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Sentencing Act 2020

Type Public General Act

Publication 2020-10-22

Last updated 2026-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

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(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.

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

259

(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.

Detention under this Chapter

Detention under section 250 , 252A or 259

260

(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.

Detention in pursuance of extended sentence

261

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.

CHAPTER 3 — Adults aged under 21

Detention in a young offender institution

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

262

(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

(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).

Term of detention in a young offender institution

263

(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).

Suspended sentence of detention in a young offender institution

Suspended sentence order for offender under 21: availability

264

(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 .

Presumption of suspended sentence order: offender under 21

264A

(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,

(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,

(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

(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.

Special custodial sentence for certain offenders of particular concern

Required special sentence for certain offenders of particular concern

265

(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

(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.

Extended sentence of detention in a young offender institution

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

266

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.

Extended sentence of detention in a young offender institution: availability

267

(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.

Term of extended sentence of detention in a young offender institution

268

(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.

Serious terrorism sentence

Serious terrorism sentence of detention in a young offender institution

268A

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.

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

268B

(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,

(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).

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

268C

(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.

Detention in a young offender institution: consecutive sentences etc

Detention in a young offender institution: consecutive sentences

269

(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).

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

270

(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).

Detention in a young offender institution: further provision

Detention in a young offender institution: place of detention

271

(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.

Custody for life

Offences other than murder

272

(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).

Custody for life for second listed offence

273

(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,

(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), ora 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, orsection 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, orsection 218 of the Armed Forces Act 2006, ora 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), orsection 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.

Required sentence of custody for life for offence carrying life sentence

274

(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.

Required sentence of custody for life for manslaughter of emergency worker

274A

(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

(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.

Duty to impose custody for life for offence of murder

275

(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).

Custody for life: place of detention

276

(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.

CHAPTER 4 — Adults aged 21 and over

Suspended sentence of imprisonment

Suspended sentence order for person aged 21 or over: availability

277

(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 .

Presumption of suspended sentence order: person aged 21 or over

277A

(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,

(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,

(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.

Special custodial sentence for certain offenders of particular concern

Required special custodial sentence for certain offenders of particular concern

278

(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

(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.

Extended sentences

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

279

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.

Extended sentence of imprisonment: availability

280

(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.

Term of extended sentence of imprisonment

281

(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.

(5) The term of the extended sentence of imprisonment must not exceed the maximum term of imprisonment with which the offence is punishable.

Extended sentences for offences committed before 4 April 2005

282

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.

Serious terrorism sentence

Serious terrorism sentence of imprisonment: persons 21 or over

282A

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.

Serious terrorism sentence of imprisonment: circumstances in which required

282B

(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,

(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,

(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).

Term of serious terrorism sentence of imprisonment

282C

(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.

Life sentences

Life sentence for second listed offence

283

(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,

(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), ora sentence under—section 85 of the Powers of Criminal Courts (Sentencing) Act 2000, orsection 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, orsection 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, orsection 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.

Required life sentence where second offence committed before 4 April 2005

284

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).

Required life sentence for offence carrying life sentence

285

(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),

(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.

Required life sentence for manslaughter of emergency worker

285A

(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

(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.

CHAPTER 5 — Suspended sentences

What a suspended sentence order is

Suspended sentence order

286

(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).

Suspended sentence order: community requirements table

287

The community requirements table referred to in sections 286, 290 and 292 is—

Operational period and supervision period

288

(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.

Suspended sentence to be treated generally as sentence of imprisonment etc

289

(1) A suspended sentence which has not taken effect under paragraph 13 of Schedule 16 is to be treated as—

(a) a sentence of imprisonment, or

(b) as the case may be, a sentence of detention in a young offender institution,

for the purposes of all enactments and instruments made under enactments.

(2) Subsection (1) is subject to any provision to the contrary contained in—

(a) the Criminal Justice Act 1967,

(b) any enactment passed or instrument made under any enactment after 31 December 1967.

Available community requirements

Suspended sentence order: available community requirements

290

(1) A suspended sentence order may not impose a community requirement that is not an available requirement.

(2) A community requirement is an available requirement in relation to a suspended sentence order unless a provision mentioned in column 3 of the entry for that requirement in the table in section 287 provides otherwise.

Suspended sentence order: availability of particular requirements

291

Alcohol abstinence and monitoring requirement1An alcohol abstinence and monitoring requirement is not an available requirement unless regulations are in force under paragraph 25(7)(c) of Schedule 9 (prescribed arrangements for monitoring).2An alcohol abstinence and monitoring requirement imposing a requirement within paragraph 25(1)(a)(ii) of Schedule 9 (alcohol level to be kept below specified level) is not an available requirement unless regulations are in force under paragraph 25(7)(b) of that Schedule (prescribed alcohol level).

Attendance centre requirement3An attendance centre requirement is not an available requirement unless —athe offender was convicted of the offence before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force, andbthe offender was aged under 25 when convicted of the offence.

Drug testing requirement3AA drug testing requirement is not an available requirement if the offender was convicted of the offence before the day on which section 154 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

Electronic compliance monitoring requirement4An electronic compliance monitoring requirement is not an available requirement in relation to a suspended sentence order unless the suspended sentence order imposes at least one other available requirement, other than—aan alcohol abstinence and monitoring requirement;ban electronic whereabouts monitoring requirement.

Exercise of power to impose community requirements

Suspended sentence order: exercise of power to impose requirements

292

(1) This section applies where a court makes a suspended sentence order which imposes community requirements.

(2) The power to impose a particular community 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 287).

(3) If the suspended sentence order imposes two or more different community requirements, the court must, before making the order, consider whether, in the circumstances of the case, the requirements are compatible with each other.

(4) The court must also ensure, so far as practicable, that any community requirement imposed by a suspended sentence order is such as to avoid—

(a) any conflict with the offender's religious beliefs,

(b) any conflict with any other court order to which the offender may be subject, and

(i) works, or

(ii) attends any educational establishment,

and satisfies any additional restrictions that the Secretary of State may specify in regulations.

(5) Regulations under subsection (4) are subject to the negative resolution procedure.

Provision for review of suspended sentence order with community requirements

Power to provide for review of suspended sentence order

293

(1) A suspended sentence order which imposes one or more community requirements may make provision for the order to be reviewed periodically (“provision for review”).

This is subject to subsection (3).

(2) Where an order contains provision for review, it must—

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