Provisions of the Crime (Sentences) Act 1997 are brought into force with effect from the 1 October 1997.

The provisions include obligatory minimum sentences for serious offences and for drug trafficking.

However, there are also changes in relation to the mentally ill and juvenile offenders.Life sentences now have to be imposed in certain situations, if a defendant is convicted of a serious offence which was committed on or after the 1 October 1997.Serious offences include conspiracy attempts incitements or solicitation to murder; manslaughter; offences under s 18 of the Offences Against the Person Act; rape or attempted rape; sexual intercourse with a girl under 13 and firearms offences under ss 16, 17 and 18 of the Firearms Act 1968 as well as robbery with a firearm or imitation firearm.If there is such a conviction and at the date the offence is committed the defendant is 18 or over and has already been convicted of another serious offence (however long before) a life sentence is inevitable unless exceptional circumstances can be found by the court relating either to the offence or to the offender.Although this new provision has obvious implications for those who are at risk of conviction of a second offence, defence lawyers will wish to bear the provisions very much in mind when they give advice to someone facing a serious offence for the first time because of the likely implications later in life.Where a life sentence is imposed under these provisions, the court will fix a minimum term to represent the seriousness of the charge before which the Parole Board will not consider when a release on licence might take place.In relation to class A drug trafficking offences a minimum seven year sentence must be imposed if such an offence is committed on or after 1 October 1997 and at the time of the commission of the offence the defendant is 18 or over and has already been convicted of two other class A drug trafficking offences and one of those other offences has been committed after the conviction for the other.

In this case the court may avoid the minimum sentence if it is satisfied as to specific circumstances relating to the of fence or the offender which make the minimum sentence unjust.It should be noted that in relation to class A drug trafficking offences, the seven years can be reduced by 20% to allow for the discount for early plea and it will remain possible to impose Mental Health Act disposals rather than any form of prison sentence whatsoever.The Act introduces new provisions for those sentenced to detention during Her Majesty's pleasure.

This will allow a minimum period to be fixed after which the Parole Board can consider whether release on licence should occur.

The provisions of s 53(2) of the Children & Young Persons Act 1933 have also been amended so that indecent assault upon a man is now defined as a grave crime in addition to an indecent assault upon a man.The youth court is now given power on conviction, after hearing representations, to allow juvenile defendants to be named.A series of new Mental Health Act powers become available from 1 October.

A crown court imposing a prison sentence will now be able to add hospital and limitation directions in defined circumstances.

The effect is that a defendant who no longer requires treatment would be returned to prison to complete the sentence.

The duration of interim hospital orders can now be extended to 12 months in appropriate cases.

The maximum penalty for an offence under the Indecency with Children Act 1969 is increased from two years to ten years.More generally consent is no longer required to any community order unless that order imposes a requirement for psychiatric treatment.Finally the first of the Act's provisions in relation to fine default is brought into effect so that attendance centres are available to those up to 25 years of age instead of 21.Further provisions of the Act will be brought into force on an area by area basis with effect from 1 January 1998.