Part 7: Sentencing and release Chapter 1: Custodial sentences Section 128: Sentences of detention during Her Majesty’s pleasure: review of minimum term
Subsection (1) amends the Crime (Sentences) 1997 Act to insert new sections 27A and 27B. These new sections introduce a minimum term review process for individuals who are sentenced to DHMP under the age of 18. These individuals are referred to as ‘an eligible life prisoner’. The purpose of the review is to determine if there should be reduction in their minimum term.
	New section 27A (Sentence of detention during Her Majesty’s pleasure imposed on a person under 18: application for minimum term review) sets out that an eligible prisoner can apply for a review once they have served half of the minimum term of their sentence. They can apply for a further review once two years have passed since the previous application was determined. They can apply for that further review only if they are under the age of 18 when they make the application.
	The application for a review is made to the Secretary of State. The Secretary of State considers the application and, unless they decide the application is frivolous or vexatious, refers it to the High Court.
	Where the decision is not to refer to the application to the High Court, the Secretary of State must inform the eligible life prisoner of the decision and the reasons for it.
	If the eligible life prisoner makes representations or provides further evidence in support of their application within four weeks of being informed of the initial decision, the Secretary of State must consider those representations or evidence. If the Secretary of State no longer considers the application to be frivolous or vexatious they refer it to the High Court. Otherwise, the Secretary of State informs the eligible life prisoner of the decision not to refer the application.
	Subsection (7) of new section 27A defines a DHMP sentence as one that has been imposed either before or after this section comes into force and was made under one of the provisions listed in column 1 of the table at subsection (8).
	It defines the minimum term as the term that was given for the DHMP sentence or if there have been reductions made (under the tariff review process), the term after the most recent of those reductions has been made.
	It defines the minimum term order is the order made under the provision listed in column 2 of the table at subsection (8) that corresponds to the appropriate provision in column 1.
	The application for a minimum term review is determined either when the High Court makes the decision to reduce the minimum term or not, or when the Secretary of State informs the eligible life prisoner that their application will not be referred to the High Court.
	Where an eligible life prisoner made an application for a minimum term review before this new section comes into force, if they had served at least half of their minimum term when they made their application, it should be treated as though it was made under this new section.
	Subsection (11) removes the right from anyone sentenced to DHMP from requesting a review unless the requirements of this new section are met.
	New section 27B (Power of High Court to reduce minimum term) sets out the process when the Secretary of State refers an application for a tariff review to the High Court. The High Court can decide to either reduce the minimum term or confirm that the original minimum term length remains. The decision of the High Court is final. The High Court decides on the appropriate length of any reduction.
	New section 27B(4) sets out the evidence that the High Court must particularly take into account when deciding on whether to reduce a minimum term. This can be amended by regulations made by the Secretary of State (subject to the affirmative resolution procedure).
	Subsection (2) amends section 28 of the Crime (Sentences) 1997 Act to ensure that the release of life prisoners takes into account any reductions made to a minimum term under the tariff review process.
	Subsection (3) provides for transitional cases so that where an eligible life prisoner made an application for a minimum term review before this new section comes into force, if they had served at least half of their minimum term when they made their application, the application should be considered under the policy that existed prior to the new section coming into force.
	This section also applies the review of the minimum term process to service personnel who are sentenced to DHMP under section 218 of the Armed Forces Act 2006.