Explanatory Notes

Legal Aid, Sentencing and Punishment of Offenders Act 2012

2012 CHAPTER 10

1 May 2012

Commentary

Part 3: Sentencing and punishment of offenders

Chapter 5: Dangerous Offenders
Section 123: Abolition of certain sentences for dangerous offenders

654.Section 123 repeals provision in sections 225 and 226 of the 1991 Act for sentences of imprisonment for public protection and detention for public protection (the equivalent sentence for persons under 18).

655.It leaves in place the provision in section 225 which requires life imprisonment to be imposed where the offence for which an offender is convicted carries a maximum sentence of life imprisonment and the court considers the seriousness of the offence justifies a life sentence. It also leaves in place the equivalent provision in section 226 with respect to detention for life.

656.Section 123 also repeals sections 227 and 228 of the 1991 Act which provide for extended sentences for certain violent or sexual offences (listed in Schedule 15 to that Act).