In these conjoined appeals the appellants had been convicted of sexual offences which brought into play s. 236A of the Criminal Justice Act 2003 ('the Act'). This case note addresses the impact of that section on the appeals and generally. Section 236A introduced a new form of custodial sentence for 'certain offenders of particular concern'. It came into force on 13 April 2015 and applies to all sentences for relevant offences passed after that date, regardless of the date of the commission of the offence. Its provisions are mandatory. The section applies to any person who commits an offence listed in sched. 18A of the Act, who was aged 18 or over when the offence was committed, and who is not being sentenced to life imprisonment or an extended sentence. Section 236A(2) provides that if the court imposes a sentence of imprisonment for the offence, ....the term of the sentence must be equal to the aggregate of - the appropriate custodial term, and a further period of 1 year for which the offender is to be subject to a licence.
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