Sentences for adult offenders—determinate sentences of imprisonment and extended sentences
Sentences for adult offenders—determinate sentences of imprisonment and extended sentences

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Sentences for adult offenders—determinate sentences of imprisonment and extended sentences
  • Determinate sentences of imprisonment
  • Extended sentences for violent or sexual offences
  • Extended sentences pre-LASPO 2012
  • The custodial term of an extended sentence pre-LASPO 2012
  • The extension period of an extended sentence pre-LASPO 2012
  • Eligibility for an extended sentences pre-LASPO 2012
  • How the court determines whether an offender poses a significant risk to members of the public
  • Concurrent or consecutive sentences

Determinate sentences of imprisonment

A determinate sentence of imprisonment is a fixed term of imprisonment. An offender with a determinate sentence must be released at the end of his or her sentence. This may be contrasted with a defendant subject to an indeterminate sentence, eg a sentence of imprisonment for public protection (IPP) or life imprisonment. Such an offender is not subject to a fixed term of imprisonment and has no automatic right to be released. Offenders subject to an indeterminate sentence must serve a minimum period of imprisonment before they can be considered for release by the Parole Board.

In the majority of cases the courts will impose a fixed term of imprisonment rather than an indeterminate sentence.

IPPs have now been abolished by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012) but continue to be available in respect of offenders who have been convicted of an offence before the 3 December 2012 but have not been sentenced. See Practice Note: Sentences for adult offenders—life sentence and imprisonment for public protection.

All imprisonable offences have maximum terms of imprisonment, although in practice these are rarely imposed. The length of a prison sentence will depend on the circumstances of each case. The court will consider the seriousness of the offence, the aggravating and mitigating features, and