[2001] EWCA Crim 443

The "custodial term" to be considered when imposing an extended sentence under s.85 Powers of the Criminal Court (Sentencing) Act 2000 referred to the sentence for the new offence before the court and could not include a period of return to prison in breach of licence. There was no scope in the provisions for the imposition of an extended sentence based on the combination of two or more consecutive sentences for different offences, even when both or all of the offences were sexual or violent.

CA (Crim Div) (Judge Pitchers, Hunt J, Mance LJ)


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