sec.163Indefinite sentence—imposition

### sec.163 Indefinite sentence—imposition A court may, instead of imposing a fixed term of imprisonment, impose an indefinite sentence on an offender convicted of a qualifying offence on— its own initiative; or an application made by counsel for the prosecution. In imposing sentence under subsection (1) , the court must state in its order the term of imprisonment (the nominal sentence ) that it would have imposed had it not imposed an indefinite sentence. Before a sentence is imposed under subsection (1) , the court must be satisfied— that the Mental Health Act 2016 , chapter 5 , part 3 , does not apply; and that the offender is a serious danger to the community because of— the offender’s antecedents, character, age, health or mental condition; and the severity of the qualifying offence; and any special circumstances. In determining whether the offender is a serious danger to the community, the court must have regard to— whether the nature of the offence is exceptional; and the offender’s antecedents, age and character; and any medical, psychiatric, prison or other relevant report in relation to the offender; and the risk of serious harm to members of the community if an indefinite sentence were not imposed; and the need to protect members of the community from the risk mentioned in paragraph (d) . Subsection (4) does not limit the matters to which a court may have regard in determining whether to impose an indefinite sentence. s 163 amd 2000 No. 16 s 590 s ch 1 pt 2 ; 2010 No. 34 s 36 ; 2016 No. 5 s 923 sch 4 (sec.163-ssec.1) A court may, instead of imposing a fixed term of imprisonment, impose an indefinite sentence on an offender convicted of a qualifying offence on— its own initiative; or an application made by counsel for the prosecution. (sec.163-ssec.2) In imposing sentence under subsection (1) , the court must state in its order the term of imprisonment (the nominal sentence ) that it would have imposed had it not imposed an indefinite sentence. (sec.163-ssec.3) Before a sentence is imposed under subsection (1) , the court must be satisfied— that the Mental Health Act 2016 , chapter 5 , part 3 , does not apply; and that the offender is a serious danger to the community because of— the offender’s antecedents, character, age, health or mental condition; and the severity of the qualifying offence; and any special circumstances. (sec.163-ssec.4) In determining whether the offender is a serious danger to the community, the court must have regard to— whether the nature of the offence is exceptional; and the offender’s antecedents, age and character; and any medical, psychiatric, prison or other relevant report in relation to the offender; and the risk of serious harm to members of the community if an indefinite sentence were not imposed; and the need to protect members of the community from the risk mentioned in paragraph (d) . (sec.163-ssec.5) Subsection (4) does not limit the matters to which a court may have regard in determining whether to impose an indefinite sentence. - (a) its own initiative; or - (b) an application made by counsel for the prosecution. - (a) that the Mental Health Act 2016 , chapter 5 , part 3 , does not apply; and - (b) that the offender is a serious danger to the community because of— (i) the offender’s antecedents, character, age, health or mental condition; and (ii) the severity of the qualifying offence; and (iii) any special circumstances. - (i) the offender’s antecedents, character, age, health or mental condition; and - (ii) the severity of the qualifying offence; and - (iii) any special circumstances. - (i) the offender’s antecedents, character, age, health or mental condition; and - (ii) the severity of the qualifying offence; and - (iii) any special circumstances. - (a) whether the nature of the offence is exceptional; and - (b) the offender’s antecedents, age and character; and - (c) any medical, psychiatric, prison or other relevant report in relation to the offender; and - (d) the risk of serious harm to members of the community if an indefinite sentence were not imposed; and - (e) the need to protect members of the community from the risk mentioned in paragraph (d) .