Commentary on Sections Part 12 - Sentencing Chapter 7: Effect of Life Sentence Section 269: Determination of minimum term in relation to mandatory life sentence
608.This section relates to mandatory life sentences (that is, life sentences fixed by law). The only offences carrying a mandatory life sentence are murder and certain offences involving murder.
609.This Section requires a court passing a mandatory life sentence to make an order specifying a period of time the prisoner must serve before the Parole Board can consider release on licence under the provisions of section 28 of the Crime (Sentences) Act 1997 (i.e. the “minimum term”). The exception is that if the offender was 21 or over at the time of the offence, and the court takes the view that the murder is so grave that the offender ought to spend the rest of his life in prison, the order is that those early release provisions are not to apply to the offender (See subsection (4)).
610.A life sentence is defined (by section 277) as meaning a sentence of imprisonment for life, which is imposed on those convicted of murder who are 21 or more years of age, a sentence of custody for life, which is for those aged 18, 19 or 20 years of age, and a sentence of detention during Her Majesty’s Pleasure, which is for those under 18 years of age.
611.The "whole life", 30 year, and 15 year starting points set out in Schedule 21 do not apply to juveniles: all juveniles who receive a mandatory life sentence are subject to a starting point of 12 years.
612.Subsection (3) requires the court to set the minimum term by reference to the seriousness of the offence, and also to take into account time spent on remand.
613.Subsection (5) makes further provision in relation to the assessment of the seriousness of the offence. It requires the court to have regard to the principles set out in Schedule 21, and to any guidelines issued by the Sentencing Guidelines Council (provided they are compatible with the provisions of Schedule 21). Schedule 21 is explained in detail below.
614.Subsection (6) enables the Secretary of State to amend Schedule 21 by order (subject to affirmative resolution procedure). The Secretary of State has a duty to consult the Sentencing Guidelines Council before making such an order.