Discretionary life sentences


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert
Practice notes

Discretionary life sentences


Published by a ÀÏ˾»úÎçÒ¹¸£Àû Corporate Crime expert

Practice notes
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Discretionary Life sentences

A 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:

  1. •

    (a) the offender is convicted of an offence listed in Schedule 19 of the Sentencing Code, and

  2. •

    (b) the offence was committed on or after 4 April 2005, and

  3. •

    (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

  4. •

    (d) the court considers that the seriousness of the offence justifies the imposition of imprisonment for life

A 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

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United Kingdom
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Key definition:
Life sentence definition
What does Life sentence mean?

Imprisonment for life is imposed in the most serious cases, although in almost all cases subject to a review by the Parole board after the specified minimum term.

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