Legislation – Police, Crime, Sentencing and Courts Act 2022
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Changes to legislation:
Police, Crime, Sentencing and Courts Act 2022, Cross Heading: Minimum sentences for particular offences is up to date with all changes known to be in force on or before 18 December 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Part 7 Chapter 1 Crossheading Minimum-sentences-for-particular-offences:
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- Pt. 2 Ch. 3A inserted by 2024 c. 21 s. 28
- s. 44F inserted by 2024 c. 21 s. 29
PART 7Sentencing and release
CHAPTER 1Custodial sentences
Minimum sentences for particular offences
124Minimum sentences for particular offences
(1)
(2)
In section 312 (minimum sentence for offences of threatening with weapon or bladed article)—
(a)
in subsection (2), for “The court” substitute “If the offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”
, and
(b)
“(2A)
If the offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—
(a)
relate to the offence or to the offender, and
(b)
justify not doing so.”
(3)
In section 313 (minimum sentence of 7 years for third class A drug trafficking offence)—
(a)
in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”
,
(b)
“(2A)
If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 7 years unless the court is of the opinion that there are exceptional circumstances which—
(a)
relate to any of the offences or to the offender, and
(b)
justify not doing so.”, and
(c)
in subsection (4)(b), after “subsection (2)” insert “or (2A)”
.
(4)
In section 314 (minimum sentence of 3 years for third domestic burglary)—
(a)
in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”
,
(b)
“(2A)
If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence for a term of at least 3 years unless the court is of the opinion that there are exceptional circumstances which—
(a)
relate to any of the offences or to the offender, and
(b)
justify not doing so.”, and
(c)
in subsection (4)(b), after “subsection (2)” insert “or (2A)”
.
(5)
In section 315 (minimum sentence for repeat offence involving weapon or bladed article)—
(a)
in subsection (2), for “The court” substitute “If the index offence was committed before the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court”
,
(b)
“(2A)
If the index offence was committed on or after the day on which section 124 of the Police, Crime, Sentencing and Courts Act 2022 came into force, the court must impose an appropriate custodial sentence unless the court is of the opinion that there are exceptional circumstances which—
(a)
relate to the offence, to the previous offence or to the offender, and
(b)
justify not doing so.”, and
(c)
in subsection (3), for “subsection (2)” substitute “subsections (2) and (2A)”
.
(6)
In section 316(1)(a) (appeals where previous conviction set aside), after “subsection (2)” insert “or (2A)”
.
(7)
In section 320 (determination of day when offence committed), after “311,” insert “312,”
.
(8)
In section 399(c) (mandatory sentence requirements)—
(a)
in sub-paragraph (ii), after “312(2)” insert “or (2A)”
,
(b)
in sub-paragraph (iii), after “313(2)” insert “or (2A)”
,
(c)
in sub-paragraph (iv), after “314(2)” insert “or (2A)”
, and
(d)
in sub-paragraph (v), after “315(2)” insert “or (2A)”
.
(9)
In Schedule 22 to the Sentencing Act 2020—
(a)
“(aa)
in subsection (2A), for “an appropriate custodial sentence” substitute
“a sentence of imprisonment”;”, and
(b)
“(aa)
in subsection (2A), for “an appropriate custodial sentence” substitute
“a sentence of imprisonment”;”.
(10)
Schedule 12 contains amendments which are consequential on this section.
(11)
An amendment made by Schedule 12, so far as it has effect—
(a)
in relation to dealing with a person for an offence, or
(b)
in relation to a sentence passed for an offence,
has effect only where the person committed the offence on or after the day on which the Schedule came into force.
(12)
For the purposes of subsection (11), where an offence is found to have been committed—
(a)
over a period of 2 or more days, or
(b)
at some time during a period of 2 or more days,
it is to be taken to have been committed on the last of those days.