Section 283: Life sentence for second listed offence

Sentencing Act 2020 · 2020 c. 17View on legislation.gov.uk

Part 10: Custodial sentences — CHAPTER 4: Adults aged 21 and over

Subsection (3) applies where—

a court is dealing with an offender for an offence (“the index offence”) that is listed in Part 1 of Schedule 15,
the index offence was committed on or after the relevant date,
the offender is aged 21 or over when convicted of the index offence, and
the sentence condition and the previous offence condition are met.

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 imprisonment for life unless the court is of the opinion that there are particular circumstances which—

relate to—
the index offence,
the previous offence referred to in subsection (5), or
the offender, and
would make it unjust to do so in all the circumstances.

The previous offence condition is that—

when the index offence was committed, the offender had been convicted of an offence (“the previous offence”) listed in Schedule 15, and
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.

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—

the offender was not eligible for release during the first 5 years of the sentence, or
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.

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 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.

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.

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 under section 254, 266 or 279 (including one imposed as a result of section 219A or 221A of the Armed Forces Act 2006),

    (b)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), or

    (c)a sentence under—

  • “life sentence” means— or an equivalent sentence imposed under the law of Scotland or Northern Ireland;

    (a)a sentence of imprisonment for life;

    (b)a sentence of detention for life under—

    (c)a sentence of detention during Her Majesty's pleasure under—

    (d)a sentence of custody for life under—

    (e)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);

    (f)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);

  • “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).

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—

“extended sentence”, and
“life sentence”.

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.

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.