Section 399 Mandatory sentencesI1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

s. 399(b)(i) amendment to earlier affecting provision 2020 c. 17, Sch. 22 para. 73(a)(ii) by Police, Crime, Sentencing and Courts Act 2022 s. 3(15)(b)
s. 399(b) words omitted by virtue of 2020 c. 17, Sch. 22 para. 73(a)(i) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 11(20)(l)
s. 399(b)(i) word omitted by virtue of 2020 c. 17, Sch. 22 para. 73(a)(ii) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 11(20)(l)
s. 399(b)(ii) words omitted by virtue of 2020 c. 17, Sch. 22 para. 73(a)(iii) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 11(20)(l)
s. 399(ba) words omitted by virtue of 2020 c. 17, Sch. 22 para. 73(b) (as substituted) by Counter-Terrorism and Sentencing Act 2021 Sch. 13 para. 11(20)(l)

For the purposes of this Code, where a court is dealing with an offender for an offence, a mandatory sentence requirement applies in relation to the offence if—

(a)

the offence is one for which the sentence is fixed by law,

(b)

the court is obliged by one of the following provisions to pass a sentence of detention for life, custody for life or imprisonment for life—

(i)

section F1258, 258A, 274, 274A, 285 or 285A (life sentence for certain F2... offenders);

(ii)

section 273 or 283 (life sentence for second listed offence),

(ba)

F3the court is obliged by section 268B or 282B to impose a serious terrorism sentence, or

(c)

a sentence is required by one of the following provisions and the court is not of the opinion mentioned in that provision—

(i)

section 311(2) (minimum sentence for certain offences involving firearms that are prohibited weapons);

(ii)

section 312(2) F4or (2A) (minimum sentence for offence of threatening with weapon or bladed article);

(iii)

section 313(2) F5or (2A) (minimum sentence of 7 years for third class A drug trafficking offence);

(iv)

section 314(2) F6or (2A) (minimum sentence of 3 years for third domestic burglary);

(v)

section 315(2) F7or (2A) (minimum sentence for repeat offence involving weapon F8or corrosive substance or bladed article).

Annotations

Textual amendments

F1: Words in s. 399(b)(i) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(13)(a), 208(5)(b)
F2: Word in s. 399(b)(i) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(13)(b), 208(5)(b)
F3: S. 399(ba) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(18)
F4: Words in s. 399(c)(ii) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(a), 208(5)(k)
F5: Words in s. 399(c)(iii) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(b), 208(5)(k)
F6: Words in s. 399(c)(iv) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(c), 208(5)(k)
F7: Words in s. 399(c)(v) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(8)(d), 208(5)(k)
F8: Words in s. 399(c)(v) inserted (6.4.2022) by Sentencing Act 2020 (c. 17), s. 417(1), Sch. 22 para. 83(c) (with Sch. 27); S.I. 2022/415, reg. 2

Commencement

I1: S. 399 in force at 1.12.2020 by S.I. 2020/1236, reg. 2