Sentencing Act 2020

Restrictions and obligations relating to imposing particular requirements2The power to impose a particular community order requirement is subject to the provisions of the Part of Schedule 9 relating to requirements of that kind (see column 2 of the table in section 201).

Suitability of requirements3The particular community order requirement or community order requirements imposed by the order must, in the opinion of the court, be the most suitable for the offender.This is subject to subsection (10).4The pre-sentence report requirements (see section 30) apply to the court in relation to forming any opinion on whether a particular requirement or combination of requirements is suitable for the offender.5In forming its opinion for the purposes of subsection (3) on which requirement or combination of requirements is most suitable for the offender, the court may take into account any information about the offender which is before it.

Considerations of seriousness and punishment etc6The restrictions on liberty imposed by the order must be such as are in the opinion of the court commensurate with the seriousness of—athe offence, orbthe combination of the offence and one or more offences associated with it.This is subject to subsection (10).7In forming its opinion for the purposes of subsection (6), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.8The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.9The fact that, by virtue of subsection (6), particular restrictions on liberty may be imposed by a community order does not require the court to impose those restrictions.10The order must include at least one community order requirement imposed for the purpose of punishment.11Subsection (10) does not apply where—athe court also imposes a fine, orbthere are exceptional circumstances relating to the offence or to the offender which—iwould make it unjust in all the circumstances for the court to impose a requirement for the purpose of punishment in the particular case, andiiwould make it unjust in all the circumstances for the court to impose a fine for the offence concerned.

Compatibility with other matters12If the order imposes two or more different community order requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.13The court must ensure, so far as practicable, that any community order requirement imposed by the order is such as to avoid—aany conflict with the offender's religious beliefs,bany conflict with the requirements of any other court order to which the offender may be subject, andcany interference with the times, if any, at which the offender normally—iworks, oriiattends any educational establishment,and satisfies any additional restrictions that the Secretary of State may specify in regulations.14Regulations under subsection (13) are subject to the negative resolution procedure.

Making a community order

Community order to specify end date etc

209

• (1) A community order must specify a date (the “end date”) by which all the requirements in it must have been complied with.

• (2) The end date must not be more than 3 years after the date of the order.

• (3) If a community order imposes two or more different community order requirements—

• (a) the order may also specify, for each of the requirements, a date by which the requirement must have been complied with;

• (b) if it does so, the last of those dates must be the same as the end date.

• (4) Section 220 sets out the effect of the end date.

Community order to specify offender's home local justice area

210

• (1) A community order must specify which local justice area is the offender's home local justice area.

• (2) The area specified must be the local justice area in which the offender resides or will reside.

Power for Crown Court to direct magistrates' court supervision

211

• (1) Where the Crown Court makes a community order, it may include a direction that the order is to be subject to magistrates' court supervision.

• (2) Subsection (1) does not apply to a community order that qualifies for special procedures for the purposes of section 217A.

Provision of copies of community order and related documents

212

• (1) This section applies when a court makes a community order.

• (2) The court must forthwith provide copies of the order—

• (a) to the offender,

• (b) to the responsible officer,

• (c) to an officer of a provider of probation services that is a public sector provider who is acting at the court, and

• (d) if the court does not act in the offender's home local justice area, to a provider of probation services that is a public sector provider and is operating in that area.

• (3) If the order imposes any requirement specified in column 1 of the following table, the court must also forthwith provide the person specified in the corresponding entry in column 2 with a copy of so much of the order as relates to the requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
An electronic monitoring requirement	Any person without whose consent the requirement could not be included in the order.

• (4) If the court does not act in the offender's home local justice area, it must provide the magistrates' court acting in that area with—

• (a) a copy of the order, and

• (b) such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

• (5) In subsection (2) “public sector provider” means—

• (a) a probation trust or other public body, or

• (b) the Secretary of State.

Obligations of responsible officer and offender

The responsible officer

213

• (1) For the purposes of this Chapter, “the responsible officer”, in relation to an offender to whom a community order relates, means the person who is for the time being responsible for discharging the functions conferred by this Code on the responsible officer in accordance with arrangements made by the Secretary of State.

• (2) The responsible officer must be—

• (a) an officer of a provider of probation services, or

• (b) a person responsible for monitoring the offender in accordance with an electronic monitoring requirement imposed by the community order.

Obligations of responsible officer

214

• (1) This section applies where a community order is in force.

Functions of the responsible officer2The responsible officer must—amake any arrangements that are necessary in connection with the requirements imposed by the order, andbpromote the offender's compliance with those requirements.3This is subject to paragraph 16(6) of Schedule 9 (in-patient treatment under mental health treatment requirement).

Exercise of functions by responsible officer4The responsible officer must ensure, as far as practicable, that any instruction given by the responsible officer is such as to avoid—aany conflict with the offender's religious beliefs,bany conflict with the requirements of any other court order to which the offender may be subject, andcany interference with the times, if any, at which the offender normally—iworks, oriiattends any educational establishment,and satisfies any additional restrictions that the Secretary of State may specify in regulations.5Regulations under subsection (4) are subject to the negative resolution procedure.

Duty of offender to keep in touch with responsible officer etc

215

• (1) This section applies where a community order is in force.

• (2) In the case of any community order (whenever the offender was convicted), the offender—

• (a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the offender from time to time, and

• (b) must notify the responsible officer of—

• (i) any name which the offender uses but which is not mentioned in the community order, and

• (ii) each of the offender’s telephone numbers and email addresses (if any).

• (2ZA) The offender must comply with subsection (2)(b) in relation to a name, telephone number or email address as soon as reasonably practicable after the order is made or the person first uses that name or obtains that telephone number or email address.

• (3) An obligation under this section is enforceable as if it were a community order requirement of the community order.

• (4) The obligations under subsection (2) apply in relation to community orders made before (as well as those made after) section 192 of the Crime and Policing Act 2026 comes into force.

Duty of offender to obtain permission before changing residence

216

• (1) This section applies where a community order—

• (a) is in force, and

• (b) does not include a residence requirement imposed under paragraph 13 of Schedule 9.

• (2) The offender must not change residence except with permission given in accordance with this section by—

• (a) the responsible officer, or

• (b) a court.

• (3) This obligation has effect as if it were a community order requirement of the community order.

• (4) The appropriate court may, on an application made by the offender, give permission in a case in which the responsible officer has refused.

For this purpose, “appropriate court” has the same meaning as in Schedule 10 (see paragraph 1 of that Schedule).

• (5) A court may also give permission in any proceedings before it under Schedule 10 (breach or amendment of order etc).

• (6) The grounds on which the responsible officer or court may refuse an application for permission are that, in the opinion of the officer or court, the change in residence—

• (a) is likely to prevent the offender complying with a requirement imposed by the community order, or

• (b) would hinder the offender's rehabilitation.

• (7) The responsible officer must refuse an application for permission if—

• (a) the offender's present residence is in England or Wales, and

• (b) the offender's proposed residence is outside England and Wales.

• (8) For cases in which a community order has to be amended because of permission given under this section, see paragraph 16 of Schedule 10 (amendment to reflect change in local justice area).

Review

Power to provide for court review of community orders

217

• (1) The Secretary of State may by regulations—

• (a) enable or require a court making a community order to provide for the community order to be reviewed periodically by that or another court,

• (b) enable a court to amend a community order so as to include or remove a provision for review by a court, and

• (c) make provision as to the timing and conduct of reviews and as to the powers of the court on a review.

• (2) Regulations under this section may, in particular, make provision in relation to community orders corresponding to any provision made by sections 293 to 295 in relation to suspended sentence orders.

• (2A) Regulations under this section may not make provision in respect of community orders which for the purposes of section 217A qualify for special procedures.

• (3) Regulations under this section may repeal or amend any provision of this Chapter.

• (4) Regulations under this section are subject to the affirmative resolution procedure.

Review of community order qualifying for special procedures

217A

• (1) A community order that—

• (a) imposes one or more community order requirements, and

• (b) qualifies for special procedures for the purposes of this section,

may make provision for the order to be reviewed periodically (“provision for review”).

• (2) Where a community order contains provision for review under this section, it must—

• (a) specify the intervals at which the order is to be reviewed,

• (b) provide for each review to be made, subject to section 217B, at a hearing held for the purpose by the responsible court (a “review hearing”),

• (c) require the offender to attend each review hearing, and

• (d) provide for a report by an officer of a provider of probation services on the offender’s progress in complying with the community order requirements of the order (a “progress report”) to be made to the responsible court before each review.

• (3) In this section “the responsible court”, in relation to a community order, means the court by which the order is made.

• (4) For more about community orders that qualify for special procedures, see section 395A.

Powers on review

217B

• (1) This section applies where a review hearing is held on a review of a community order by virtue of section 217A.

• (2) The court may, after considering the progress report, amend—

• (a) the community order requirements of the order, or

• (b) any provision of the order which relates to those requirements.

• (3) But the court—

• (a) may not amend the community order requirements of the order so as to impose a requirement of a different kind unless the offender expresses willingness to comply with that requirement,

• (b) may not amend—

• (i) a mental health treatment requirement,

• (ii) a drug rehabilitation requirement, or

• (iii) an alcohol treatment requirement,

unless the offender expresses willingness to comply with the requirement as amended, and

• (c) except with the consent of the offender, may not amend the order while an appeal against the order is pending.

• (4) For the purposes of subsection (3)(a)—

• (a) a community order requirement of a kind within any entry in the table in section 201 is of the same kind as any other community requirement within that entry, and

• (b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

• (5) If the court is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, the court may adjourn the hearing so that the court can deal with the case forthwith under paragraph 10 or 11 of Schedule 10 (powers of court to deal with offender on breach of requirement).

• (6) For some powers available where the court is of the opinion referred to in subsection (5) but does not deal with the case forthwith, see paragraph 9A of Schedule 10.

• (7) In this section—

• “review hearing”, and

• “progress report”,

have the same meanings as in section 217A.

Alteration of review arrangements

217C

• (1) Subsections (2) and (3) apply where a court—

• (a) considers the progress report relating to a review under section 217A (the “current review”), and

• (b) forms the opinion that the offender’s progress in complying with the community order requirements of the community order is satisfactory.

• (2) If the court forms that opinion before a review hearing is held at the current review—

• (a) it may order that no review hearing is to be held at the current review, and

• (b) it may amend the community order so as to provide for each subsequent review to be held without a review hearing.

• (3) If a review hearing is held at the current review, the court may at the hearing amend the community order so as to provide for each subsequent review to be held without a review hearing.

• (4) If at a review held without a review hearing the court—

• (a) considers the progress report, and

• (b) forms the opinion that the offender’s progress under the order is no longer satisfactory,

it may require the offender to attend a hearing of the court at a specified time and place.

• (5) At a review hearing the court may amend the community order so as to vary the intervals specified under section 217A(2)(a).

• (6) The functions of a court under this section that are exercisable in relation to a review without a hearing are to be exercised—

• (a) where the court is the Crown Court, by a judge of the court, and

• (b) where the court is a magistrates’ court, by a justice of the peace.

• (7) In this section—

• “review hearing”, and

• “progress report”,

have the same meanings as in section 217A.

Breach, revocation , termination or amendment of community order

Breach, revocation , termination or amendment of community order

218

Schedule 10 makes provision about—

• (a) failures to comply with the requirements of community orders;

• (b) revocation of community orders;

• (ba) termination of community orders;

• (c) amendment of community orders.

Transferring order to Scotland or Northern Ireland

Transfer of community orders to Scotland or Northern Ireland

219

Schedule 11 makes provision about transfers of community orders to Scotland or Northern Ireland.

Community orders: supplementary

When a community order ceases to be in force

220

• (1) A community order ceases to be in force—

• (a) at the end of the end date (see section 209), or

• (b) if later, when the offender has completed any unpaid work requirement imposed by the order.

• (2) But a community order ceases to be in force

• (a) when it is revoked , or

• (b) when it terminates under Part 3A of Schedule 10.

• (3) An unpaid work requirement is completed when the offender has worked under it for the number of hours specified in the order.

PART 10 — Custodial sentences

CHAPTER 1 — Custody: general provisions

Introductory

Overview of Part

221

• (1) This Chapter applies generally for the purposes of determining whether a custodial sentence should be passed and, if so, what its term should be.

In particular—

• (a) section 222 defines “custodial sentence”;

• (b) sections 227 and 228 make provision about when a custodial sentence is not available or subject to restrictions;

• (c) section 229 permits a magistrates' court to impose imprisonment for less than the term specified;

• (d) sections 230 to 232 make provision about how a court should decide whether to impose a custodial sentence and the term of such a sentence.

• (2) Chapter 2 is about the kinds of custodial sentence that are available for an offender aged under 18—

• (a) detention and training orders (sections 233 to 248);

• (b) sentences of detention under section 250, including life sentences (and see sections 258 and 258A);

• (ba) special sentences of detention for certain offenders of particular concern (section 252A);

• (c) extended sentences of detention (sections 254 to 257);

• (d) detention during Her Majesty's pleasure for murder etc where the offender is under 18 at the time of the offence (section 259).

• (3) Chapter 3 is about the kinds of custodial sentence that are available for an offender aged 18, 19 or 20—

• (a) sentences of detention in a young offender institution (sections 262 to 271), including—

• (i) suspended sentences,

• (ii) special sentences for offenders of particular concern, ...

• (iii) extended sentences; and

• (iv) serious terrorism sentences,

• (b) sentences of custody for life (sections 272 to 276).

• (4) Chapter 4 is about imprisonment in the case of an adult aged at least 21 at the time of conviction, including—

• (a) suspended sentences,

• (b) special sentences for offenders of particular concern,

• (c) extended sentences,

• (ca) serious terrorism sentences, and

• (d) imprisonment for life.

• (5) Chapter 5 is about suspended sentences.

• (6) Chapter 6 is about dangerous offenders.

• (7) Chapter 7 is about mandatory minimum sentences.

• (8) Chapter 8 is about life sentences and in particular about when minimum term orders and whole life orders must be passed.

• (9) Chapter 9 contains certain provisions about administration of custodial sentences and includes certain powers and duties of a sentencing court that are relevant to an offender's release from custody.

Meaning of “custodial sentence”

222

• (1) In this Code “custodial sentence” means—

• (a) a detention and training order under section 233,

• (b) a sentence of detention under Chapter 2 of this Part,

• (c) a sentence of detention in a young offender institution,

• (d) a sentence of custody for life under section 272 or 275, or

• (e) a sentence of imprisonment.

This is subject to subsection (3).

• (2) In subsection (1) “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence.

• (3) Subsection (1)—

• (a) does not apply to “custodial sentence” in the following expressions—

• “appropriate custodial sentence”;

• “current custodial sentence”;

• “pre-Code custodial sentence”;

• “relevant custodial sentence”, and

• (b) is subject to express provision to the contrary.

• (4) In this Code, “pre-Code custodial sentence” means—

• (a) a detention and training order imposed under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000,

• (b) a sentence of detention imposed under any of the following (sentences of detention for children)—

• (i) section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000,

• (ii) section 53(1) or (3) of the Children and Young Persons Act 1933, or

• (iii) section 226B or 228 of the Criminal Justice Act 2003,

• (c) a sentence of detention for public protection imposed under section 226 of the Criminal Justice Act 2003, or

• (d) a sentence of custody for life under—

• (i) section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, or

• (ii) section 8 of the Criminal Justice Act 1982.

General limits on powers to impose custodial sentences

Two year limit on imprisonment for statutory offence if no maximum specified

223

Where—

• (a) a person is convicted on indictment of an offence under any enactment which is punishable with imprisonment, and

• (b) no enactment—

• (i) limits the sentence to a specified term, or

• (ii) expresses it to extend to imprisonment for life,

the person is liable to imprisonment for not more than 2 years.

General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution

224

• (1) A magistrates' court does not have power to impose—

• (a) imprisonment, or

• (b) detention in a young offender institution,

for a term exceeding the applicable limit in respect of any one offence.

• (1A) The applicable limit is—

• (a) 6 months in the case of a summary offence, or

• (b) 12 months in the case of an offence triable either way.

• (2) Unless expressly excluded, subsection (1) applies even if the offence in question is one for which a person would otherwise be liable on summary conviction to imprisonment or detention in a young offender institution for a term exceeding the applicable limit.

• (3) Nothing in subsection (1) affects section 133 of the Magistrates' Courts Act 1980 (consecutive terms of imprisonment).

• (4) Subsection (1) does not limit any power of a magistrates' court to impose a term of imprisonment for—

• (a) non-payment of a fine, or

• (b) want of sufficient goods to satisfy a fine.

• (5) In subsection (4)—

• (a) “fine”—

• (i) includes a pecuniary penalty, but

• (ii) does not include a pecuniary forfeiture or pecuniary compensation;

• (b) the reference to want of sufficient goods to satisfy a fine is a reference to circumstances where—

• (i) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the fine from a person, but

• (ii) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (as defined by paragraph 50(3) of that Schedule).

• (6) In this section “impose imprisonment” means—

• (a) pass a sentence of imprisonment, or

• (b) fix a term of imprisonment for—

• (i) failure to pay any sum of money,

• (ii) want of sufficient distress to satisfy any sum of money (see section 397(3)), or

• (iii) failure to do or abstain from doing anything required to be done or left undone.

• (7) Section 132 of the Magistrates' Courts Act 1980 (5 day minimum term) provides for the minimum term of imprisonment that a magistrates' court may impose.

Restriction on consecutive sentences for released prisoners

225

• (1) A court sentencing a person to a relevant custodial term may not order or direct that the term is to commence on the expiry of any current custodial sentence from which the offender has been released under—

• (a) Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall), or

• (b) Part 2 of the Criminal Justice Act 1991 (early release of prisoners).

• (2) In this section “relevant custodial term” means a term of—

• (a) detention under Chapter 2 of this Part,

• (b) detention in a young offender institution (under this Code), or

• (c) imprisonment.

• (3) In this section, “current custodial sentence” means a sentence that has not yet expired which is—

• (a) a sentence of imprisonment,

• (b) a sentence of detention in a young offender institution, or

• (c) a sentence of detention imposed under any of the following—

• (i) section 250,

• (ia) section 252A,

• (ii) section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),

• (iii) section 226B or 228 of the Criminal Justice Act 2003 (including one passed as a result of section 221A or 222 of the Armed Forces Act 2006),

• (iv) section 91 of the Powers of Criminal Courts (Sentencing) Act 2000,

• (v) section 53(3) of the Children and Young Persons Act 1933,

• (vi) section 209 of the Armed Forces Act 2006, or

• (vii) section 71A(4) of the Army Act 1955 or the Air Force Act 1955 or section 43A(4) of the Naval Discipline Act 1957.

Custodial sentence: restrictions in certain cases where offender not legally represented

226

• (1) This section applies where—

• (a) a magistrates' court is dealing with an offender on summary conviction, or

• (b) the Crown Court is dealing with an offender—

• (i) on committal for sentence, or

• (ii) on conviction on indictment.

Offenders aged under 212The court may not—amake a detention and training order,bpass a sentence of detention under section 250 (or 254) , under section 252A or under section 259 (offenders under 18),cpass a sentence of detention in a young offender institution, ordpass a sentence of custody for life (see sections 272 and 275),unless the offender is legally represented in that court, or has failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)).

Offenders aged 21 or over3The court may not pass a sentence of imprisonment unless—athe offender—iis legally represented in that court, oriihas failed, or is ineligible on financial grounds, to benefit from relevant representation (see subsections (7) and (8)), orbthe offender has previously been sentenced to imprisonment by a court in any part of the United Kingdom.4For the purposes of subsection (3) a previous sentence of imprisonment which has been suspended and which has not taken effect under—aparagraph 8 of Schedule 16,bparagraph 8 of Schedule 12 to the Criminal Justice Act 2003,csection 119 of the Powers of Criminal Courts (Sentencing) Act 2000, ordsection 19 of the Treatment of Offenders Act (Northern Ireland) 1968,is to be disregarded.5For those purposes, “sentence of imprisonment” does not include a committal for contempt of court or any kindred offence (and “sentenced to imprisonment” is to be read accordingly).

When a person is legally represented6For the purposes of this section an offender is legally represented in a court if the offender has the assistance of counsel or a solicitor to represent him or her in the proceedings in that court at some time after being found guilty and before being sentenced.

Relevant representation: failure or ineligibility to benefit7For the purposes of subsections (2) and (3), “relevant representation”, in relation to proceedings in a court, means representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid) for the purposes of the proceedings.8For those purposes, an offender has failed, or is ineligible on financial grounds, to benefit from relevant representation if—athe offender has refused or failed to apply for relevant representation, having—ibeen informed of the right to apply for it, andiihad the opportunity to do so,bthe offender's application for relevant representation was refused on financial grounds, orcrelevant representation was made available to the offender but withdrawn—ibecause of the offender's conduct, oriion financial grounds.Relevant representation is refused or withdrawn on financial grounds if it appears that the offender's financial resources are such that the offender is not eligible for such representation.

Restriction on imposing imprisonment on persons under 21

227

Sentence of imprisonment1No court may pass a sentence of imprisonment on an offender for an offence if the offender is aged under 21 when convicted of the offence.

Committal to prison2No court may commit a person who is aged under 21 to prison for any reason, except as provided by subsection (3).3Subsection (2) does not prevent the committal to prison of a person aged under 21 who is—aremanded in custody,bcommitted in custody for sentence, orcsent in custody for trial under section 51 or 51A of the Crime and Disorder Act 1998.

Other restrictions on custodial sentence

228

Custodial sentence not indicated in indication of sentence1For restrictions on a custodial sentence where the case is dealt with under section 20(7) of the Magistrates' Courts Act 1980 (procedure where summary trial appears more suitable and indication of sentence is given), see section 20A(1) of that Act (restriction where indication of sentence does not indicate custodial sentence).

Hospital order or guardianship order2For restrictions on a custodial sentence where a hospital order or guardianship order is made, see section 37(8) of the Mental Health Act 1983.

Power of magistrates' court to imprison for less than specified term

Power of magistrates' court to imprison for less than specified term

229

• (1) Where a magistrates' court has power to sentence an offender to imprisonment for a period specified by an enactment (whether passed or made before or after this Act), the court may sentence the offender to imprisonment for less than that period.

• (2) This is subject to—

• (a) section 132 of the Magistrates' Courts Act 1980 (5 day minimum term);

• (b) express provision to the contrary in an Act passed after 31 December 1879.

• (3) In this section “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

Exercise of powers to impose discretionary custodial sentences

Threshold for imposing discretionary custodial sentence

230

• (1) Subsection (2) applies where a person is convicted of an offence which is punishable with a custodial sentence.

This is subject to subsection (3).

• (2) The court must not pass a custodial sentence unless it is of the opinion that—

• (a) the offence, or

• (b) the combination of the offence and one or more offences associated with it,

was so serious that neither a fine alone nor a community sentence can be justified for the offence.

Threshold generally not applicable where mandatory sentence requirement applies3This section does not apply if the offence is one in relation to which a mandatory sentence requirement applies (see section 399), except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).

Exceptions to subsection (2) relating to community sentences4Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to express willingness to comply with a requirement—awhich the court proposes to include in a community order, butbwhich may be included only if the offender expresses willingness to comply with it.5Subsection (2) is also subject to—aparagraph 11(3) of Schedule 7 (power to impose custodial sentence in case involving wilful and persistent breach of youth rehabilitation order with intensive supervision and surveillance);bparagraph 22(5)(b) of Schedule 9 (power to deal with offender who does not express willingness to comply with amended drug rehabilitation requirement);cparagraph 10(9) of Schedule 10 (power of magistrates' court to impose custodial sentence following wilful and persistent breach of community order);dparagraph 11(6) of that Schedule (corresponding power of Crown Court);eparagraph 18(9)(b) of that Schedule (power to deal with offender who does not express willingness to comply with amended treatment requirement).

Procedure for forming opinion6In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated or offence or offences, including any aggravating or mitigating factors.7The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion.8See also—asection 77(2) (effect of mitigation: community sentence not precluded even if threshold for custodial sentence met);bsection 232 (additional requirements for offender suffering from mental disorder).

Length of discretionary custodial sentences: general provision

231

• (1) Subsection (2) applies where a court passes a custodial sentence in respect of an offence.

This is subject to subsections (3) to (6).

• (2) The custodial sentence must be for the shortest term (not exceeding the permitted maximum) that in the opinion of the court is commensurate with the seriousness of—

• (a) the offence, or

• (b) the combination of the offence and one or more offences associated with it.

Application of subsection (2) to certain sentences3Subsection (2) does not apply where the sentence is—afixed by law, orba required life sentence,except as provided in sections 273(4) and 283(4) (pre-condition for life sentence for second listed offence).4In subsection (3), “required life sentence” means a sentence of—adetention for life under section 250,bcustody for life under section 272, orcimprisonment for life,required under a provision mentioned in section 399(b) (mandatory sentences).5Subsection (2) is subject to the provisions mentioned in section 399(c) (minimum sentences).6Subsection (2) does not apply where the custodial sentence is an extended sentence, except as provided in sections 256(2), 268(2) and 281(2) (determination of appropriate custodial term).6ASubsection (2) does not apply where the custodial sentence is a serious terrorism sentence, except as provided in sections 268C(2)(b) and 282C(2)(b) (determination of appropriate custodial period where longer than the 14-year minimum).

Procedure for forming opinion7In forming its opinion for the purposes of subsection (2), the court must take into account all the information that is available to it about the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors.8The pre-sentence report requirements (see section 30) apply to the court in relation to forming that opinion, except where the sentence is an extended sentence.9See section 232 for additional requirements in the case of an offender suffering from a mental disorder.

Additional requirements in case of offender suffering from mental disorder

232

• (1) This section applies where—

• (a) the offender is or appears to be suffering from a mental disorder, and

• (b) the court passes a custodial sentence other than one fixed by law (“the sentence”).

• (2) Before passing the sentence, the court must obtain and consider a medical report unless, in the circumstances of the case, it considers that it is unnecessary to obtain a medical report.

• (3) Before passing the sentence, the court must consider—

• (a) any information before it which relates to the offender's mental condition (whether given in a medical report, a pre-sentence report or otherwise), and

• (b) the likely effect of such a sentence on that condition and on any treatment which may be available for it.

• (4) If the court did not obtain a medical report where required to do so by this section, the sentence is not invalidated by the fact that it did not do so.

• (5) Any court, on an appeal against the sentence, must—

• (a) obtain a medical report if none was obtained by the court below, and

• (b) consider any such report obtained by it or by that court.

• (6) In this section—

• “medical report” means a report as to an offender's mental condition made or submitted orally or in writing by a registered medical practitioner who is approved for the purposes of section 12 of the Mental Health Act 1983—by the Secretary of State, orby another person by virtue of section 12ZA or 12ZB of that Act,as having special experience in the diagnosis or treatment of mental disorder;

• “mental disorder” has the same meaning as in the Mental Health Act 1983.

• (7) Nothing in this section is to be taken to limit—

• (a) the pre-sentence report requirements (see section 30), or

• (b) any requirement for a court to take into account all information that is available to it about the circumstances of any offence, including any aggravating or mitigating factors.

CHAPTER 2 — Offenders aged under 18

Detention and training orders

Detention and training order

233

A detention and training order in respect of an offender is an order that the offender is subject, for the term specified in the order, to a period of detention and training followed by a period of supervision.

Detention and training order: availability

234

• (1) A detention and training order is available where a court is dealing with an offender for an offence if—

• (a) the offender is aged under 18, but at least 12, when convicted,

• (b) the offence is an imprisonable offence, and

• (c) the court is not required to pass—

• (i) a sentence of detention under section 250 (see section 249(2)),

• (ia) a sentence of detention under section 252A, or

• (ii) a sentence of detention during Her Majesty's pleasure under section 259.

• (2) For circumstances in which the court is required to impose a detention and training order, see—

• (a) section 312 (minimum sentence for offences of threatening with weapon or bladed article);

• (b) section 315 (minimum sentence for repeat offence involving weapon or corrosive substance or bladed article).

Exercise of power to make a detention and training order

235

• (1) This section applies where a detention and training order is available.

• (2) The court may not make a detention and training order if it imposes—

• (a) a sentence of detention under section 250, or

• (b) an extended sentence of detention under section 254,

in respect of the offence.

• (3) If the offender is aged under 15 when convicted the court may not make a detention and training order unless it is of the opinion that the offender is a persistent offender.

• (4) The court's power to make a detention and training order is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence).

Term of detention and training order

236

• (1) The term of a detention and training order made in respect of an offence (whether by a magistrates' court or otherwise) must be at least 4 months but must not exceed 24 months.

This is subject to subsection (2).

• (2) The term of a detention and training order in respect of an offence may not exceed—

• (a) in the case of a summary offence, the maximum sentence of imprisonment that could be imposed (in the case of an offender aged 21 or over) for the offence;

• (b) in the case of any other offence, the maximum term of imprisonment that the Crown Court could impose (in the case of an offender aged 21 or over) for the offence.

• (3) Section 231 (length of discretionary custodial sentences: general provision), in particular, applies in determining the term of a detention and training order.

• (4) A detention and training order takes effect at the beginning of the day on which it is made, unless the court orders otherwise under section 237.

Making of order where offender subject to other order or sentence of detention

237

• (1) This section applies where a court makes a detention and training order.

• (2) The court may order that the term of the detention and training order is to take effect on the expiry of any other detention and training order which it imposes on the same occasion.

This is subject to section 238(1).

• (3) If the offender—

• (a) is subject to another relevant detention and training order (“the existing order”), and

• (b) has not at any time been released for supervision under the existing order,

the court may order that the detention and training order is to take effect on the expiry of the existing order.

This is subject to section 238(1).

• (4) If the offender—

• (a) is subject to a relevant sentence of detention (see section 248), and

• (b) has not at any time been released under Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release on licence of fixed-term prisoners),

the court may order that the detention and training order is to take effect at the time when the offender would otherwise be released under that Chapter.

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) If the offender is subject to a further period of detention imposed—

• (a) under paragraph 3(2)(a) of Schedule 12 (breach of supervision requirement of existing detention and training order),

• (b) under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000, or

• (c) under either of those provisions by virtue section 213 of the Armed Forces Act 2006,

the court may order that the detention and training order is to take effect at the end of the further period of detention.

Offender subject to more than one order: maximum overall term

238

• (1) A court may not make a detention and training order as a result of which the offender would be subject to relevant detention and training orders for a term exceeding 24 months.

• (2) Where—

• (a) a court makes a detention and training order, and

• (b) the term of the relevant detention and training orders to which the offender would otherwise be subject exceeds 24 months,

the excess is to be treated as remitted.

• (3) Where—

• (a) a court makes a detention and training order, and

• (b) as a result the offender is subject to two or more relevant detention and training orders,

the terms of those orders are to be treated for the purposes of sections 241 to 243 ... and Schedule 12 as a single term.

• (4) See section 248 for the meaning of “relevant detention and training order”.

Period on remand etc: effect on term of detention and training order

239

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Period of custody awaiting extradition: effect on term of detention and training order

240

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The period of detention and training

241

• (1) An offender must serve the period of detention and training under a detention and training order in such youth detention accommodation as may be determined by the Secretary of State.

Release at half-way point2Subject to subsections (3) to (5), the period of detention and training under a detention and training order is half of the term of the order.

Early release on compassionate grounds3The Secretary of State may release the offender at any time if satisfied that exceptional circumstances exist which justify the offender's release on compassionate grounds.

Release before half-way point4The Secretary of State may release the offender—ain the case of an order for a term of—i8 months or more, butiiless than 18 months,at any time during the period of 1 month ending with the half-way point of the term of the order, andbin the case of an order for a term of 18 months or more, at any time during the period of 2 months ending with that point.

Release after half-way point5If a youth court so orders on an application made by the Secretary of State for the purpose, the Secretary of State must release the offender—ain the case of an order for a term of—i8 months or more, butiiless than 18 months,1 month after the half-way point of the term of the order, andbin the case of an order for a term of 18 months or more, 1 month or 2 months after that point.

Consecutive detention and training order and sentence of detention5AWhere the offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision—aa sentence of detention under section 250 or 252A,ba sentence of detention under section 209 or 224A of the Armed Forces Act 2006, orcan extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),subsection (4) is to be read as if, instead of conferring a power to release the offender, it conferred a power to determine that the Secretary of State would, but for the sentence concerned, have released the offender.6Where—athe court makes an order under subsection (5), andbthe offender is also subject to a sentence of any of the following kinds that is to take effect, by virtue of an order to which subsection (7) applies, when the offender would otherwise be released for supervision—ia sentence of detention under section 250,iaa sentence of detention under section 252A,iia sentence of detention under section 209 of the Armed Forces Act 2006, oriiian extended sentence of detention under section 254 (including one passed as a result of section 221A of the Armed Forces Act 2006),the order under subsection (5) must be expressed as an order that the period of detention and training attributable to the detention and training order is to end at the time determined under that subsection.7This subsection applies to orders under the following provisions (which provide for sentences of detention to take effect when an offender is released for supervision under a detention and training order)—asection 253(2) (offender under 18: sentence of detention to take effect on release for supervision under detention and training order),bsection 257(2) (offender under 18: extended sentence of detention), orcany corresponding provision relating to an order under section 209 of, or made as a result of section 221A of, the Armed Forces Act 2006.

Detention to be legal custody8An offender detained under a detention and training order is deemed to be in legal custody.

The period of supervision

242

• (1) The period of supervision of an offender who is subject to a detention and training order—

• (a) begins when the offender is released for supervision (whether at the half-way point of the term of the order or otherwise), and

• (b) ends when the term of the order ends.

• (2) During the period of supervision, the offender—

• (a) is to be under the supervision of—

• (i) an officer of a provider of probation services, or

• (ii) a member of a youth offending team, and

• (b) may be required to comply with particular requirements.

• (3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

• (4) The offender must be notified by the Secretary of State of—

• (a) the category of person responsible for the offender's supervision, and

• (b) any requirements with which the offender must comply.

• (5) A notice under subsection (4) must be given to the offender—

• (a) before the period of supervision begins, and

• (b) before any change in the matters mentioned in that subsection.

• (6) Where the supervision is to be provided by an officer of a provider of probation services, the officer must be an officer acting in the local justice area within which the offender resides for the time being.

• (7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Breach of supervision requirement and further offences during order

243

Schedule 12 makes provision about—

• (a) breach of supervision requirements imposed under a detention and training order etc, and

• (b) offences committed during the term of a detention and training order.

Offender subject concurrently to detention and training order and sentence of detention in a young offender institution

244

• (1) This section applies where an offender is subject concurrently—

• (a) to a relevant detention and training order (see section 248), and

• (b) to a sentence of detention in a young offender institution,

at least one of which is imposed in respect of an offence of which the offender was convicted on or after 1 December 2020.

• (2) The offender is to be treated for the purposes of the following provisions as if subject only to the sentence of detention in a young offender institution—

• (a) sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);

• (b) section 271 (detention in a young offender institution: place of detention);

• (c) with the exception of sections 240ZA and 240A, Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release, licences, supervision and recall).

This is subject to subsection (3).

• (3) Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.

• (4) In subsection (1), “sentence of detention in a young offender institution” includes any sentence of detention in a young offender institution, whether imposed under this Code or otherwise.

• (5) Subsection (2) has effect in relation to an order or sentence imposed in respect of an offence of which the offender was convicted before 1 December 2020 as if the provisions referred to in paragraphs (a) to (c) included the provisions referred to in section 106(4) of the Powers of Criminal Courts (Sentencing) Act 2000 (interaction of detention and training orders with sentences of detention in a young offender institution).

Offender subject concurrently to detention and training order and other sentence of detention

245

• (1) This section applies where an offender is subject concurrently to—

• (a) a relevant detention and training order, and

• (b) a relevant sentence of detention,

at least one of which is imposed in respect of an offence of which the offender was convicted on or after 1 December 2020.

(See section 248 for the meaning of “relevant detention and training order” and “relevant sentence of detention”.)

• (2) The offender is to be treated as if subject only to the relevant sentence of detention for the purposes of the following provisions—

• (a) sections 241 to 243 and Schedule 12 (periods of detention and training and supervision, breach of supervision requirements and further offences);

• (b) section 260 and section 261 (place of detention);

• (c) with the exception of sections 240ZA and 240A, Chapter 6 of Part 12 of the Criminal Justice Act 2003 (release and supervision following release);

• (d) section 210 of the Armed Forces Act 2006 (place of detention etc);

• (e) section 214 of the Armed Forces Act 2006 (offences committed during a detention and training order under that Act).

This is subject to subsection (3).

• (3) Nothing in subsection (2) requires the offender to be released in respect of either the order or the sentence unless and until the offender is required to be released in respect of each of them.

• (4) Subsection (2) has effect in relation to a relevant detention and training order or relevant sentence of detention that is imposed in respect of an offence of which the offender was convicted before 1 December 2020 as if the provisions referred to in paragraphs (a) to (e) included the provisions referred to in section 106A(8) of the Powers of Criminal Courts (Sentencing) Act 2000.

Effect of detention and training order made where offender has reached 18

246

• (1) This section applies where—

• (a) a court has power, by virtue of any enactment, to deal with a person for an offence in any way in which—

• (i) a court could have dealt with the person on a previous occasion, or

• (ii) a court could deal with the person if the person were the same age as when convicted,

• (b) in exercise of the power, the court makes a detention and training order for any term, and

• (c) the person has reached the age of 18.

• (2) The person is to be treated as if sentenced to detention in a young offender institution for the same term.

Further supervision after end of term of detention and training order

247

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Detention and training orders: interpretation

248

• (1) In section 241 and Schedule 12 “youth detention accommodation” means—

• (a) a secure training centre,

• (b) a secure college,

• (ba) a secure 16 to 19 Academy,

• (c) a young offender institution,

• (d) accommodation provided by or on behalf of a local authority for the purpose of restricting the liberty of children and young persons,

• (e) accommodation provided for that purpose under section 82(5) of the Children Act 1989 (financial support by the Secretary of State), or

• (f) such other accommodation or descriptions of accommodation as the Secretary of State may specify by regulations.

• (2) In sections 241 and 242 and in Schedule 12, references to the term of a detention and training order are to be read in accordance with section 238(3).

• (3) In sections 237, 238, 244 and 245 and Schedule 12, “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 Code comes into force).

• (4) In sections 237 and 245, “relevant sentence of detention” means—

• (a) a sentence of detention under section 250,

• (aa) a sentence of detention under section 252A,

• (b) a sentence of detention under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18 convicted of certain serious offences: power to detain for specified period),

• (c) a sentence of detention under section 209 of the Armed Forces Act 2006 (whether passed before or after this Code comes into force),

• (d) an extended sentence of detention under section 254, including one passed as a result of section 221A of the Armed Forces Act 2006, or

• (e) a sentence under section 226B or 228 of the Criminal Justice Act 2003 (extended sentence of detention: offenders aged under 18 convicted before this Code comes into force), including one passed as a result of section 221A or 222 of the Armed Forces Act 2006.

• (5) For the purposes of this Code, an offender who is subject to a detention and training order or an order mentioned in subsection (3)(b) or (c) is released for supervision when released by virtue of—

• (a) section 241(2), (3), (4) or (5), or

• (b) in the case of an order to which section 102 of the Powers of Criminal Courts (Sentencing) Act 2000 (the “2000 Act”) applies (including one made under section 211 of the Armed Forces Act 2006), subsection (2), (3), (4) or (5) of section 102 of the 2000 Act.

• (6) Regulations under subsection (1)(f) are subject to the affirmative resolution procedure.

• (7) Subsection (4) of section 407 (general powers to make provision in regulations) does not apply to the power conferred by subsection (1)(f).

Detention for specified period

Sentence of detention under section 250: availability

249

• (1) A sentence of detention under section 250 is available where a person aged under 18 is convicted on indictment of an offence listed in the following table (but the court is not required to pass a sentence of detention under section 252A)—

Offences punishable with imprisonment for at least 14 years	Offences punishable with imprisonment for at least 14 years
(a)	an offence which—is not an offence for which the sentence is fixed by law, andis punishable in the case of a person aged 21 or over with imprisonment for 14 years or more;
Sexual offences	Sexual offences
(b)	an offence under any of the following provisions of the Sexual Offences Act 2003—section 3 (sexual assault);section 13 (child sex offences committed by children or young persons);section 25 (sexual activity with a child family member);section 26 (inciting a child family member to engage in sexual activity);
Offences related to firearms	Offences related to firearms
(c)	an offence (other than one within paragraph (a)) which—is listed in Schedule 20 (firearms offences to which minimum sentence applies), andwas committed when the offender was aged 16 or over.

• (2) For circumstances in which a court is required to impose a sentence of detention under section 250, see—

• (a) sections 258 and 258A (required sentence of detention for life);

• (b) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

• (3) Where an offence is found to have been committed—

• (a) over a period of 2 or more days, or

• (b) at some time during a period of 2 or more days,

it is to be taken for the purposes of paragraph (c)(ii) of the table in subsection (1) to have been committed on the last of those days.

Sentence of detention: offender convicted of certain serious offences

250

A sentence of detention under this section is a sentence requiring the offender to be detained for the period specified in the sentence.

Exercise of power to impose sentence of detention under section 250

251

• (1) Subsection (2) applies where a sentence of detention under section 250 is available by virtue of section 249(1).

• (2) The court may impose such a sentence if it is of the opinion that neither a youth rehabilitation order nor a detention and training order is suitable.

• (3) This is subject to (in particular) section 230 (threshold for imposing discretionary custodial sentence) and section 231 (length of discretionary custodial sentences: general provision).

Maximum sentence

252

• (1) This section applies where the court imposes a sentence of detention under section 250 by virtue of—

• (a) section 251, or

• (b) section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

• (2) The period of detention specified in the sentence must not exceed—

• (a) the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over, or

• (b) life, if the offence is punishable with imprisonment for life in the case of a person aged 21 or over.

Special custodial sentence for certain offenders

Required special sentence of detention for certain offenders of particular concern

252A

• (1) Subsections (3) to (5) apply where—

• (a) a person aged under 18 is convicted of an offence listed in Part 1 of Schedule 13 (offences involving or connected with terrorism),

• (b) the offence was committed on or after the day on which section 22 of the Counter-Terrorism and Sentencing Act 2021 came into force,

• (c) the court does not impose either of the following for the offence (or for an offence associated with it)—

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

• (ii) an extended sentence of detention under section 254, and

• (d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).

• (1A) Subsections (3) to (5) also apply where—

• (a) a person aged under 18 is convicted of an offence listed in Part 3 of Schedule 13 (offences involving or connected with a threat to national security),

• (b) the offence was committed on or after the day on which section 7(3) of the Sentencing Act 2026 came into force,

• (c) the court does not impose—

• (i) a sentence of detention for life under section 250 for the offence or for an offence associated with it, or

• (ii) an extended sentence of detention under section 254 for an offence associated with the offence, and

• (d) the court would, apart from this section, impose a custodial sentence (see, in particular, section 230(2)).

• (2) In determining for the purposes of subsection (1)(d) or (1A)(d) whether it would impose a custodial sentence, the court must disregard any restriction on its power to impose such a sentence by reference to the age of the offender.

• (3) The court must impose a sentence of detention under this section.

• (4) 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.

• (5) For the purposes of subsection (4), the “appropriate custodial term” is the term that, in the opinion of the court, ensures that the sentence is appropriate.

• (6) 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) or (1A) to have been committed on the last of those days.

• (7) 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.

Sentences of detention passed during detention and training order

Sentence of detention passed on offender subject to detention and training order

253

• (1) This section applies where a court imposes a sentence of detention under section 250 or 252A 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 relevant detention and training order, the court may order that the sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).

• (3) Otherwise, the sentence of detention 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).

Extended sentences

Extended sentence for certain violent, sexual or terrorism offences

254

An extended sentence of detention under this section is a sentence of detention the term of which is equal to the aggregate of—

• (a) the appropriate custodial term (see section 256), and

• (b) a further period (the “extension period”) for which the offender is to be subject to a licence.

Extended sentence of detention: availability

255

• (1) An extended sentence of detention under section 254 is available where a court is dealing with an offender for an offence if—

• (a) the offence—

• (i) is a specified offence (see section 306(1)), and

• (ii) is one for which a sentence of detention is available under section 250 or 252A (see the table in section 249(1) and section 252A(1)(a) and (b)),

• (b) the offender is aged under 18 when convicted,

• (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 258(2) or 258A(2) to impose a sentence of detention for life under section 250, and

• (e) if the court were to impose an extended sentence, the term that it would specify as the appropriate custodial term (see section 256) would be at least 4 years.

• (2) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion referred to in subsection (1)(c).

Term of extended sentence of detention under section 254

256

• (1) This section applies where a court is determining—

• (a) the appropriate custodial term, and

• (b) the extension period,

of an extended sentence of detention under section 254 to be imposed on an offender in respect of an offence.

• (2) The appropriate custodial term is the term of detention 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);

• (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 16 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 detention under section 254 must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.

Extended sentence under section 254 where offender subject to detention and training order

257

• (1) This section applies where the court imposes an extended sentence of detention under section 254 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 relevant detention and training order, the court may order that the extended sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).

• (3) Otherwise, the extended sentence of detention 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).

Detention for life etc

Required sentence of detention for life for offence carrying life sentence

258

• (1) This section applies where—

• (a) a person aged under 18 is convicted of a Schedule 19 offence (see section 307),

• (b) the court considers that the seriousness of—

• (i) the offence, or

• (ii) the offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life, 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 court must impose a sentence of detention for life under section 250.

• (3) The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion mentioned in subsection (1)(c).

• (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.

Required sentence of detention for life for manslaughter of emergency worker

258A

• (1) This section applies where—

• (a) a person aged under 18 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 detention for life under section 250 unless the court is of the opinion that there are exceptional circumstances which—