THIRD GROUP OF PARTSDisposals
PART 10Custodial sentences
CHAPTER 2Offenders aged under 18
Extended sentences
I2254Extended sentence for certain violent, sexual or terrorism offences
An extended sentence of detention under this section is a sentence of detention the term of which is equal to the aggregate of—
a
the appropriate custodial term (see section 256), and
b
a further period (the “extension period”) for which the offender is to be subject to a licence.
I4255Extended sentence of detention: availability
1
An extended sentence of detention under section 254 is available where a court is dealing with an offender for an offence if—
a
the offence—
i
is a specified offence (see section 306(1)), and
F6ii
is one for which a sentence of detention is available under section 250 or 252A (see the table in section 249(1) and section 252A(1)(a) and (b)),
b
the offender is aged under 18 when convicted,
c
the court is of the opinion that there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences (see section 308),
d
the court is not required by section 258(2) F4or 258A(2) to impose a sentence of detention for life under section 250, and
e
if the court were to impose an extended sentence, the term that it would specify as the appropriate custodial term (see section 256) would be at least 4 years.
2
The pre-sentence report requirements (see section 30) apply to the court in relation to forming the opinion referred to in subsection (1)(c).
I3256Term of extended sentence of detention under section 254
1
This section applies where a court is determining—
a
the appropriate custodial term, and
b
the extension period,
of an extended sentence of detention under section 254 to be imposed on an offender in respect of an offence.
C22
The appropriate custodial term is the term of detention that would be imposed in respect of the offence in compliance with section 231(2) (length of discretionary custodial sentences: general provision) if the court did not impose an extended sentence.
C23
The extension period must be a period of such length as the court considers necessary for the purpose of protecting members of the public from serious harm occasioned by the commission by the offender of further specified offences.
This is subject to subsections (4) and (5).
C24
The extension period must—
a
be at least 1 year, and
b
not exceed—
i
5 years in the case of a specified violent offence F1(unless sub-paragraph (iii) applies);
ii
8 years in the case of a specified sexual offence or a specified terrorism offence F3(unless sub-paragraph (iii) applies);
F2iii
10 years in the case of a serious terrorism offence for which the sentence is imposed on or after the day on which section 16 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
C25
The term of the extended sentence of detention under section 254 must not exceed the maximum term of imprisonment with which the offence is punishable in the case of a person aged 21 or over.
I1C1C3257Extended sentence under section 254 where offender subject to detention and training order
1
This section applies where the court imposes an extended sentence of detention under section 254 in the case of an offender who is subject to a relevant detention and training order.
2
If the offender has not at any time been released for supervision under the relevant detention and training order, the court may order that the extended sentence of detention is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order (see section 248(5)).
3
Otherwise, the extended sentence of detention takes effect at the beginning of the day on which it is passed.
4
In this section “relevant detention and training order” means—
a
a detention and training order under section 233,
b
an order under section 211 of the Armed Forces Act 2006 (corresponding order under that Act), or
c
an order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention and training order: offender convicted before the commencement of this Act).