Section 90
If the conviction is for murder, the sentence falls under Section 90 of the Powers of the Criminal Courts (Sentencing) Act 2000. Such sentences are termed “Detention at Her Majesty’s Pleasure” and a mandatory life sentence will apply. The sentencing court will set a minimum term (also known as the tariff) to be spent in custody, after which the young person can apply to the Parole Board for release. The Secretary of State’s directions to the Parole Board (issued August 2004) set out the assessment criteria for the release of those serving a life sentence. Once released, the young person will be subject to a supervisory licence for an indefinite period.
Section 91
If a young person is convicted of an offence for which an adult could receive at least 14 years in custody, they may be sentenced under Section 91 of the Powers of the Criminal Courts (Sentencing) Act 2000. The length of the sentence can be anywhere up to the adult maximum for the same offence, which for certain offences may be life.
A young person given a Section 91 sentence will be placed in custody. The young person will be released automatically at the halfway point and could be released up to a maximum of 135 days early on the Home Detention Curfew (HDC) scheme, but only if they meet the eligibility criteria for the scheme and pass a risk assessment (authorised by the Governor for those in a young offender institution or the YJB Caseworker for those in secure training centres or secure children's homes). Once released, the young person will be subject to:
- a supervisory licence until their sentence expires, if the sentence is 12 months or more
- a Notice of Supervision for a minimum of three months, if their sentence if less than 12 months.