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Section 61 Sentencing guidelines: extended sentences , serious terrorism sentences and life sentencesF4I1

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

Extended sentence: determination of appropriate custodial term

(1)

Subsection (2) applies where a court is considering whether to impose an extended sentence for an offence.

(2)

In determining the appropriate custodial term for the purposes of section 256(2), 268(2) or 281(2) (extended sentence for certain violent, sexual or terrorism offences), section 60 applies to the court as it applies to a court in determining the sentence for an offence.

F1Serious terrorism sentence: determination of appropriate custodial term

(2A)

Subsection (2B) applies where a court is required to impose a serious terrorism sentence for an offence.

(2B)

In determining the appropriate custodial term for the purposes of section 268C(2)(b) or 282C(2)(b) (serious terrorism sentences: appropriate custodial term exceeding 14-year minimum), section 60 applies to the court as it applies to a court in determining the sentence for an offence.

Life sentence for second listed offence: determination of sentence condition

(3)

Subsection (4) applies where a court is considering whether to impose a sentence under section 273 or 283 (life sentence for second listed offence) for an offence.

(4)

In determining, for the purpose of deciding whether the sentence condition in section 273(4) or 283(4) is met, the sentence that it would have passed as mentioned in that condition, section 60 applies to the court as it applies to a court in determining the sentence for an offence.

Notional determinate term for non-fixed life sentence

(5)

Subsection (6) applies where a court imposes a non-fixed life sentence for an offence.

(6)

Section 60 applies to the court in determining F2the notional determinate sentence within the meaning of section 323 (minimum term order for non-fixed life sentence).

F3(7)

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

(8)

In this section “non-fixed life sentence” means—

(a)

a sentence of imprisonment for life (other than a sentence fixed by law),

(b)

a sentence of detention for life under section 250, or

(c)

a sentence of custody for life under section 272.

Annotations

Textual amendments

F1

S. 61(2A)(2B) and heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(4)(b)

F2

Words in s. 61(6) substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(a)(i), 208(1); S.I. 2022/520, reg. 5(n)

F3

S. 61(7) omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(a)(ii), 208(1); S.I. 2022/520, reg. 5(n)

F4

Words in s. 61 heading inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(4)(a)

Commencement

I1

S. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2