The minimum term is the time that a prisoner must serve before becoming eligible for parole and is set by a judge at sentencing. If the Parole Board agrees to release an offender, they remain on a life licence until they die and can be immediately returned to prison if they breach the conditions of their licence.
Prisoners are only released when they are not considered to be a risk to the public. Since the abolishment of capital punishment in , life imprisonment has been the mandatory punishment for murder.
The length of the minimum term given depends on the nature of the offence. For example, the starting point for racially aggravated murder is 30 years. When someone is given a whole life term, the judge does not set a minimum term because they can never be considered for release.
Every year around people are given a mandatory life sentence. When sentencing for murder, the court has to follow the process set out in Schedule 21 of the Sentencing Act The first step is to consider whether the defendant should be given a whole life term.
A whole life term means that there is no minimum term set by the judge. As explained above, this is reserved for the most serious cases of murder. In , there was believed to be at least 75 prisoners serving whole life sentences in England and Wales. Unlike in the United States, in England and Wales, a whole life term has never been imposed in a case which did not involve murder.
If the case is not suitable for a whole life term, the judge will go on to consider the minimum term that should be imposed. The starting point for this can be 30 years, 25 years, or 15 years depending on the seriousness of the crime.
If the individual is under the age of 18, the starting point will be 12 years. The starting point will then be adjusted for aggravating or mitigating factors. Aggravating factors include a significant degree of planning and premeditation, physical or mental suffering inflicted on the victim before death, and abuse of a position of trust. Mitigating factors include a lack of intention to kill, lack of premeditation, or the fact that the defendant acted to any degree in self-defence or from fear of violence.
If you are given a life sentence, you will serve, on average, Of course, the specific sentence you are given will depend on the facts of your case. Once you are released from custody, you will spend the remainder of your life on licence. A life sentence does not mean that you will necessarily spend your whole life behind bars. The only prisoners who will stay in prison indefinitely are those who receive a whole life term, or those whom the parole board considers are unsafe to release back into society.
For example, the parole board is unlikely to release prisoners who commit further violent offences whilst they are in prison. Receiving a life sentence means that even once you have been released from prison custody, you will always remain on licence. Life on licence comes with rules and restrictions. You must follow the conditions of your licence or you may be returned to prison. This is known as recall. Explanatory materials back 1.
Imposition of community orders 2. Breach of community order. Imposition of custodial sentences 2. Breach of a suspended sentence order. Explanatory materials back Approach to the assessment of fines Explanatory materials back 1.
Approach to the assessment of fines - introduction 2. Fine bands 3. Definition of relevant weekly income 4. Assessment of financial circumstances 5. Approach to offenders on low income 6. Offence committed by an organisation 8. Reduction for a guilty plea 9. Maximum fines Multiple offences Imposition of fines with custodial sentences Payment Collection orders. Introduction to compensation 2.
Suggested starting points for physical and mental injuries. Racial or religious aggravation — statutory provisions 2. Aggravation related to disability, sexual orientation or transgender identity — statutory provisions 3. Approach to sentencing.
Introduction to out of court disposals 2. While whole life orders mean that inmates will by kept incarcerated until death, this doesn't happen in every case. The Home Secretary may grant release in exceptional circumstances, such as if a prisoner is of a great age or in ill health. Jump directly to the content. Sign in.
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