Under Section 124 LASPO Act 2012 the new extended sentence for adults (see new s.
This is not a straight replacement for IPP but provides a new route to imposing a life sentence.The Criminal Justice Act 2003 introduced the concept of a "dangerous offender". 69, CA, it was held that a discretionary sentence of life imprisonment should be reserved for cases of the utmost gravity.The provisions introduced indeterminate sentences of imprisonment for public protection and extended (determinate) sentences of imprisonment for dangerous sexual or violent offender. Amendments were made by sections 13 to 18 of the Criminal Justice and Immigration Act 2008 in relation to both adults and juveniles. The principal changes to the 2005 arrangements were: A specified offence is one listed in Schedule 15 to the Act (sexual, violent and terrorist related offences). The Court added that where a case was so serious that a discretionary life sentence was required, it would be unduly lenient to impose any other sentence, including an IPP with the same minimum term.Even if all the conditions in section 122 apply, the court may still avoid passing the new Mandatory Life Sentence (MLS) if there are particular circumstances relating to either the current offence or the past offence, or to the offender which "would make it unjust to do so in all the circumstances".This is the same formula used in three - strike drug trafficking and three - strikes domestic burglary provisions.
A serious specified offence is any specified offence which is punishable in the case of an adult with at least 10 years' imprisonment. If (a) the offence is not one for which the maximum sentence is life imprisonment or (b) the circumstances of the offence do not justify imprisonment for life, the court must consider whether: In other words, whereas the imposition of a discretionary life sentence is mandatory where the court are satisfied that the criteria for such a sentence are met, the imposition of a sentence of imprisonment for public protection is discretionary, even if the court finds the criteria have been met.
If the offence is one for which the maximum penalty is a discretionary life sentence, and the court considers that seriousness of the offence, or of the offence and one or more offences associated with it, justifies life imprisonment, then the court must impose life imprisonment (or a sentence of custody for life, if 18 but under 21). In  EWCA 2259 the court of Appeal emphasised that the sentence of imprisonment for public protection does not exist in order to pass additional punishment but so that, in appropriate circumstances the necessary protection can be given to the public against future risk.
It will be available where: Schedule 15B contains the relevant offences and quite a few of them are not punishable with life imprisonment.
Many of the sexual offences listed carry maximum sentences of 10 or 14 years.
The above provisions are abolished on 3 December 2012 and replaced by life sentences for second listed offence (the new Mandatory Life Sentence) and a new extended sentence (the Extended Determinate Sentence).
Section 122 of the Legal Aid, Sentencing and Punishment of Offenders (LASPO) Act 2012 introduces the new Mandatory Life Sentence by inserting section 224A Criminal Justice Act 2003.