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Discretionary life sentences

Discretionary life sentencesA discretionary life sentence is a life sentence given to an offender in respect of an offence for which life imprisonment (or custody for life) is available but not fixed by law.Any sentencing tribunal must be satisfied of the following before imposing a discretionary life sentence:•(a) the offender is convicted of an offence listed in Schedule 19 of the Sentencing Code, and•(b) the offence was committed on or after 4 April 2005, and•(c) in the court’s opinion the offender poses a significant risk to the public of serious harm by the commission of further specified offences, and•(d) the court considers that the seriousness of the offence justifies the imposition of imprisonment for lifeA number of offences carry life imprisonment, eg manslaughter, kidnapping, torture and hijacking. However, this does not necessarily mean that an offender will receive a life sentence.Life sentences are generally reserved for those cases where the culpability of the offender is particularly high or the offence is exceptionally serious.Under SA 2020, s 285, the court is...

Mandatory life sentences

This Practice Note reflects the procedural code for sentencing offenders in England and Wales (Sentencing Code) that applies from 1 December 2020, as set out in Parts 2–13 of the Sentencing Act 2020 (SA 2020). For those considering whether the Sentencing Code applies to their case, see Practice Note: Sentencing Code.Mandatory life sentencesA court must impose a sentence for life (life sentence) in respect of an offender who is aged 21 or over and who is convicted of murder (but not related offences such as attempted murder or conspiracy to murder). This is because the sentence is ‘fixed by law’. The same is true of any other offence the sentence for which the sentence fixed by law is life imprisonment.Where an offender is aged over 18 on the date of the offence but under 21 on the date of conviction, the equivalent sentence is custody for life.The applicable sentence for a person convicted of murder who was under 18 at the time of the offence is detention at His Majesty's...

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Corporate Crime weekly highlights—20 June 2024

This week's edition of Corporate Crime weekly highlights includes analysis of the lack of focus on financial crime in the political parties’ manifestos and of how the Labour Party plans to create a new coronavirus (COVID-19) corruption tsar to recoup public money lost in fraud and failed contracts during the pandemic. Also included is news of the FCDO’s updated guidance on Russian sanctions as well as 50 new sanctions designations and specifications targeting Russia, of a construction company fined £2.345m after an employee drowned in a river and that the Post Office (Horizon System) Offences (Scotland) Act 2024 received Royal Assent thereby automatically exonerating wrongly convicted Scottish sub-postmasters. All this, and more, in this week’s Corporate Crime highlights.

Scottish Government announces approval of prisoner early release plan

The Scottish Government has announced its approval of the prisoner early release plan for some short-term prisoners in order to address the impact of a recent increase in the prison population. Under this model and based on criteria set in regulations approved by Parliament, around 514 eligible prisoners are expected to be released among four tranches, starting from 26 June 2024. The Scottish Government explains that this will only apply to prisoners serving less than four years and due to be released within 180 days, and will automatically exclude any prisoner who is serving a life sentence, is on the Sex Offenders Register, is subject to a non-harassment order or has an unspent conviction for domestic abuse. Public safety will remain the priority and will underpin all decisions along with built-in safeguards.

View the latest UK Parliament Acts documents on Life sentence

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