Subsection (3) applies where—
In subsection (1)(b), “relevant date”, in relation to an offence, means the date specified for that offence in Part 1 of Schedule 15.
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—
The previous offence condition is that—
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.
A life sentence is relevant for the purposes of subsection (5)(b) if—
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.
Any other extended sentence is relevant for the purposes of subsection (5)(b) if the custodial term imposed was 10 years or more.
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.
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.
For the purposes of subsections (5) to (11)—
“extended sentence” means— or an equivalent sentence imposed under the law of Scotland or Northern Ireland;
(a)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), or
(b)a 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),
“life sentence” means— or an equivalent sentence imposed under the law of Scotland or Northern Ireland;
(a)a sentence of detention for life under—
(b)a sentence of detention during Her Majesty's pleasure under—
(c)a sentence of custody for life under—
“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).
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—
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.
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.