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 14 is up to date with all changes known to be in force on or before 03 May 2024. 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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Changes and effects yet to be applied to Schedule 14:

  • Sch. 14 para. 15(b) words substituted by 2020 c. 17 Sch. 22 para. 77
  • Sch. 14 para. 18 words substituted by 2020 c. 17 Sch. 22 para. 95(2)(a) (This amendment not applied to legislation.gov.uk. Sch. 22 para. 95(2) substituted immediately before IP completion day by S.I. 2020/1520, regs. 1(1), 5(13)(b))
  • Sch. 14 para. 18 words substituted by 2020 c. 17 Sch. 22 para. 95(2)(b) (This amendment not applied to legislation.gov.uk. Sch. 22 para. 95(2) substituted immediately before IP completion day by S.I. 2020/1520, regs. 1(1), 5(13)(b))

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):

SCHEDULES

SCHEDULE 14Extended sentences: the earlier offence condition: offences

Sections 267 and 280

PART 1Offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

Manslaughter

I181

Manslaughter.

Annotations:
Commencement Information
I18

Sch. 14 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861

I152

An offence under any of the following sections 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 28 (causing bodily injury by explosives);

d

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

Annotations:
Commencement Information
I15

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

Explosive Substances Act 1883

I93

An offence under any 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);

c

section 4 (making or possession of explosive under suspicious circumstances).

Annotations:
Commencement Information
I9

Sch. 14 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968

I104

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

a

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

b

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

c

section 18 (carrying a firearm with criminal intent).

Annotations:
Commencement Information
I10

Sch. 14 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968

I75

An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

Annotations:
Commencement Information
I7

Sch. 14 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection of Children Act 1978

I36

An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).

Annotations:
Commencement Information
I3

Sch. 14 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000

I147

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

a

section 54 (weapons training);

b

section 56 (directing terrorist organisation);

c

section 57 (possession of article for terrorist purposes);

d

section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life.

Annotations:
Commencement Information
I14

Sch. 14 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism Crime and Security Act 2001

I28

An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

a

section 47 (use etc of nuclear weapons);

b

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

c

section 113 (use of noxious substance or thing to cause harm or intimidate).

Annotations:
Commencement Information
I2

Sch. 14 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003

I169

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 7 (sexual assault of a child under 13)

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

(h) Section 9 (sexual activity with a child)

(i) Section 10 (causing or inciting a child to engage in sexual activity)

(j) Section 11 (engaging in sexual activity in the presence of a child)

(k) Section 12 (causing a child to watch a sexual act)

(l) Section 14 (arranging or facilitating commission of a child sex offence)

(m) Section 15 (meeting a child following sexual grooming etc)

(n) Section 25 (sexual activity with a child family member)

The offender is aged 18 or over at the time of the offence

(o) Section 26 (inciting a child family member to engage in sexual activity)

The offender is aged 18 or over at the time of the offence

(p) 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

(q) 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

(r) 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

(s) 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

(t) Section 47 (paying for sexual services of a child)

The offence is against a person aged under 16

(u) Section 48 (causing or inciting sexual exploitation of a child)

(v) Section 49 (controlling a child in relation to sexual exploitation)

(w) Section 50 (arranging or facilitating sexual exploitation of a child)

(x) 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
I16

Sch. 14 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004

I1910

An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Annotations:
Commencement Information
I19

Sch. 14 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006

I1111

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

a

section 5 (preparation of terrorist acts);

b

section 6 (training for terrorism);

c

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

d

section 10 (misuse of radioactive devices or material and misuse and damage of facilities);

e

section 11 (terrorist threats relating to radioactive devices, materials or facilities).

Annotations:
Commencement Information
I11

Sch. 14 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015

I112

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 (human trafficking).

Annotations:
Commencement Information
I1

Sch. 14 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Murder

I413

Murder.

Annotations:
Commencement Information
I4

Sch. 14 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences

I1714

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

Annotations:
Commencement Information
I17

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

Abolished offences

I515

Any offence that—

a

was abolished (with or without savings) before 3 December 2012, and

b

would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.

Annotations:
Commencement Information
I5

Sch. 14 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2Offences under service law

I816

An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

Annotations:
Commencement Information
I8

Sch. 14 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

I1217

1

An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.

2

Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Annotations:
Commencement Information
I12

Sch. 14 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3Offences under the law of Scotland F2or Northern Ireland

I1318

A civilian offence for which the person was convicted in Scotland F6or Northern Ireland and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

F519

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F420

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1Part 3APROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

20A

A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20B

A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

PART 4Interpretation

I621

In this Schedule “imprisonment for life” includes custody for life and detention for life.

Annotations:
Commencement Information
I6

Sch. 14 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F322

In this Schedule—

  • “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

  • “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.