Policy background Custodial Sentences Life sentence not fixed by law: minimum term
Discretionary life sentences may be imposed where a serious offence (such as manslaughter, rape or grievous bodily harm with intent) has been committed. When imposing such a sentence, the court must set a minimum term (commonly known as a tariff) that must be served in full in custody before the prisoner can be considered for release by the Parole Board. Section 129 changes the way in which the starting point for discretionary life sentence minimum terms are calculated so that there is greater consistency across the sentencing framework as it applies to serious offences.
	The change will require courts to base the minimum term on a starting point of at least two-thirds of a notional determinate sentence instead of half of such a sentence as at present. This change is necessary because most serious violent and sexual offenders who receive determinate sentences – including those who may receive an extended determinate sentence – are required to serve two-thirds of their custodial term before they may be released. The Government has also legislated through the Counter-Terrorism and Sentencing Act 2021, to require that the most serious terrorist offenders given a determinate sentence serve the whole of their custodial term before they can be released. To ensure consistency with that position, where a prisoner receives a discretionary life sentence instead of such a determinate sentence, this change provides that the starting point for the minimum term would be the whole of the custodial term for that notional determinate sentence.
	The measure will amend section 323 of the Code and will mean that those serving discretionary life sentences should serve longer in prison before being considered for release by the Parole Board.