The Minimum Term
When passing a life sentence a judge usually imposes a minimum custodial term (a
minimum term order) that must be served before an application can be made for release on parole; once released a defendant will be on licence for the remainder of his/her natural life and may be recalled to prison if considered a risk to the public (this may involve committing a further offence but does not need to).
In the most serious cases of murder, a
whole life order can be imposed for defendants aged 21 or over, in which case life does mean life. When this happens there will be no minimum term imposed and the prisoner will not be eligible for release at any time. A prisoner in this situation can only be released by the Home Secretary on compassionate grounds (e.g. due to very poor health).
When a
minimum term order is imposed, there is no sentencing guideine for deciding on the appropriate minimum term. Instead, the Sentencing Code (Sentencing Act 2020, sections
321,
322 and
Schedule 21) sets out the approach the courts should take.