendations
  436. 387 Failure by offender to provide agreed assistance: review of sentence
  437. 388 Review of sentence following subsequent agreement for assistance by offender
  438. 389 References under sections 387 and 388: appeals
  439. 390 Proceedings under section 387 or 388: exclusion of public
  440. 391 Proceedings under section 387 or 388: use of live link
  441. 392 Interpretation of Chapter
  442. 393 Power of magistrates' court to dispense with recognizance
  443. 394 Rules relating to community orders and suspended sentence orders etc
  444. 395 Data from electronic monitoring: code of practice
  445. 395A Community and suspended sentence orders qualifying for special procedures
  446. 396 Execution of process between England and Wales and Scotland
  447. 397 Interpretation: general
  448. 398 Ancillary and inchoate offences
  449. 399 Mandatory sentences
  450. 400 Meaning of “associated offence”
  451. 401 Meaning of “sentence”
  452. 402 Powers to re-sentence
  453. 403 References to “local authority”
  454. 404 References to parent or guardian of offender where local authority has parental responsibility
  455. 405 Age of the offender
  456. 406 Offender reaching 18 during proceedings
  457. 407 Regulations and rules
  458. 408 Amendments of the Sentencing Code etc
  459. 409 Powers to amend the Sentencing Code
  460. 410 Consequential amendments
  461. 411 Armed forces
  462. 412 Transitional provisions and savings
  463. 413 Repeals and revocations
  464. 414 Extent
  465. 415 Channel Islands, Isle of Man and British overseas territories
  466. 416 Commencement
  467. 417 Commencement of Schedule 22
  468. 418 Commencement of Schedule 26
  469. 419 Power to state effect of commencement provisions
  470. 420 Short title
  471. SCHEDULE A1 Offences where terrorist connection not required to be considered
  472. SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered
  473. SCHEDULE 2 Order for conditional discharge: commission of further offence
  474. SCHEDULE 3 Youth offender contract: programme of behaviour
  475. SCHEDULE 4 Referral order: further court proceedings
  476. SCHEDULE 5 Breach, revocation and amendment of reparation order
  477. SCHEDULE 6 Youth rehabilitation orders: requirements
  478. SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order
  479. SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland
  480. SCHEDULE 9 Community orders and suspended sentence orders: requirements
  481. SCHEDULE 10 Breach, revocation , termination or amendment of community order
  482. SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland
  483. SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences
  484. SCHEDULE 13 Special sentence for offenders of particular concern: offences
  485. SCHEDULE 14 Extended sentences: the earlier offence condition: offences
  486. SCHEDULE 15 Life sentence for second offence: listed offences
  487. SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction
  488. SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland
  489. SCHEDULE 17A Serious terrorism offences
  490. SCHEDULE 18 Specified offences for purposes of section 306
  491. SCHEDULE 19 Schedule 19 offences
  492. SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences
  493. SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc
  494. SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation
  495. SCHEDULE 23 Powers to amend the Sentencing Code
  496. SCHEDULE 24 Consequential amendments
  497. SCHEDULE 25 Amendments to the Armed Forces Act 2006
  498. SCHEDULE 26 Further amendments of the Armed Forces Act 2006
  499. SCHEDULE 27 Transitional provisions and savings
  500. SCHEDULE 28 Repeals and revocations
  501. SCHEDULE 29 Repeals and revocations for England and Wales

Proposed changes to this act

No one has proposed a change to this act yet.

501 provisions

259 Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure

(1) This section applies where— (a) a court is dealing with a person convicted of— (i) murder, or (ii) any other offence the sentence for which is fixed by law as life imprisonment, and (b) the person appears to the court to have been aged under 18 at the time the offence was committed. (2) The court must sentence the offender to be detained during Her Majesty's pleasure. (3) Subsection (2) applies notwithstanding anything in this or any other Act.

Propose a change

260 Detention under section 250 , 252A or 259

(1) Detention under section 250 , 252A or 259 is to be in such place and under such conditions— (a) as the Secretary of State may direct, or (b) as the Secretary of State may arrange with any person. (2) A person detained pursuant to directions or arrangements made by the Secretary of State under this section is deemed to be in legal custody.

Propose a change

261 Detention in pursuance of extended sentence

Detention under section 254 (extended sentence of detention) is to be in a place and under conditions determined by, or by a person authorised for the purpose by, the Secretary of State.

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262 Detention in a young offender institution for offender at least 18 but under 21

(1) A sentence of detention in a young offender institution is available to a court dealing with an offender for an offence where— (a) the offender is aged at least 18 but under 21 when convicted, (b) the offence is punishable by that court with imprisonment in the case of a person aged 21 or over, and (c) the court is not required to pass a sentence of— (i) detention during Her Majesty's pleasure (see section 259), or (ii) custody for life (see sections 272 and 275). (2) Where— (a) a sentence of detention in a young offender institution is available, and (b) the court is not required to impose such a sentence, the power of the court to impose such a sentence is subject (in particular) to section 230 (threshold for imposing discretionary custodial sentence). (3) For circumstances in which a court is required to impose a sentence of detention in a young offender institution, see the provisions mentioned in— (a) section 399(ba) (serious terrorism sentences); (b) section 399(c) (mandatory minimum sentences).

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263 Term of detention in a young offender institution

(1) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over. (2) The minimum term of a sentence of detention in a young offender institution is 21 days. (3) Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a sentence of detention in a young offender institution. (4) For further provision about the term of a sentence of detention in a young offender institution, see— (a) section 265 (special sentence for certain offenders of particular concern); (b) section 268 (extended sentence). (c) section 268B (serious terrorism sentence).

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264 Suspended sentence order for offender under 21: availability

(1) This section applies where, in dealing with an offender for an offence, the court imposes a sentence of detention in a young offender institution. (2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of detention in a young offender institution is not more than the maximum term. (2A) But a suspended sentence order is not available in relation to that sentence if— (a) in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or (b) in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies. (3) This subsection applies if— (a) the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion which are to be served consecutively, and (b) the terms of those sentences are in aggregate more than the maximum term. (3A) This subsection applies if— (a) the court imposes a sentence under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of the offence, or (b) the court imposes a sentence under either of those sections or under section 278 (adult offenders of particular concern aged 21 and over) or 279 (extended sentence for adults aged 21 or over) in respect of any other offence for which a sentence is imposed on the same occasion. (3B) For the purposes of this section— (a) if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years; (b) if the offender is convicted of the offence on or after that day, the maximum term is 3 years. (4) For provision about suspended sentences see Chapter 5 .

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264A Presumption of suspended sentence order: offender under 21

(1) This section applies where the court imposes a sentence of detention in a young offender institution for an offence where— (a) the offender is aged at least 18 but under 21 when convicted of the offence, (b) the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force, (c) the term of the sentence is not more than 12 months, and (d) a suspended sentence order is available in relation to that sentence (see section 264). (2) The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and (b) justify not making the order. (3) But this section does not apply if— (a) when the sentence is imposed the offender is in custody— (i) pursuant to a custodial sentence or a pre-Code custodial sentence, (ii) having been remanded in custody in connection with another offence which is not an associated offence, or (iii) having been committed to custody by an order of a court, (b) when the sentence is imposed the offender is in custody— (i) pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), (ii) pursuant to an order under section 214 of that Act (detention for commission of offence during currency of detention and training order etc), (iii) having been kept in service custody in connection with another offence which is not an associated offence, (iv) having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or (v) having been committed to custody by an order of a service court, (c) when the sentence is imposed the offender is detained in a hospital pursuant to— (i) a hospital order within the meaning of section 37 of the Mental Health Act 1983, (ii) an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or (iii) a direction under section 45A or 47 of the Mental Health Act 1983, (d) the sentence of detention in a young offender institution is one of two or more sentences imposed on the same occasion where— (i) the term of any of those sentences is more than 12 months, or (ii) those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months, (e) the offence, or an associated offence, is an offence— (i) in respect of which the offender is, or has been, subject to a supervision order, and (ii) for which the court is re-sentencing the offender, (f) the offence, or an associated offence, was committed while the offender was subject to a supervision order, (g) the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of— (i) an order of a court, or (ii) an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or (h) the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm. (4) For the purposes of subsection (3)(a)(ii), a person is remanded in custody if— (a) remanded in or committed to custody by order of a court, (b) remanded to youth detention accommodation under section 91(4) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (remands of children otherwise than on bail), or (c) remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983. (5) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h). (6) Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply. (7) In this section— “order of a court” includes an order of a tribunal; “supervision order” means any of the following— a community order; a detention and training order; an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act); a referral order; a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act); a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act); a suspended sentence order; a youth rehabilitation order.

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265 Required special sentence for certain offenders of particular concern

(1) This section applies where a court imposes a sentence of detention in a young offender institution for an offence where— (a) the offence is listed in Schedule 13, (aa) if the offence is listed in Part 3 of that Schedule (offences involving or connected with a threat to national security), the offender was convicted of the offence on or after the day on which section 7(4) of the Sentencing Act 2026 came into force, (b) the offender— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) is aged at least 18 but under 21 when convicted of the offence, and (c) the court does not impose any of the following for the offence (or for an offence associated with it)— (i) an extended sentence under section 266, (ia) a serious terrorism sentence under section 268A, or (ii) a sentence of custody for life under section 272. (1A) But this section does not apply if— (a) the offender was aged under 18 when the offence was committed, and (b) the offence— (i) if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism), was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or (ia) if listed in Part 3 of Schedule 13, was committed before the day on which section 7(4) of the Sentencing Act 2026 came into force, (ii) is listed in Part 2 of Schedule 13 (sexual offences). (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 in the case of a person aged 21 or over. (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. (4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days. (5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.

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266 Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences

An extended sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of— (a) the appropriate custodial term (see section 268), and (b) a further period (the “extension period”) for which the offender is to be subject to a licence.

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267 Extended sentence of detention in a young offender institution: availability

(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 , 274 or 274A to impose a sentence of custody for life, (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 Part 1, 2 or 3 of Schedule 14. (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.

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268 Term of extended sentence of detention in a young offender institution

(1) This section applies where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266. (2) The appropriate custodial term is the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence. (3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences. This is subject to subsections (4) and (5). (4) The extension period must— (a) be at least 1 year, and (b) not exceed— (i) 5 years in the case of a specified violent offence (unless sub-paragraph (iii) applies); or (ii) 8 years in the case of a specified sexual offence or a specified terrorism offence (unless sub-paragraph (iii) applies); (iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 17 of the Counter-Terrorism and Sentencing Act 2021 comes into force. See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” and “specified terrorism offence” , “specified terrorism offence” and “serious terrorism offence”. (5) The term of the extended sentence must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

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268A Serious terrorism sentence of detention in a young offender institution

A serious terrorism sentence of detention in a young offender institution is a sentence of detention in a young offender institution the term of which is equal to the aggregate of— (a) the appropriate custodial term (see section 268C), and (b) a further period (the “extension period”) for which the offender is to be subject to a licence.

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268B Serious terrorism sentence of detention in a young offender institution: circumstances in which required

(1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where— (a) the offence was committed on or after the day on which section 4 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) the offender was aged 18 or over when the offence was committed, (c) the offender is aged under 21 when convicted of the offence, (d) 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 serious terrorism offences or other specified offences (see section 308), (e) the court does not impose a sentence of custody for life, and (f) the risk of multiple deaths condition is met. (2) The court must impose a serious terrorism sentence of detention in a young offender institution under section 268A unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) The risk of multiple deaths condition is that the court is of the opinion that— (a) either— (i) the serious terrorism offence, or (ii) the combination of the offence and one or more offences associated with it, was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and (b) the offender was, or ought to have been, aware of that likelihood. (4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred. (5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days. (6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).

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268C Term of serious terrorism sentence of detention in a young offender institution

(1) This section applies where the court dealing with an offender is required by section 268B to impose a serious terrorism sentence of detention in a young offender institution under section 268A. (2) The appropriate custodial term is— (a) 14 years, or (b) if longer, the term of detention in a young offender institution that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence (or an extended sentence or a sentence under section 265). (3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences. This is subject to subsection (4). (4) The extension period must— (a) be at least 7 years, and (b) not exceed 25 years.

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269 Detention in a young offender institution: consecutive sentences

(1) Where— (a) an offender is convicted of more than one offence for which a sentence of detention in a young offender institution is available, or (b) an offender who is serving a sentence of detention in a young offender institution is convicted of one or more further offences for which a sentence of detention in a young offender institution is available, the court has the same power to pass consecutive sentences of detention in a young offender institution as if they were sentences of imprisonment. (2) Where an offender who— (a) is serving a sentence of detention in a young offender institution, and (b) is aged 21 or over, is convicted of one or more further offences for which the offender is liable to imprisonment, the court has the power to pass one or more sentences of imprisonment to run consecutively upon the sentence of detention in a young offender institution. This is subject to section 225 (restriction on consecutive sentences for released prisoners).

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270 Sentence of detention in a young offender institution where offender subject to detention and training order

(1) This section applies where the court imposes a sentence of detention in a young offender institution in the case of an offender who is subject to a relevant detention and training order. (2) If the offender has not at any time been released for supervision under the detention and training order, the court may order that the sentence of detention in a young offender institution is to take effect at the time when the offender would otherwise be released under the relevant detention and training order (see section 248(5)). (3) Otherwise, the sentence of detention in a young offender institution takes effect at the beginning of the day on which it is passed. (4) In this section “relevant detention and training order” means— (a) a detention and training order under section 233, (b) an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or (c) an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).

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271 Detention in a young offender institution: place of detention

(1) An offender sentenced to detention in a young offender institution is to be detained in a young offender institution unless a direction under subsection (2) is in force in relation to the offender. This is subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc). (2) The Secretary of State may from time to time direct that an offender sentenced to detention in a young offender institution is to be detained in a prison instead of a young offender institution.

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272 Offences other than murder

(1) This section applies where a person aged at least 18 but under 21 is convicted of an offence for which the sentence is not fixed by law. (2) The court must sentence the offender to custody for life if— (a) the offence is punishable in the case of a person aged 21 or over with imprisonment for life, and the court considers that a sentence for life would be appropriate, or (b) the court is required by section 273 , 274 or 274A to impose a sentence of custody for life. (3) Sections 230 (threshold for imposing discretionary custodial sentence) and 231 (length of discretionary custodial sentences: general provision), in particular, apply for the purposes of subsection (2)(a).

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273 Custody for life for second listed offence

(1) Subsection (3) applies where— (a) a court is dealing with an offender for an offence (“the index offence”) that is listed in Part 1 of Schedule 15, (b) the index offence was committed on or after the relevant date, (c) the offender is aged 18 or over but under 21 when convicted of the index offence, and (d) the sentence condition and the previous offence condition are met. (2) In subsection (1)(b), “relevant date”, in relation to an offence, means the date specified for that offence in Part 1 of Schedule 15. (3) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are particular circumstances which— (a) relate to— (i) the index offence, (ii) the previous offence referred to in subsection (5), or (iii) the offender, and (b) would make it unjust to do so in all the circumstances. (4) The sentence condition is that, but for this section, the court would impose a sentence of detention in a young offender institution for 10 years or more, disregarding any extension period that it would impose under section 266. Sections 230(2) and 231(2) apply for this purpose. (5) The previous offence condition is that— (a) when the index offence was committed, the offender had been convicted of an offence (“the previous offence”) listed in Schedule 15, and (b) a relevant life sentence or a relevant sentence of detention for a determinate period was imposed on the offender for the previous offence. (6) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the index offence was committed. (7) A life sentence is relevant for the purposes of subsection (5)(b) if— (a) the offender was not eligible for release during the first 5 years of the sentence, or (b) the offender would not have been eligible for release during that period but for the reduction of the period of ineligibility to take account of a relevant pre-sentence period. (8) An extended sentence imposed under the Criminal Justice Act 2003 or this Code (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (5)(b) if the appropriate custodial term imposed was 10 years or more. (9) Any other extended sentence is relevant for the purposes of subsection (5)(b) if the custodial term imposed was 10 years or more. (10) Any other sentence of detention for a determinate period is relevant for the purposes of subsection (5)(b) if it was for a period of 10 years or more. (11) An extended sentence or other sentence of detention is also relevant if it would have been relevant under subsection (9) or (10) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period. (12) For the purposes of subsections (5) to (11)— “extended sentence” means— a sentence imposed under section 254 or 266 (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006), or a sentence imposed under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 (including one imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006), or an equivalent sentence imposed under the law of Scotland or Northern Ireland; “life sentence” means— a sentence of detention for life under— section 250, section 91 of the Powers of Criminal Courts (Sentencing) Act 2000, or section 209 of the Armed Forces Act 2006, a sentence of detention during Her Majesty's pleasure under— section 259, section 90 of the Powers of Criminal Courts (Sentencing) Act 2000, or section 218 of the Armed Forces Act 2006, or a sentence of custody for life under— section 272 or 275 (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006), or section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (including one passed as a result of paragraph 6 or 7 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)), or an equivalent sentence imposed under the law of Scotland or Northern Ireland; “relevant pre-sentence period”, in relation to the previous offence referred to in subsection (5), means any period which the offender spent in custody or on bail before the sentence for that offence was imposed; “sentence of detention” includes any sentence of a period in custody (however expressed). (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State— (a) “extended sentence”, and (b) “life sentence”. (13) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (14) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (1)(b), (5)(a) and (6) to have been committed on the last of those days.

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274 Required sentence of custody for life for offence carrying life sentence

(1) This section applies where a court is dealing with an offender for an offence where— (a) the offender is aged 18 or over but under 21 when convicted of the offence, (b) the offence is a Schedule 19 offence (see section 307), and (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 sections 306(1) and 308). (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) If the court considers that the seriousness of— (a) the offence, or (b) the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of custody for life, the court must impose a sentence of custody for life under section 272. (4) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

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274A Required sentence of custody for life for manslaughter of emergency worker

(1) This section applies where— (a) a person aged 18 or over but under 21 is convicted of a relevant offence, (b) the offence was committed— (i) when the person was aged 16 or over, and (ii) on or after the relevant commencement date, and (c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker. (2) The court must impose a sentence of custody for life under section 272 unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or the offender, and (b) justify not doing so. (3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. (4) In this section “relevant offence” means the offence of manslaughter, but does not include— (a) manslaughter by gross negligence, or (b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder). (5) In this section— “emergency worker” has the meaning given by section 68; “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force. (6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

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275 Duty to impose custody for life for offence of murder

(1) Where a person aged under 21 is convicted of— (a) murder, or (b) any other offence the sentence for which is fixed by law as life imprisonment, the court must sentence the offender to custody for life. (2) Subsection (1) does not apply where the offender is liable to be detained under section 259 (detention at Her Majesty's pleasure for offender under 18).

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276 Custody for life: place of detention

(1) An offender sentenced to custody for life is to be detained in a young offender institution unless a direction under subsection (2) is in force in relation to the offender. This is subject to section 22(2)(b) of the Prison Act 1952 (removal to hospital etc). (2) The Secretary of State may from time to time direct that an offender sentenced to custody for life is to be detained in a prison instead of a young offender institution.

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277 Suspended sentence order for person aged 21 or over: availability

(1) This section applies where, in dealing with an offender for an offence, a court passes a sentence of imprisonment. (2) A suspended sentence order (see section 286) is available in relation to that sentence if the term of the sentence of imprisonment is— (a) at least 14 days, but (b) not more than the maximum term. (2A) But a suspended sentence order is not available in relation to that sentence if— (a) in a case where the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, subsection (3) applies, or (b) in a case where the offender is convicted of the offence on or after that day, subsection (3) or (3A) applies. (3) This subsection applies if— (a) the sentence of imprisonment is one of two or more sentences imposed on the same occasion which are to be served consecutively, and (b) the terms of those sentences are in aggregate more than the maximum term. (3A) This subsection applies if— (a) the court imposes a sentence under section 278 (adult offenders of particular concern aged 21 or over) or 279 (extended sentence for adults aged 21 or over) in respect of the offence, or (b) the court imposes a sentence under either of those sections or under section 265 (adult offenders of particular concern aged under 21) or 266 (extended sentence for adults aged under 21) in respect of any other offence for which a sentence is imposed on the same occasion. (3B) For the purposes of this section— (a) if the offender is convicted of the offence before the day on which section 2 of the Sentencing Act 2026 comes into force, the maximum term is 2 years; (b) if the offender is convicted of the offence on or after that day, the maximum term is 3 years. (4) For provision about suspended sentences, see Chapter 5 .

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277A Presumption of suspended sentence order: person aged 21 or over

(1) This section applies where the court imposes a sentence of imprisonment for an offence where— (a) the offender is aged 21 or over when convicted of the offence, (b) the offender is convicted of the offence on or after the day on which section 1 of the Sentencing Act 2026 came into force, (c) the term of the sentence is not more than 12 months, and (d) a suspended sentence order is available in relation to that sentence (see section 277). (2) The court must make a suspended sentence order in relation to the sentence where this section applies unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence (or the combination of the offence and one or more offences associated with it) or the offender, and (b) justify not making the order. (3) But this section does not apply if— (a) when the sentence is imposed the offender is in custody— (i) pursuant to a custodial sentence or a pre-Code custodial sentence, (ii) having been remanded in custody in connection with another offence which is not an associated offence, or (iii) having been committed to custody by an order of a court, (b) when the sentence is imposed the offender is in custody— (i) pursuant to a sentence of service detention, or a custodial sentence, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), (ii) having been kept in service custody in connection with another offence which is not an associated offence, (iii) having been remanded or admitted to hospital under section 35, 36 or 38 of the Mental Health Act 1983 as the section in question has effect by virtue of Schedule 4 to the Armed Forces Act 2006, (iv) having been committed to custody by an order of a service court, or (v) pursuant to a pre-Armed Forces Act 2006 custodial sentence, (c) when the sentence is imposed the offender is detained in a hospital pursuant to— (i) a hospital order within the meaning of section 37 of the Mental Health Act 1983, (ii) an order under section 37 of that Act as it has effect by virtue of Schedule 4 to the Armed Forces Act 2006, or (iii) a direction under section 45A or 47 of the Mental Health Act 1983, (d) the sentence of imprisonment is one of two or more sentences imposed on the same occasion where— (i) the term of any of those sentences is more than 12 months, or (ii) those sentences are to be served consecutively and the terms of those sentences are in aggregate more than 12 months, (e) the offence, or an associated offence, is an offence— (i) in respect of which the offender is, or has been, subject to a supervision order, and (ii) for which the court is re-sentencing the offender, (f) the offence, or an associated offence, was committed while the offender was subject to a supervision order, (g) the commission of the offence, or an associated offence, constituted, or occurred in circumstances closely connected with, a breach by the offender of— (i) an order of a court, or (ii) an order or award (whether or not of a court) made (anywhere) in proceedings in respect of a service offence within the meaning of the Armed Forces Act 2006, or (h) the court is of the opinion that making the order would put a particular individual at significant risk of physical or psychological harm. (4) For the purposes of subsection (3)(a)(ii), a person is remanded in custody if— (a) remanded in or committed to custody by order of a court, or (b) remanded, admitted or removed to hospital under section 35, 36, 38, 44 or 48 of the Mental Health Act 1983. (5) For the purposes of subsection (3)(b)(v), “pre-Armed Forces Act 2006 custodial sentence” means any of the following— (a) a sentence of imprisonment passed by— (i) a court-martial, (ii) a Standing Civilian Court, (iii) the Court Martial Appeal Court before 31 October 2009, or (iv) the House of Lords or the Supreme Court, before 31 October 2009, on an appeal brought from a decision of the Court Martial Appeal Court; (b) a sentence of custody for life under section 71A(1A) or (1B) of the Army Act 1955 or the Air Force Act 1955 or section 43A(1A) or (1B) of the Naval Discipline Act 1957; (c) a sentence of detention during Her Majesty’s pleasure under section 71A(3) of the Army Act 1955 or the Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957; (d) a sentence of detention under section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957; (e) a custodial order under— (i) section 71AA of, or paragraph 10 of Schedule 5A to, the Army Act 1955 or Air Force Act 1955, or (ii) section 43AA of, or paragraph 10 of Schedule 4A to, the Naval Discipline Act 1957. (6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinions mentioned in subsections (2) and (3)(h). (7) Nothing in this section affects the court’s power to impose a suspended sentence order in a case where this section does not apply. (8) In this section— “order of a court” includes an order of a tribunal; “supervision order” means any of the following— a community order; a detention and training order; an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act); a referral order; a service community order, or an overseas community order, within the meaning of the Armed Forces Act 2006 (see section 374 of that Act); a suspended sentence of service detention within the meaning of the Armed Forces Act 2006 (see section 190 of that Act); a suspended sentence order; a youth rehabilitation order.

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278 Required special custodial sentence for certain offenders of particular concern

(1) This section applies where the court imposes a sentence of imprisonment for an offence where— (a) the offence is listed in Schedule 13, (aa) if the offence is listed in Part 3 of that Schedule (offences involving or connected with a threat to national security), the offender was convicted of the offence on or after the day on which section 7(5) of the Sentencing Act 2026 came into force, (b) the person— (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ii) is aged 21 or over when convicted of the offence, and (c) the court does not impose any of the following for the offence (or for an offence associated with it)— (i) an extended sentence under section 279, (ia) a serious terrorism sentence under section 282A, or (ii) a sentence of imprisonment for life. (1A) But this section does not apply if— (a) the offender was aged under 18 when the offence was committed, and (b) the offence— (i) if listed in Part 1 of Schedule 13 (offences involving or connected with terrorism), was committed before the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force, or (ia) if listed in Part 3 of Schedule 13, was committed before the day on which section 7(5) of the Sentencing Act 2026 came into force, (ii) is listed in Part 2 of Schedule 13 (sexual offences). (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. (4) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1A) to have been committed on the last of those days. (5) In the case of an offence listed in paragraph 4(b) of Schedule 13, this section applies in relation to convictions on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.

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279 Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over

An extended sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of— (a) the appropriate custodial term (see section 281), and (b) a further period (the “extension period”) for which the offender is to be subject to a licence.

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280 Extended sentence of imprisonment: availability

(1) An extended sentence of imprisonment is available in respect of an offence where— (a) the offence is a specified offence (see section 306(1)), (b) the offender is aged 21 or over 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 283 , 285 or 285A to impose a sentence of imprisonment for life, (da) the court is not required by section 282B 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 Part 1, 2 or 3 of Schedule 14. (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 of imprisonment, the term that it would specify as the appropriate custodial term (see section 281) would be at least 4 years.

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281 Term of extended sentence of imprisonment

(1) This section applies where the court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279. (2) The appropriate custodial term is the term of imprisonment that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence of imprisonment. (3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences. This is subject to subsections (4) and (5). (4) The extension period must— (a) be at least 1 year, and (b) not exceed— (i) 5 years in the case of a specified violent offence (unless sub-paragraph (iii) applies); (ii) 8 years in the case of a specified sexual offence or a specified terrorism offence (unless sub-paragraph (iii) applies); (iii) 10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 18 of the Counter-Terrorism and Sentencing Act 2021 comes into force. See section 306(2) for the meanings of “specified violent offence”, “specified sexual offence” and “specified terrorism offence” , “specified terrorism offence” and “serious terrorism offence”. (5) The term of the extended sentence of imprisonment must not exceed the maximum term of imprisonment with which the offence is punishable.

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282 Extended sentences for offences committed before 4 April 2005

In section 280(1)(a) and section 281(4)(b), references to a specified offence, a specified violent offence, a specified sexual offence and a specified terrorism offence include an offence that— (a) was abolished before 4 April 2005, and (b) would have constituted such an offence if committed on the day on which the offender is convicted of the offence.

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282A Serious terrorism sentence of imprisonment: persons 21 or over

A serious terrorism sentence of imprisonment is a sentence of imprisonment the term of which is equal to the aggregate of— (a) the appropriate custodial term (see section 282C), and (b) a further period (the “extension period”) for which the offender is to be subject to a licence.

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282B Serious terrorism sentence of imprisonment: circumstances in which required

(1) Subsection (2) applies where a court is dealing with an offender for a serious terrorism offence (see section 306(2)) where— (a) the offence was committed on or after the day on which section 5 of the Counter-Terrorism and Sentencing Act 2021 came into force, (b) the offender was aged 18 or over when the offence was committed, (c) the offender is aged 21 or over when convicted of the offence, (d) 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 serious terrorism offences or other specified offences (see section 308), (e) the court does not impose a sentence of imprisonment for life, and (f) the risk of multiple deaths condition is met. (2) The court must impose a serious terrorism sentence of imprisonment under section 282A unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) The risk of multiple deaths condition is that the court is of the opinion that— (a) either— (i) the serious terrorism offence, or (ii) the combination of the offence and one or more offences associated with it, was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism (within the meaning of section 1 of the Terrorism Act 2000), and (b) the offender was, or ought to have been, aware of that likelihood. (4) It is irrelevant for the purposes of determining whether the risk of multiple deaths condition is met whether or not any death actually occurred. (5) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1) to have been committed on the last of those days. (6) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d).

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282C Term of serious terrorism sentence of imprisonment

(1) This section applies where the court dealing with an offender is required by section 282B to impose a serious terrorism sentence of imprisonment under section 282A. (2) The appropriate custodial term is— (a) 14 years, or (b) if longer, the term of imprisonment that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences) if the court did not impose a serious terrorism sentence of imprisonment (or an extended sentence or a sentence under section 278). (3) The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further serious terrorism offences or other specified offences. This is subject to subsection (4). (4) The extension period must— (a) be at least 7 years, and (b) not exceed 25 years.

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283 Life sentence for second listed offence

(1) Subsection (3) applies where— (a) a court is dealing with an offender for an offence (“the index offence”) that is listed in Part 1 of Schedule 15, (b) the index offence was committed on or after the relevant date, (c) the offender is aged 21 or over when convicted of the index offence, and (d) the sentence condition and the previous offence condition are met. (2) In subsection (1)(b), “relevant date”, in relation to an offence, means the date specified for that offence in Part 1 of Schedule 15. (3) The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are particular circumstances which— (a) relate to— (i) the index offence, (ii) the previous offence referred to in subsection (5), or (iii) the offender, and (b) would make it unjust to do so in all the circumstances. (4) The sentence condition is that, but for this section, the court would impose a sentence of imprisonment for 10 years or more, disregarding any extension period it would impose under section 279. Sections 230(2) and 231(2) apply for this purpose. (5) The previous offence condition is that— (a) when the index offence was committed, the offender had been convicted of an offence (“the previous offence”) listed in Schedule 15, and (b) a relevant life sentence or a relevant sentence of imprisonment or detention for a determinate period was imposed on the offender for the previous offence. (6) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the index offence was committed. (7) A life sentence is relevant for the purposes of subsection (5)(b) if— (a) the offender was not eligible for release during the first 5 years of the sentence, or (b) the offender would not have been eligible for release during that period but for the reduction of the period of ineligibility to take account of a relevant pre-sentence period. (8) An extended sentence imposed under the Criminal Justice Act 2003 or this Code (including one imposed as a result of the Armed Forces Act 2006) is relevant for the purposes of subsection (5)(b) if the appropriate custodial term imposed was 10 years or more. (9) Any other extended sentence is relevant for the purposes of subsection (5)(b) if the custodial term imposed was 10 years or more. (10) Any other sentence of imprisonment or detention for a determinate period is relevant for the purposes of subsection (5)(b) if it was for a period of 10 years or more. (11) An extended sentence or other sentence of imprisonment or detention is also relevant if it would have been relevant under subsection (9) or (10) but for the reduction of the sentence, or any part of the sentence, to take account of a relevant pre-sentence period. (12) For the purposes of subsections (5) to (11)— “extended sentence” means— a sentence under section 254, 266 or 279 (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006), a sentence under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003 (including one imposed as a result of section 219A, 220, 221A or 222 of the Armed Forces Act 2006), or a sentence under— section 85 of the Powers of Criminal Courts (Sentencing) Act 2000, or section 58 of the Crime and Disorder Act 1998, or an equivalent sentence imposed under the law of Scotland or Northern Ireland; “life sentence” means— a sentence of imprisonment for life; a sentence of detention for life under— section 250, section 91 of the Powers of Criminal Courts (Sentencing) Act 2000; section 53(3) of the Children and Young Persons Act 1933; section 209 of the Armed Forces Act 2006; section 71A(4) of the Army Act 1955 or Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957; a sentence of detention during Her Majesty's pleasure under— section 259, section 90 of the Powers of Criminal Courts (Sentencing) Act 2000, section 53(1) of the Children and Young Persons Act 1933, section 218 of the Armed Forces Act 2006, or section 71A(3) of the Army Act 1955 or Air Force Act 1955 or section 43A(3) of the Naval Discipline Act 1957; a sentence of custody for life under— section 272 or 275 (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006), section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (including one passed as a result of paragraph 6 or 7 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)), section 8 of the Criminal Justice Act 1982, or section 71A(1A) or (1B) of the Army Act 1955 or Air Force Act 1955 or section 43(1A) or (1B) of the Naval Discipline Act 1957; a sentence of imprisonment or detention in a young offender institution for public protection under section 225 of the Criminal Justice Act 2003 (including one passed as a result of section 219 of the Armed Forces Act 2006); a sentence of detention for public protection under section 226 of the Criminal Justice Act 2003 (including one passed as a result of section 221 of the Armed Forces Act 2006); or an equivalent sentence imposed under the law of Scotland or Northern Ireland; “relevant pre-sentence period”, in relation to the previous offence referred to in subsection (5), means any period which the offender spent in custody or on bail before the sentence for that offence was imposed; “sentence of imprisonment or detention” includes any sentence of a period in custody (however expressed). (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State— (a) “extended sentence”, and (b) “life sentence”. (13) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (14) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsections (1)(b), (5)(a) and (6) to have been committed on the last of those days.

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284 Required life sentence where second offence committed before 4 April 2005

For cases in which a sentence of life imprisonment must be imposed for an offence which— (a) is a second offence, and (b) was committed on or after 1 October 1997 but before 4 April 2005, see section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence for second serious offence), as it has effect by virtue of paragraph 5(2) of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950).

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285 Required life sentence for offence carrying life sentence

(1) This section applies where a court is dealing with an offender for an offence where— (a) the offender is aged 21 or over at the time of conviction, (b) the offence is a Schedule 19 offence (see section 307), (c) the offence was committed on or after 4 April 2005, and (d) 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 sections 306(1) and 308). (2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(d). (3) If the court considers that the seriousness of— (a) the offence, or (b) the offence and one or more offences associated with it, is such as to justify the imposition of a sentence of imprisonment for life, the court must impose a sentence of imprisonment for life. (4) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law.

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285A Required life sentence for manslaughter of emergency worker

(1) This section applies where— (a) a person aged 21 or over is convicted of a relevant offence, (b) the offence was committed— (i) when the person was aged 16 or over, and (ii) on or after the relevant commencement date, and (c) the offence was committed against an emergency worker acting in the exercise of functions as such a worker. (2) The court must impose a sentence of imprisonment for life unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or the offender, and (b) justify not doing so. (3) For the purposes of subsection (1)(c) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker. (4) In this section “relevant offence” means the offence of manslaughter, but does not include— (a) manslaughter by gross negligence, or (b) manslaughter mentioned in section 2(3) or 4(1) of the Homicide Act 1957 or section 54(7) of the Coroners and Justice Act 2009 (partial defences to murder). (5) In this section— “emergency worker” has the meaning given by section 68; “relevant commencement date” means the date on which section 3 of the Police, Crime, Sentencing and Courts Act 2022 (required life sentence for manslaughter of emergency worker) comes into force. (6) An offence the sentence for which is imposed under this section is not to be regarded as an offence the sentence for which is fixed by law. (7) Where an offence is found to have been committed over a period of 2 or more days, or at some time during a period of 2 or more days, it must be taken for the purposes of subsection (1)(b) to have been committed on the last of those days.

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286 Suspended sentence order

(1) A suspended sentence order is an order providing that a sentence of imprisonment or detention in a young offender institution in respect of an offence is not to take effect unless— (a) an activation event occurs, and (b) a court having power to do so subsequently orders under paragraph 13 of Schedule 16 that the sentence is to take effect. (2) A suspended sentence order may also specify one or more available community requirements with which the offender must comply during the supervision period. (3) An activation event occurs if the offender— (a) commits another offence in the United Kingdom during the operational period (whether or not punishable with imprisonment), or (b) during the supervision period, contravenes any community requirement imposed by the order. (4) The community requirements are listed in column 1 of the community requirements table (see section 287). (5) Provision about each requirement is made by the provisions of Schedule 9 mentioned in the corresponding entry in column 2 of that table. (6) In this Code— “suspended sentence order” has the meaning given by subsection (1); “suspended sentence” means a sentence to which a suspended sentence order relates. (7) In this Code, references to a community requirement of, or imposed by, a suspended sentence order are to a requirement specified in the order under subsection (2).

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287 Suspended sentence order: community requirements table

The community requirements table referred to in sections 286, 290 and 292 is— Requirement | Part of Schedule 9 relating to requirement | Restrictions on availability unpaid work requirement | Part 1 probation requirement | Part 2 programme requirement | Part 3 prohibited activity requirement | Part 4 driving prohibition requirement | Part 4A | section 291(A1) public event attendance prohibition requirement | Part 4B | section 291(B1) drinking establishment entry prohibition requirement | Part 4C | section 291(C1) curfew requirement | Part 5 exclusion requirement | Part 6 residence requirement | Part 7 foreign travel prohibition requirement | Part 8 mental health treatment requirement | Part 9 drug rehabilitation requirement | Part 10 drug testing requirement | Part 10A | section 291(3A) alcohol treatment requirement | Part 11 alcohol abstinence and monitoring requirement | Part 12 | section 291(1) or (2) attendance centre requirement | Part 13 | section 291(3) electronic compliance monitoring requirement | Part 14 | section 291(4) electronic whereabouts monitoring requirement | Part 14

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288 Operational period and supervision period

(1) A suspended sentence order must specify the operational period (see section 286(3)(a)). (2) The operational period must be a period, beginning with the day on which the order is made, of— (a) at least 6 months, and (b) not more than the maximum period. (2A) The maximum period for the purposes of subsection (2)(b) is 3 years if— (a) the term of the suspended sentence is more than 2 years, or (b) the suspended sentence is one of two or more sentences imposed on the same occasion which are to be served consecutively and the terms of those sentences are in aggregate more than 2 years. (2B) Otherwise the maximum period for the purposes of subsection (2)(b) is 2 years. (3) If a suspended sentence order imposes any community requirement or requirements, the order must specify the supervision period (see section 286(2)). (4) The supervision period specified must be a period, beginning with the day on which the order is made, of— (a) at least 6 months, and (b) not more than— (i) 2 years, or (ii) if less, the operational period. (5) But if the suspended sentence order imposes an unpaid work requirement, the supervision period— (a) continues until the offender has worked under the order for the number of hours specified in the order under paragraph 2(1) of Schedule 9, but (b) does not continue beyond the end of the operational period. (6) For provision about the termination of the supervision period, see paragraph 22A of Schedule 16.

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