Extended sentences

This is part of our information section on understanding your criminal record. Details of other sentences/disposals can be found here.

 

Who is it issued by and how can I contact them?

Issued by the court – contact the relevant court.

Does it involve guilt?

Yes

Is it recorded on the Police National Computer (PNC)?

Yes

Is it classed as a conviction?

Yes

How long will it be on my record?

It will remain on the PNC indefinitely and can still be mentioned in future criminal proceedings even after it has become spent.

When does it become spent?

Extended sentences are treated in the same way as prison sentences. Therefore, if the custodial sentence plus the extended licence period is over 4 years, then it’s never spent.

When do I have to declare it?

You do not have to declare it after it is spent except for an occupation exempt from the Rehabilitation of Offenders Act, like working with children. Before it is spent you’ll need to declare it, when asked, to employers, insurers and others.

Is it disclosed on DBS checks?

Yes, it will be disclosed on both standard and enhanced checks. Once it becomes spent, it won’t be disclosed on a basic check.

Additional information

Extended Determinate Sentence (EDS)

If the court assesses an individual to be dangerous, they may be sentenced to an extended sentence. The extended sentence is a determinate sentence comprising a custodial term plus an extended period on licence.

The extra period on licence in the community will be determined by the judge based on the ‘length of time considered necessary for the purposes of protecting members of the public from serious harm’. The period should not exceed 5 years for a specified violent offence and 8 years for a specified sexual offence. The total of the custodial term and the extended licence must not exceed the maximum penalty for the offence.

  • The individual has been convicted of a specified offence (a sexual or violent offence listed in Schedule 15 of the Criminal Justice Act 2003) whether the offence was committed before or after this section came into force;
  • The court considers that the individual presents a substantial risk of causing serious harm through re-offending by committing a further specified offence. The “significant risk” test is the same as the test for IPP and therefore they must meet the dangerousness threshold;
  • The court is not required to impose a sentence of imprisonment for life, and
  • Condition A or B is met.

Condition A: at the time the offence was committed the individual had been convicted of a sexual or violent offence listed in Schedule 15B of the CJA 2003.

Condition B: that the current offence merits a determinate sentence of at least 4 years.

Under the pre 3 December 2012 arrangements, release from an extended sentence under the Criminal Justice Act 2003 is at the half way point of the custodial sentence.

For the new EDS (under section 124 of the LASPO Act 2012), release will normally be at the two thirds point of the custodial sentence, unless the custodial sentence is 10 years or more, or the sentence is imposed for an offence listed in Schedule 15B of the CJA 2003, when the case must be referred at the two thirds point to the Parole Board, who will consider whether it is no longer necessary for the protection of the public for the individual to be detained.

Extended Sentence for Public Protection (EPP)

This type of sentence was introduced in April 2005 by the Criminal Justice Act 2003. It was replaced by Extended Determinate Sentence in December 2012 (see above).

For an EPP to be imposed, your offence would need to have been committed on or after 4 April 2005 and you would need to have been convicted of that offence before 3 December 2012.

If you were sentenced to an EPP before 14 July 2008 you will be subject to Parole at the halfway point of your custodial period. If you’re not released on Parole you will be released automatically at the end of the custodial period.

If you were sentenced to an EPP on or after 14 July 2008, you will be automatically released at the halfway point of your custodial sentence.

After release you will be subject to licence until the end of what is left of the custodial period plus the extended period.

If you breach the conditions of your licence, you may be recalled to prison.

 

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