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GLOSSARY

Mandatory life sentence definition

Published by a LexisNexis Corporate Crime expert

What does Mandatory life sentence mean?

It is a statutory requirement that an offender aged 21 and over who is convicted of murder (but not related offences such as attempted murder or conspiracy to murder) must be sentenced to imprisonment for life.

Life imprisonment for murder is a direct consequence of the abolition of the death penalty, and expressly explained as such in the Murder (Abolition of Death Penalty) Act 1965, s 1(1). For an offender aged under 21 on the date of conviction, the equivalent sentence is custody for life (see the Powers of Criminal Courts (Sentencing) Act 2000 (PCC(S)A 2000), s 93) or, if the offender was aged under 18 when the offence was committed, the sentence is one of detention at Her Majesty’s pleasure (see the PCC(S)A 2000, s 90). The mandatory life sentence is like a normal life sentence in that it consists of a minimum term before release rather than an indefinite sentence for public protection.

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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...

Convention rights—compatibility of legislation

Convention rights—compatibility of legislation Parliamentary statements of compatibility The Human Rights Act 1998 (HRA 1998) is designed not only to give people a remedy when their rights under the European Convention on Human Rights (ECHR) have been breached, but also to encourage governments and Parliament to give greater thought during the legislative process to whether an intended piece of legislation will be compatible with Convention rights. HRA 1998, s 19 requires a Minister of the Crown in each House of Parliament, before the second reading of a Bill, to make a statement to the effect that the Bill is compatible with Convention rights (a section 19(1)(a) statement) or, alternatively, (section 19(1)(b)) to the effect that they are unable to make such a statement, but the government wishes Parliament to proceed with the Bill in any event. The form of the statement of compatibility The statement of compatibility must be in writing, but there is no prescribed manner in which the statement must be published. The statement must be...

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