Commentary on Sections Part 12 - Sentencing Chapter 5: Dangerous offenders Section 227: Extended sentence for certain violent and sexual offences: persons 18 or over
557.This section replaces and extends the current provisions for extended supervision for sexual and violent offenders contained in section 85 of the Powers of Criminal Courts (Sentencing) Act 2000. The Section makes provision for the extended sentence for certain violent and sexual offences and sets out the conditions which must be met in order for this sentence to be passed. These conditions require that the offender is over 18, has committed a specified sexual or violent offence (listed in Schedule 15) carrying a maximum penalty of between two and ten years and is judged by the court to pose a significant risk of serious harm to the public as defined in subsection (1)(b).  If these conditions are met then subsection (2) requires the court to pass an extended sentence. Subsection (2) also provides that the extended sentence is made up of the “appropriate custodial term” and an “extension period”. The appropriate custodial term is defined in subsection (3) as the period that the court considers to reflect the seriousness of the offence committed (subject to a minimum of 12 months). During the second half of the appropriate custodial term the offender may be released on the recommendation of the Parole Board (see section 247). The court must also specify an extended period of supervision on licence to be added to the sentence for the purpose of public protection. The court may add an extension period of up to five years for violent offenders and eight years for sexual offenders (see subsection (4)). The total term of the extended sentence must not be more than the maximum penalty available for the offence in question (subsection (5)).