#10403 - Custodial Sentencing Table Adults And Youths

	ADULTS (18+)				YOUTHS
SENTENCE	Type	Test	Court	Release	Type	Test	Court	Release
Mandatory life sentence fixed by law only murder indeterminate sentence	Imprisonment for life	Must impose if O 18+ when committed AND convicted can only get whole life term if 21+	CC	Referred to parole board after minimum term served. Release if custody no longer necessary to protect public.	Detention at her majesty's pleasure	Impose if O U21 at date of conviction AND U18 on commission starting point = 12 years	CC
	Custody for life	Impose if O 18+ when committed AND 18-20 when convicted starting point = 15 years	CC		Detention at her majesty's pleasure		CC
Minimum fixed term sentences	Minimum 7 years for 3rd class A drug trafficking	Must impose if: O 18 when committed (on / after 1 Oct 1997) 2+ class A drug trafficking pre-cons when committed O convicted of first trafficking before committed second	CC	Must release on licence after serve half. Max 20% reduction for G plea.
	Minimum 3 years for 3rd domestic burglary	Must impose if: O 18 when committed 2+ domestic burglary pre-cons when committed O convicted of first burglary before committed second all burglaries on / after 1 Dec 1999	CC	Must release on licence after serve half. Max 20% reduction for G plea.
	Minimum 5 years for certain firearms offences	Must impose if D 18+ when committed (unless circumstances relating to offence OR offender make it unjust)	CC	Must release on licence after serve half. No reduction for G plea.	Minimum 3 years for certain firearms offences	Must impose if D 16 or 17 when committed (unless circumstances relating to offence OR offender make it unjust)	CC	Must release on licence after serve half.
Discretionary life sentence indeterminate sentence		Shall sentence for life if: O 18-20 NOT murder 21+ would get life life appropriate Unless meets s225 must sentence to life	CC	N/A	Detention for life s91 PCC(S)A 2000	May impose if offence carries life for an adult.	CC	N/A
	ADULTS (18+)				YOUTHS
SENTENCE	Type	Test	Court	Release	Type	Test	Court	Release / Breach
Dangerous offenders offences committed after 4 April 2005	Discretionary life s225 CJA 2003 indeterminate sentence	Must impose if: 18+ convicted of serious specified offence (sch 15) dangerous offence carries life life justified	CC	Must fix minimum term. Referred to parole board after minimum term served. Release only if custody no longer necessary to protect public.	Discretionary detention for life - under s91 PCC(S)A s226 CJA 2003	Must impose if: U18 convicted of serious specified offence (sch 15) dangerous offence carries life for adult life justified	CC	May specify that only become eligible for parole after (usually) half notional determinate term served (i.e. sentence would've got if didn't get life) Referred to parole board after half notional determinate term. Release only if custody no longer necessary to protect public.
	Life for a second listed offence s224A CJA 2003 indeterminate sentence	Must impose if: 18+ sentence condition met: would pass at least 10 years but for this section pre-con condition met: pre-con for sch15B offence AND sentenced to: life - min term 5+ years extended - app custodial term 10+ years imprisonment 10+ years Unless particular circumstances relating to the offence OR previous sch 15B offence OR offender make it unjust	CC	N/A
	Extended sentence s226A CJA 2003	May impose if: 18+ specified offence (sch 15) dangerous sch15B pre-con OR app custodial term 4+ years NOT required to impose imprisonment for life under s225 / s224A	CC	Automatic release after serving 2/3 of app custodial term. Unless current offence has app custodial term of 10+ years OR is listed in sch 15B. Referred to parole board at 2/3. Release only if custody no longer necessary to protect public. Must release at end of app custodial term.	Extended sentence s226B CJA 2003	May impose if: 18+ specified offence (sch 15) dangerous app custodial term 4+ years NOT required to impose imprisonment for life under s226	CC
	ADULTS (18+)				YOUTHS
SENTENCE	Type	Test	Court	Release	Type	Test	Court	Release / Breach
Long-term detention for grave crimes under s91 PCC(S)A						May impose detention (not exceeding that for 18+) if: 10+ convicted of: offence 14+ years imprisonment for adult sexual assault, child sex offence, sexual activity with child family member / inciting certain firearms offence (mandatory min 3 years 16-17) YRO / DTO unsuitable	CC	N/A
Discretionary custodial sentence		Custody threshold passed: offence so serious that neither fine nor community sentence justified.	CC Mags' -max 6 months (/ 12 for 2 e-w offences)	Must release on licence after serve half. Max 1/3 reduction for G plea.	Detention and training order (DTO)	May impose up to max sentence (capped at 24 months) for adult if: U18 convicted of adult imprisonable offence custody threshold passed 15-17 OR persistent offender 12-14	CC Youth court	4, 6, 8, 10, 12, 18, 24 months Released on supervision after half. If breach supervision requirement YC may order detention for failure date - end of DTO (3 month cap) fine up to 1000 If commit imprisonable offence YC can sentence O for new offence AND order detention for new offence - end of DTO
Suspended sentence		CC - 14 days - 2 years Mags' 14 days - 6 months (12 if 2 e-w) Can suspend for 6 months - 2 years (operational period)	CC Mags'	May attach community requirements during supervision period - minimum 6 months. Penalties for breach same as community order.

#10403 - Custodial Sentencing Table Adults And Youths - BPC Criminal Litigation (formerly BPTC) 2024/2025

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