Legislation – Police, Crime, Sentencing and Courts Act 2022

Police, Crime, Sentencing and Courts Act 2022, Section 123 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

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Changes and effects yet to be applied to Section 123:

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

Penalties for offences involving children or vulnerable adults

123Penalty for causing or allowing a child or vulnerable adult to die or suffer serious physical harm

(1)

Section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious harm) is amended in accordance with subsections (2) and (3).

(2)

In subsection (7) (penalty in the case of a person’s death), for the words “liable on conviction on indictment” substitute “liable—

(a)

on conviction on indictment in England and Wales, to imprisonment for life or to a fine, or to both;

(b)

on conviction on indictment in Northern Ireland,”.

(3)

In subsection (8) (penalty in the case of serious physical harm), for the words “liable on conviction on indictment” substitute “liable—

(a)

on conviction on indictment in England and Wales, to imprisonment for a term not exceeding 14 years or to a fine, or to both;

(b)

on conviction on indictment in Northern Ireland,”.

(4)

Subsections (2) and (3) apply only in relation to offences where the unlawful act to which the offence relates is an act that occurs, or so much of such an act as occurs, on or after the day on which this section comes into force.

(5)

In Schedule 19 to the Sentencing Code (list of certain specified offences carrying maximum sentence on indictment of imprisonment for life), after paragraph 20 insert—

“Domestic Violence, Crime and Victims Act 2004

20A

(1)

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2).

(2)

The conditions are that—

(a)

the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b)

the offender is liable on conviction on indictment to imprisonment for life.”