Legislation – Sentencing Act 2020

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Introduction

SCHEDULES

SCHEDULE A1 Offences where terrorist connection not required to be considered

SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021
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 17A Serious terrorism offences

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

Changes to legislation:

Sentencing Act 2020, SCHEDULE 13 is up to date with all changes known to be in force on or before 14 April 2026. 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. Help about Changes to Legislation

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SCHEDULES

F1SCHEDULE 13Special sentence for offenders of particular concern: offences

Sections 252A, 265 and 278

PART 1Offences involving or connected with terrorism

Terrorism Act 2000

1

An offence under any of the following provisions of the Terrorism Act 2000—

(a)

section 11 (membership of a proscribed organisation);

(b)

section 12 (inviting or expressing support for a proscribed organisation);

(c)

section 15 (fund-raising);

(d)

section 16 (use of money or property for terrorist purposes);

(e)

section 17 (involvement in terrorist funding arrangements);

(f)

section 17A (insuring payments made in response to terrorist threats);

(g)

section 18 (laundering of terrorist property);

(h)

section 19 (failure to disclose professional belief or suspicion about terrorist offences);

(i)

section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);

(j)

section 38B (failure to disclose information about acts of terrorism);

(k)

section 39 (disclosure of information prejudicial to a terrorist investigation etc);

(l)

section 54 (weapons training);

(m)

section 56 (directing terrorist organisation);

(n)

section 57 (possession of article for terrorist purposes);

(o)

section 58 (collection of information likely to be of use to a terrorist);

(p)

section 58A (publishing information about members of the armed forces etc);

(q)

section 58B (entering or remaining in a designated area);

(r)

section 59 (inciting terrorism overseas).

Anti-terrorism, Crime and Security Act 2001

2

An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).

Terrorism Act 2006

3

An offence under any of the following provisions of the Terrorism Act 2006—

(a)

section 1 (encouragement of terrorism);

(b)

section 2 (dissemination of terrorist publications);

(c)

section 5 (preparation of terrorist acts);

(d)

section 6 (training for terrorism);

(e)

section 8 (attendance at a place used for terrorist training);

(f)

section 9 (making or possession of radioactive device or material);

(g)

section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h)

section 11 (terrorist threats relating to radioactive devices etc).

Counter-Terrorism Act 2008

4

An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

Terrorism Prevention and Investigation Measures 2011

5

An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).

Counter-Terrorism and Security Act 2015

6

An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).

Inchoate offences

7

An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Abolished offences

8

(1)

An abolished offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

(2)

“Abolished offence”, in relation to an offence (“the current offence”), means an offence that—

(a)

was abolished before the relevant date, and

(b)

would, if committed on the day on which the offender is or was convicted, have constituted the current offence.

(3)

The relevant date is 13 April 2015, unless sub-paragraph (4) or (5) applies.

(4)

If the current offence is within—

(a)

sub-paragraph (a), (b), (o), (p) or (q) of paragraph 1,

(b)

sub-paragraph (a), (b) or (e) of paragraph 3, or

(c)

paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),

the relevant date is 12 April 2019.

(5)

If the current offence is within—

(a)

sub-paragraphs (c) to (k) of paragraph 1,

(b)

paragraph 4, 5 or 6, or

(c)

paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),

the relevant date is the date on which section 21 of the Counter-Terrorism and Sentencing Act 2021 comes into force.

Offences connection with terrorism

9

An offence, other than one for which the sentence is fixed by law as life imprisonment, which is determined to have a terrorist connection under section 69.

PART 2Sexual offences

Sexual Offences Act 2003

10

An offence under either of the following provisions of the Sexual Offences Act 2003—

(a)

section 5 (rape of a child under 13);

(b)

section 6 (assault of a child under 13 by penetration).

Inchoate offences

11

An inchoate offence in relation to an offence specified paragraph 10.

Abolished offences

12

(1)

An abolished offence in relation to an offence specified in either of the preceding paragraphs of this Part of this Schedule.

(2)

“Abolished offence”, in relation to an offence (“the current offence”), means an offence that—

(a)

was abolished before 13 April 2015, and

(b)

would, if committed on the day on which the offender is or was convicted, have constituted the current offence.

F2Part 3Offences involving or connected with a threat to national security

Official Secrets Act 1911

13

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

14

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

15

An offence under any of the following provisions of the National Security Act 2023—

(a)

section 1 (obtaining or disclosing protected information);

(b)

section 2 (obtaining or disclosing trade secrets);

(c)

section 3 (assisting a foreign intelligence service);

(d)

section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e)

section 12 (sabotage);

(f)

section 13 (foreign interference);

(g)

section 17 (obtaining etc material benefits from a foreign intelligence service);

(h)

section 18 (preparatory conduct);

(i)

section 56 (offences relating to Part 2 notices);

(j)

section 65 (requirement to register foreign activity arrangements);

(k)

section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l)

section 68 (failure to register relevant activities of specified persons);

(m)

section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n)

section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o)

section 77(1) or (2) (provision of false information);

(p)

section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

16

An offence—

(a)

to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b)

in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Inchoate offences

17

An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Certain other offences where foreign power condition met

18

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a)

which is punishable on indictment with imprisonment for more than 2 years, and

(b)

where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.