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 19 is up to date with all changes known to be in force on or before 28 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. Help about Changes to Legislation

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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.


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SCHEDULES

SCHEDULE 19Schedule 19 offences

Section 307

Common law offences

1

Manslaughter.

Annotations:
Commencement Information

I1Sch. 19 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2

Kidnapping.

Annotations:
Commencement Information

I2Sch. 19 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3

False imprisonment.

Annotations:
Commencement Information

I3Sch. 19 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861

4

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

(a)

section 4 (soliciting murder);

(b)

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

(c)

section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(d)

section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e)

section 28 (causing bodily injury by explosives);

(f)

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

(g)

section 32 (endangering the safety of railway passengers).

Annotations:
Commencement Information

I4Sch. 19 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883

5

An offence under either of the following provisions of the Explosive Substances Act 1883—

(a)

section 2 (causing explosion likely to endanger life or property);

(b)

section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Annotations:
Commencement Information

I5Sch. 19 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6

An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.

Annotations:
Commencement Information

I6Sch. 19 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929

7

An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Annotations:
Commencement Information

I7Sch. 19 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938

8

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Annotations:
Commencement Information

I8Sch. 19 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968

9

An offence under any of the following provisions of the Firearms Act 1968—

(a)

section 16 (possession of firearm with intent to endanger life);

(b)

section 17(1) (use of firearm to resist arrest);

(c)

section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d)

section 18 (carrying a firearm with criminal intent).

Annotations:
Commencement Information

I9Sch. 19 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968

10

An offence under either of the following provisions of the Theft Act 1968—

(a)

section 8 (robbery or assault with intent to rob);

(b)

section 10 (aggravated burglary).

Annotations:
Commencement Information

I10Sch. 19 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971

11

An offence of arson under section 1 of the Criminal Damage Act 1971.

Annotations:
Commencement Information

I11Sch. 19 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12

An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Annotations:
Commencement Information

I12Sch. 19 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Taking of Hostages Act 1982

13

An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Annotations:
Commencement Information

I13Sch. 19 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982

14

An offence under any of the following provisions of the Aviation Security Act 1982—

(a)

section 1 (hijacking);

(b)

section 2 (destroying, damaging or endangering safety of aircraft);

(c)

section 3 (other acts endangering or likely to endanger safety of aircraft).

Annotations:
Commencement Information

I14Sch. 19 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988

15

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Annotations:
Commencement Information

I15Sch. 19 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation and Maritime Security Act 1990

16

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a)

section 1 (endangering safety at aerodromes);

(b)

section 9 (hijacking of ships);

(c)

section 10 (seizing or exercising control of fixed platforms);

(d)

section 11 (destroying fixed platforms or endangering their safety);

(e)

section 12 (other acts endangering or likely to endanger safe navigation);

(f)

section 13 (offences involving threats).

Annotations:
Commencement Information

I16Sch. 19 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994

17

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Annotations:
Commencement Information

I17Sch. 19 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000

18

An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2000

Condition

(a) Section 54 (weapons training)

The offence was committed on or after 13 April 2015

(b) Section 56 (directing terrorist organisation)

The offence was committed on or after 12 January 2010.

(c) Section 59 (inciting terrorism overseas)

The offence was committed on or after 12 January 2010 and the offender is liable on conviction on indictment to imprisonment for life.
Annotations:
Commencement Information

I18Sch. 19 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001

19

An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—

(a)

section 47 (use etc of nuclear weapons);

(b)

section 50 (assisting or inducing certain weapons-related acts overseas).

Annotations:
Commencement Information

I19Sch. 19 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003

20

An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003

Condition

(a) Section 1 (rape)

(b) Section 2 (assault by penetration)

(c) Section 4 (causing a person to engage in sexual activity without consent)

The offender is liable on conviction on indictment to imprisonment for life

(d) Section 5 (rape of a child under 13)

(e) Section 6 (assault of a child under 13 by penetration)

(f) Section 8 (causing or inciting a child under 13 to engage in sexual activity)

The offender is liable on conviction on indictment to imprisonment for life

(g) Section 30 (sexual activity with a person with a mental disorder impeding choice)

The offender is liable on conviction on indictment to imprisonment for life

(h) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)

The offender is liable on conviction on indictment to imprisonment for life

(i) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)

The offender is liable on conviction on indictment to imprisonment for life

(j) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)

The offender is liable on conviction on indictment to imprisonment for life

(k) Section 47 (paying for sexual services of a child) against a person aged under 16

The offender is liable on conviction on indictment to imprisonment for life

(l) Section 62 (committing an offence with intent to commit a sexual offence)

The offender is liable on conviction on indictment to imprisonment for life.
Annotations:
Commencement Information

I20Sch. 19 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F1Domestic 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.

Terrorism Act 2006

21

An offence under any of the provisions of the Terrorism Act 2006 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2006

Condition

(a) Section 5 (preparation of terrorist acts)

The offence was committed on or after 12 January 2010

(b Section 6 (training for terrorism)

The offence was committed on or after 13 April 2015

(c) Section 9 (making or possession of radioactive device or material)

The offence was committed on or after 12 January 2010

(d) Section 10 (misuse of radioactive device or material for terrorist purposes etc)

The offence was committed on or after 12 January 2010

(e) Section 11 (terrorist threats relating to radioactive devices etc)

The offence was committed on or after 12 January 2010.
Annotations:
Commencement Information

I21Sch. 19 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015

22

An offence under either of the following provisions of the Modern Slavery Act 2015—

(a)

section 1 (slavery, servitude and forced or compulsory labour);

(b)

section 2 of that Act (human trafficking).

Annotations:
Commencement Information

I22Sch. 19 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences

23

An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.

Annotations:
Commencement Information

I23Sch. 19 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24

(1)

An attempt to commit murder.

(2)

Conspiracy to commit murder.

(3)

An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder.

Annotations:
Commencement Information

I24Sch. 19 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2