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Produced by the Sentencing Academy

Mandatory Minimum Sentences

Sentencing Explained

Published: 26 Aug 2025

Mandatory minimum sentences are fixed by law.1 They apply to certain types of offending, categorised either solely by its type, or by a combination of the offence and a person’s previous record. In most cases, the court can depart from the mandatory minimum if a certain test is met. Until recently, the most common test for this was whether imposing the mandatory minimum would be unjust. However, this is now being overtaken by consideration of whether the court identifies exceptional circumstances.

When conducting these sentencing exercises, judges and magistrates should not take the mandatory minimum as a starting point. Instead, they must navigate the process in the standard way, following any applicable Sentencing Council guideline. Afterwards, they should cross-check to ensure that the resulting sentence is not less than the minimum sentence. Subsequently, they must explain how their sentence accords with the guidelines.2

For the majority of cases involving mandatory minimum sentences, it is proper to make a reduction in sentence to acknowledge a defendant’s guilty plea, if applicable (see our Explainer on Guilty Plea Reductions). However, this must not have the effect of reducing the sentence to less than 80% of the minimum sentence.3 There are three key exceptions to this:

  1. In cases of murder, the reduction will not exceed one-sixth of the minimum term and will never amount to more than five years.
  2. For firearms cases, there is no reduction for a guilty plea, if that reduction would take the sentence below the required minimum sentence.
  3. There is no reduction in the length of driving disqualifications for a guilty plea, due to their status as an ancillary order.4

Deferral of sentence – where the court gives a person a set time to address problems that are perceived as having influenced their offending before sentence is carried out5 – is not appropriate where a mandatory minimum sentence is imposed.

Circumstances in which a mandatory minimum sentence is applicable:

Single Offences

Murder

The current sentencing regime for murder was introduced in 2003 and is now contained in Schedule 21 to the Sentencing Act 2020. Along with disqualifications for driving with excess alcohol, it is a rare example of when there is no scope for departure from the mandatory sentence.

There are subtle differences in the mandatory sentence for murder, depending on the convicted person’s age. For an adult aged over 21, the mandatory sentence is life imprisonment (see our Explainer on Sentencing Murder). For those aged between 18 and 20, the mandatory sentence is custody for life. The practical implications of this are identical to life imprisonment. The equivalent sentence for a juvenile is ‘detention during His Majesty’s pleasure’.6 The life sentence is mandatory, but judges have discretion to set the appropriate minimum term by considering the statutory sentencing framework set out in Schedule 21 to the Sentencing Act 2020. This minimum term must be served before release is considered by the Parole Board. If the person is released by the Parole Board, they will remain on licence for the remainder of their lives, subject to potential recall to custody.

Disqualification from driving

Some traffic offences require a mandatory driving disqualification, regardless of the person’s previous driving record. As for murder, there is no method for departing from the minimum. However, it only applies to the ancillary orders of disqualification, rather than the substantive sentences, such as custody, community orders, or fines (see our Explainer on Ancillary Orders).

There are three common examples of when this minimum can be given:

  1. For driving with excess alcohol, there is a mandatory disqualification of 12 months.7
  2. For dangerous driving, there is a mandatory disqualification of two years after which an individual must complete an extended test.8
  3. If a person has been convicted of a similar offence in the 10 years prior, they receive a mandatory disqualification of either three or six years, depending on the offence.9 These disqualifications take effect immediately and cannot be made consecutive to each other.10

Manslaughter of an emergency worker 

Mandatory life sentences for those convicted of manslaughter of an emergency worker came into force on 28 June 2022.11 It applies to anyone aged 16 or over at the time of the offence.

This is only applicable to cases of unlawful act manslaughter and does not extend to the other variations of manslaughter, which are gross negligence, or partial defences to murder, such as diminished responsibility and loss of control. Unlawful act manslaughter occurs when an individual ‘intends an unlawful act and one likely to do harm to the person and death results which was neither foreseen nor intended’.12

The mandatory sentence is also only applicable if the offence was ‘committed against an emergency worker acting in the exercise of functions as such a worker’.13 ‘Emergency worker’ is broadly defined, borrowing from the provisions previously created for assaults on emergency workers,14 and includes both paid and unpaid employment or engagement. Examples include constables, prison officers, persons employed for the purpose of providing fire or rescue services, and persons employed to provide NHS health services.15

There is no statutory definition of when a potential victim would exercise their functions as an emergency worker. However, the Act clarifies that this includes ‘circumstances where the offence takes place at a time when the person is not at work but is carrying out functions which, if done in work time, would have been in the exercise of functions as an emergency worker’.16 The court must impose the mandatory sentence unless it is satisfied that there are exceptional circumstances regarding the offence or the offending person.17

There is no specific guidance as to what merits exceptional circumstances, but the sentencing guideline for unlawful act manslaughter gives some assistance in the form of principles. Circumstances are said to be exceptional if imposing a life sentence ‘would result in an arbitrary and disproportionate sentence’. It also stipulates that ‘a single striking factor may amount to exceptional circumstances, or it may be the collective impact of all the relevant circumstances.’ If such exceptional circumstances are found, the court should undertake its sentencing exercise by applying the guideline in the normal way.18

Serious terrorism offences 

The court is required to impose a serious terrorism sentence of imprisonment, or detention in a young offender’s institution, if a number of criteria are satisfied:19

  1. The person must have been aged 18 or over when the offence was committed.20
  2. The offence is a serious terrorism offence,21 which was committed on or after 29th June 2021.
  3. The court has not imposed a sentence of imprisonment or custody for life.
  4. The court must be satisfied that there is ‘a significant risk to members of the public of serious harm occasioned by the commission by the offender of further terrorism offences or other specified offences.’
  5. The risk of multiple deaths condition is met.22 This means that ‘the court is of the opinion that either the serious terrorism offence, or the combination of the offence and one or more offences associated with it, was very likely to result in or contribute to (whether directly or indirectly) the deaths of at least two people as a result of an act of terrorism, and the offender was, or ought to have been aware of that likelihood’. It is irrelevant whether or not a death actually occurred.23

The custodial term for a serious terrorism sentence is 14 years and an extension period to be served on licence of at least seven and no more than 25 years.24 The test for departing from the minimum sentence is whether the court finds that there are exceptional circumstances.25

Firearms

A mandatory minimum sentence is applicable to a number of offences involving firearms, including possession, purchase, and acquisition of them.26 The offences are contained in Schedule 20 to the Sentencing Act 2020. The person must have been aged 16 or over when the offence was committed.27 The relevant minimum sentence is five years’ imprisonment or detention if the person is aged 18 or over when convicted, or three years’ detention if they were under 18.28 The court can depart from this if it is satisfied that exceptional circumstances apply.29

Threatening with an offensive weapon or bladed article

A custodial sentence is required for those aged 16 or over who are convicted of threatening a person with an offensive weapon or a bladed article in a public place.30 The length of the minimum sentence varies depending on the convicted person’s age. In the case of a person who is aged 16 or over but under 18 when convicted, a Detention and Training Order of at least four months applies. If the person is aged 18 or over but under 21 when convicted, there is a sentence of detention in a young offender institution for a term of at least six months. If the person is aged at least 21 when convicted, the minimum custodial sentence must be at least six months.31

This sentence can be suspended, but this will rarely be appropriate. Additionally, the prescribed minimum sentence for those aged 16 and 17 years is a Detention and Training Order, which cannot be suspended.32

The test for departure from the minimum sentence varies depending on when the offence was committed. If it was before 28 June 2022, the court must consider whether it would be unjust to impose the minimum sentence. If it is after that date, then the test is whether there are exceptional circumstances.33

Repeat Offences

Automatic life sentences

Automatic life sentences were originally introduced in 1997, repealed in 2005, and reintroduced in

2012, with minor changes.34 They are applicable to a person aged 18 or over who 1) has previously been convicted of a ‘listed offence’, which include the most serious violent, sexual, and terrorist offences, 2) received a sentence equivalent to at least a 10 year custodial sentence for that offence, 3) and is now convicted of another ‘listed offence’ for which the court would impose a sentence of imprisonment of 10 years or more.35

Departure from a life sentence is available if the court is satisfied that there are particular circumstances that relate to the second or first offence, or the individual themselves, which would make it unjust to impose a life sentence.36 This is the only mandatory minimum sentence specifically for repeat offending that has maintained this test. The others, which are arguably for less serious offences than those affected by automatic life sentences, all have a stricter test for departure.

Offensive weapons

A mandatory custodial sentence applies to those convicted of possessing an offensive weapon or having a bladed article on either public or educational premises for a second time. The ‘two strikes’ rule dictates that a person should receive a minimum sentence of six months’ in custody if they are aged 18 or over upon conviction. If they are aged 16 or 17, the minimum sentence is a Detention and Training Order of at least four months.37

The test for departure from the minimum sentence is the same as that for threatening with an offensive weapon or bladed article, but the wording changes depending on the date of the offence’s commission.38 The Court of Appeal has confirmed that consecutive sentences are appropriate for multiple offences in circumstances where a mandatory minimum sentence for this offence is applicable.39

Trafficking of Class A drugs

For a person aged 18 or over who receives a third conviction of this offence, the minimum custodial period is seven years.40 The discretionary test for departing from the mandatory minimum sentence is either, whether the court finds that imposing the minimum sentence would be unjust, or, if the court determines that there are exceptional circumstances, depending on the date of the offence.41

In 2018, the Court of Appeal examined a case where the sentencing judge had departed from the mandatory minimum sentence and found that he had erred in doing so. The length of time since the person’s last drug trafficking conviction and the fact that he was at a relatively low level in the supply chain were not enough to make the imposition of the minimum sentence unjust, and it was pointed out that the provisions were intended to have a deterrent effect.42

Where the minimum sentence applies, there should be a pre-sentence report, unless the court is persuaded that it would be unjust to pass a mandatory minimum sentence. However, the failure to obtain a report is not in itself a fatal flaw in the sentencing exercise.43

Domestic burglary

The minimum custodial term for a third burglary conviction is three years. The person must have been 18 or over when they committed the offence. Additionally, the two other domestic burglary offences must have taken place in England and Wales, or other parts of the United Kingdom.44 The discretionary test for departing from this minimum sentence is whether the court determines that there are exceptional circumstances.45

This note is part of a series explaining terms around sentencing. Other explainers can be found here.

For further information, contact a.wolcke@sentencingacademy.org.uk

  1. See Section 399 of the Sentencing Act 2020. ↩︎
  2. R v Andrews (Michael) [2012] EWCA Crim 2332, R v Silvera [2013] EWCA Crim 1764, and R v Thomas (Murray) [2023] EWCA Crim 543. ↩︎
  3. R v Kewley (Jonathan Franklyn) [2016] EWCA Crim 282 and R v Giff (Derek) [2023] EWCA Crim 594. See also Section 73(2A)-(5) of the Sentencing Act 2020. ↩︎
  4. Overarching guideline on reduction in sentence for guilty plea, pages 4-8. ↩︎
  5. Sections 3-13 of the Sentencing Act 2020, first introduced through Section 1 of the Power of Criminal Courts Act 1973. The maximum time that a sentence may be deferred for is six months. ↩︎
  6. Sections 324, 259, and 275 of the Sentencing Act 2020. ↩︎
  7. Section 34(1) of the Road Traffic Offenders Act 1988. ↩︎
  8. Sections 34(1) and 36(2) of the Road Traffic Offenders Act 1988. ↩︎
  9. Section 34(3) and (3A) of the Road Traffic Offenders Act 1988. ↩︎
  10. R v Meese (Kelvin Thomas) [1973] 1 W.L.R. 675. ↩︎
  11. Inserted into the Sentencing Act 2020 by section 3 of the Police, Crime, Sentencing and Courts Act 2022. ↩︎
  12. R v Creamer (George Walter) [1966] 1 QB 72. ↩︎
  13. Section 285(1)(c) of the Sentencing Act 2020. ↩︎
  14. This mirrors Section 67 of the Sentencing Act 2020 and Section 3 of the Assaults on Emergency Workers (Offences) Act 2018. ↩︎
  15. Section 68(1) and (2) of the Sentencing Act 2020, Section 285A(5) of the Sentencing Act 2020. Section 68(3) further defines key terms. ↩︎
  16. Section 285(3) of the Sentencing Act 2020. ↩︎
  17. Section 285A(2) of the Sentencing Act 2020. ↩︎
  18. https://www.sentencingcouncil.org.uk/offences/crown-court/item/unlawful-act-manslaughter/ Step 3 – Required sentence and exceptional circumstances, 11-13. ↩︎
  19. Section 282A and B of the Sentencing Act 2020 (if the person is aged over 21 when convicted) and Section 268B of the Sentencing Act 2020 (if the person is aged over 18 but under 21 when convicted). ↩︎
  20. Section 268B(1)(b) of the Sentencing Act 2020. ↩︎
  21. As defined in Sections 282B(2), 268B(2), and Section 306(2), with reference to Schedule 17A and Section 69 of the Sentencing Act 2020. ↩︎
  22. Sections 282B(1) and 268B(1) of the Sentencing Act 2020. ↩︎
  23. Sections 282B(3) and (4) and 268B(3) and (4) of the Sentencing Act 2020. Terrorism is defined within Section 1 of the Terrorism Act 2000. ↩︎
  24. Section 282C(2)-(4) and 268(2) of the Sentencing Act 2020. ↩︎
  25. Section 282B(2) of the Sentencing Act 2020. ↩︎
  26. Section 311 and Schedule 20 of the Sentencing Act 2020, formerly Section 51A of the Firearms Act 1968 inserted by Section 287 of the Criminal Justice Act 2003. ↩︎
  27. Section 311(1)(b) of the Sentencing Act 2020. ↩︎
  28. Section 311 (3)-(5) of the Sentencing Act 2020. ↩︎
  29. Section 311(2) of the Sentencing Act 2020. ↩︎
  30. Section 312(1) of the Sentencing Act 2020: If convicted of an offence under Section 1A of the Prevention of Crime Act 1953 or under Section 139AA of the Criminal Justice Act 1988. ↩︎
  31. Section 312(3) of the Sentencing Act 2020. ↩︎
  32. Uddin [2022] EWCA Crim 751. Suspended sentence orders are not available for offenders aged under 18 at the time of sentencing. ↩︎
  33. Section 315(1a) and (3) of the Sentencing Act 2020. ↩︎
  34. By Section 2 of the Crime (Sentences) Act 1997; By the Criminal Justice Act 2003 with effect from 4th April 2005; Section 122 Legal Aid, Sentencing and Punishment of Offenders Act 2012 inserted Section 224 Criminal Justice Act 2003, which is now found in Sections 273 and 283 of the Sentencing Act 2020. ↩︎
  35. Section 283(4) of the Sentencing Act 2020. ↩︎
  36. Sections 273(3) and 283(3) of the Sentencing Act 2020. ↩︎
  37. Through the Criminal Justice and Courts Act 2015 (Commencement No. 2) Order 2015 bringing section 28 of, and Schedule 5 to, the Criminal Justice and Courts Act 2015 into effect. ↩︎
  38. Through section 315(2A) of the Sentencing Act 2020 inserted by section 124 of the Police, Crime, Sentencing and Courts Act 2022. ↩︎
  39. R v Robinson (Dominic Edward Miles) [2016] EWCA Crim 719. ↩︎
  40. Section 313 of the Sentencing Act 2020, previously Section 110 of the Powers of Criminal Courts (Sentencing) Act 2000; This refers to any offence specified in paragraphs 1 and 10 of Schedule 2 to the Proceeds of Crime Act 2002. Class A drugs is as defined in the Misuse of Drugs Act 1971. ↩︎
  41. Section 313(2) and (2A) of the Sentencing Act 2020. ↩︎
  42. R v Marland (Edward James) [2018] EWCA Crim 1770. ↩︎
  43. R v Marland (Edward James) [2018] EWCA Crim 1770 and R v Wooff [2019] EWCA Crim 2249.  R v Densham (Neil James) [2014] EWCA Crim 2552. ↩︎
  44. Section 314(1)-(3) of the Sentencing Act 2020, previously Section 111 of the Powers of Criminal Courts (Sentencing) Act 2000. ↩︎
  45. Section 314(2) and (2A) of the Sentencing Act 2020, inserted by Section 124 of the Police, Crime, Sentencing and Courts Act 2022. ↩︎