Section 285 Required life sentence for offence carrying life sentenceI1

(1)

This section applies where a court is dealing with an offender for an offence where—

(a)

the offender is aged 21 or over at the time of conviction,

(b)

the offence is a Schedule 19 offence (see section 307),

(c)

the offence was committed on or after 4 April 2005, and

(d)

the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see sections 306(1) and 308).

(2)

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

C1(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.

Annotations

Modifications

C1: S. 285(3) applied (with modifications) by 2006 c. 52, s. 219(2)(3)(5) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 39(4)(5)(7) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1: S. 285 in force at 1.12.2020 by S.I. 2020/1236, reg. 2