Report on Mandatory Sentences - Law Reform Commission

sentence beyond the normal length or, in limited circumstances, beyond the statutory maximum where,
having regard to the defendant’s record, it was considered that this was necessary to protect the public.
However, the courts soon found that the extended sentence was being imposed for relatively minor
offences. In addition, it has been noted that at no time did the extended sentence play a significant role in
sentencing. 445
2.187 Section 37 of the Criminal Justice Act 1967 was replaced by section 28 of the Powers of Criminal
Courts Act 1973, a statute which consolidated the law on sentencing. 446 This, in turn, was repealed by
the Powers of Criminal Courts (Sentencing) Act 2000.
2.188 In 1997, the Crimes (Sentences) Act 1997 was enacted. Section 2 of the 1997 Act, a provision
which was severely criticised during its life, 447 required the imposition of a life sentence, except in
exceptional circumstances, on offenders who had been convicted of a second serious offence. Section 2
was replaced by section 109 of the Powers of Criminal Courts (Sentencing) Act 2000, a statute which
consolidated the law on sentencing. 448 In 2000, the Court of Appeal effectively neutralised the “two
strikes” rule when it ruled that only in exceptional circumstances could judges take into account whether
the offender presented a danger to the public. 449
2.189 In the 2001 Halliday <strong>Report</strong>, it was observed that the public were frustrated by a criminal justice
system which it perceived to be treating “dangerous, violent, sexual and other serious offenders”
leniently. 450 As noted at paragraph 2.154, the Government’s 2002 White Paper Justice for All 451
incorporated many of the recommendations contained in the 2001 Halliday <strong>Report</strong>. 452 This, in turn,
inspired the Criminal Justice Act 2003.
2.190 Section 303 of the Criminal Justice Act 2003 repealed 109 of the Powers of Criminal Courts
(Sentencing) Act 2000. 453 However, the 2003 Act also established a new sentencing provision for public
protection. Section 225 of the 2003 Act required the courts to impose a life sentence for a serious
offence 454 where they were of the opinion that there was a significant risk that the offender would commit
further offences causing serious harm to members of the public if released. If the offence was one in
respect of which the offender would, apart from section 225, be liable to life imprisonment, and the court
considered that the seriousness of the offence, or the offence and one or more offences associated with
it, was such as to justify the imposition of a sentence of life imprisonment, the court was required to
impose a sentence of life imprisonment. Where an offence was serious but did not attract a life sentence
or the current offence was not sufficiently serious, the court was required to impose an indeterminate
sentence of imprisonment for public protection (IPP sentence). Section 226 created a similar sentence
for offenders under 18 years of age.
2.191 Ashworth and Player were highly critical of section 225 and its neighbouring provisions:
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Ashworth Sentencing and Criminal Justice (Butterworths, 3 rd ed, 2000) at 161.
Current Law Statutes (Sweet & Maxwell, 1973).
Henham “Making Sense of the Crime (Sentences) Act 1997” (1998) 61 Mod L Rev 223 at 224-225.
The Powers of Criminal Courts (Sentencing) Act 2000 was enacted pursuant to the recommendations of the
Law Commission and the Scottish Law Commission contained in the 2000 <strong>Report</strong> on the Consolidation of
Legislation relating to Sentencing Cm 4626 SE/2000/15.
Dyer “Ruling neutralises ‘Two Strikes’ Law” The Guardian 10 November 2000.
Justice for All (Home Office, Cm 5563, 2002) at paragraph 5.2.
Justice for All Cm 5563 (Home Office, 2002).
Making Punishments Work: <strong>Report</strong> of a Review of the Sentencing Framework for England and Wales (Home
Office, 2001).
Mandatory Sentences of Imprisonment in Common Law Jurisdictions (Department of Justice, Canada) at 14.
The term “serious offence” is defined by section 224(2) of the Criminal Justice Act 2003.
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