Part 7: Sentencing and release Chapter 1: Custodial sentences Section 126: Whole life orders for young adult offenders in exceptional cases
Section 126 amends the Code. Subsection (2)(a) amends section 321(3)(a) of the Code to add a reference to new subsections (3A) and (3B) and subsection (2)(b) inserts new subsections (3A) to (3C) into section 321. New subsection (3A) restates the current position which is that when imposing a life sentence, a whole life order may be imposed where the offender was aged 21 or over when the offence was committed.
	New subsections (3B) and (3C) create an exception to the usual position that someone must be at least 21 years of age to receive a whole life order by allowing for the application of whole life orders in exceptional circumstances to those who are aged 18 or over but under 21 at the time when the offence is committed.
	New subsections (3B) and (3C) apply to offences that are committed on or after the date on which these provisions in the Act come into force. The test set out in new subsections (3B) and (3C) is that where the offender is aged 18 or over but under 21 when the offence was committed, the court may impose a whole life order if it considers that the seriousness of the offence (or combination of offences) is exceptionally high even by the standard of offences that would normally attract a whole life order as the starting point for offenders aged 21 and over.
	Section 322 of the Code makes further provision in relation to mandatory life sentences. Subsection (3) amends section 322(3)(a) which sets out the considerations for the court to make in determining seriousness. Subsection (3) amends this provision to include a reference to new subsection (3C) so that the new test to impose whole life orders for 18 to 20-year-olds is considered by courts on determining the seriousness of the offence or offences. Section 146 inserts new subsection (5) in section 261A of the Armed Forces Act 2006 to ensure that the changes to the provisions on whole life orders in sections 321 to 322 and Schedule 21 to the Code will also apply to life sentences imposed by Court Martial.