Legislation – Sentencing Act 2020

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Introduction

SCHEDULES

SCHEDULE 1 Offences where terrorist connection to be considered

SCHEDULE 2 Order for conditional discharge: commission of further offence

SCHEDULE 3 Youth offender contract: programme of behaviour

SCHEDULE 4 Referral order: further court proceedings

SCHEDULE 5 Breach, revocation and amendment of reparation order

SCHEDULE 6 Youth rehabilitation orders: requirements

SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order

SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland

SCHEDULE 9 Community orders and suspended sentence orders: requirements

SCHEDULE 10 Breach, revocation or amendment of community order

SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland

SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences

SCHEDULE 13 Special sentence for offenders of particular concern: offences

SCHEDULE 14 Extended sentences: the earlier offence condition: offences

SCHEDULE 15 Life sentence for second offence: listed offences

SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction

SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland

SCHEDULE 18 Specified offences for purposes of section 306

SCHEDULE 19 Schedule 19 offences

SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences

SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc

SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation

SCHEDULE 23 Powers to amend the Sentencing Code

SCHEDULE 24 Consequential amendments

SCHEDULE 25 Amendments to the Armed Forces Act 2006

SCHEDULE 26 Further amendments of the Armed Forces Act 2006

SCHEDULE 27 Transitional provisions and savings

SCHEDULE 28 Repeals and revocations

SCHEDULE 29 Repeals and revocations for England and Wales

SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court’s discretion

CHAPTER 3Seriousness and determining sentence

Aggravating factors

67Assaults on emergency workers

(1)

This section applies where a court is considering the seriousness of an offence listed in subsection (3).

(2)

If the offence was committed against an emergency worker acting in the exercise of functions as such a worker, the court—

(a)

must treat that fact as an aggravating factor, and

(b)

must state in open court that the offence is so aggravated.

(3)

The offences referred to in subsection (1) are—

(a)

an offence under any of the following provisions of the Offences against the Person Act 1861—

(i)

section 16 (threats to kill);

(ii)

section 18 (wounding with intent to cause grievous bodily harm);

(iii)

section 20 (malicious wounding);

(iv)

section 23 (administering poison etc);

(v)

section 28 (causing bodily injury by explosives);

(vi)

section 29 (using explosives etc with intent to do grievous bodily harm);

(vii)

section 47 (assault occasioning actual bodily harm);

(b)

an offence under section 3 of the Sexual Offences Act 2003 (sexual assault);

(c)

manslaughter;

(d)

kidnapping;

(e)

an inchoate offence in relation to any of the preceding offences.

(4)

For the purposes of subsection (2) the circumstances in which an offence is to be taken as committed against a person acting in the exercise of functions as an emergency worker include 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.

(5)

In this section, “emergency worker” has the meaning given by section 68.

(6)

Nothing in this section prevents a court from treating the fact that an offence was committed against an emergency worker acting in the exercise of functions as such as an aggravating factor in relation to offences not listed in subsection (3).