Legislation – Sentencing Act 2020
Changes to legislation:
Sentencing Act 2020, SCHEDULE 19 is up to date with all changes known to be in force on or before 28 April 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.
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 the whole Act associated Parts and Chapters:
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 34A and cross-heading inserted by 2020 c. 17 Sch. 22 para. 1
- s. 80(3)(f) inserted by 2021 c. 17 s. 54(2)
- s. 179(4A) inserted by 2020 c. 17 Sch. 22 para. 11(1)
- s. 179A inserted by 2020 c. 17 Sch. 22 para. 12(2)
- s. 179A(1)(b)(i)(ii) substituted for words by 2020 c. 17 Sch. 22 para. 16(2)
- s. 180(5) inserted by 2020 c. 17 Sch. 22 para. 11(2)
- s. 186(8A) inserted by 2020 c. 17 Sch. 22 para. 11(3)
- s. 202(1A)(1B) inserted by 2020 c. 17 Sch. 22 para. 13(b)
- s. 202(1A)(b)(i)(ii) substituted for words by 2020 c. 17 Sch. 22 para. 17(2)
- s. 204A inserted by 2020 c. 17 Sch. 22 para. 14(2)
- s. 204A(3)(c)(i)(ii) substituted for words by 2020 c. 17 Sch. 22 para. 18(2)
- s. 215(1A)(1B) inserted by 2022 c. 32 s. 149(2)(a)
- s. 215(2A) inserted by 2022 c. 32 s. 149(2)(c)
- s. 226(2)(ba) and word substituted for s. 226(2)(c)(d) by 2020 c. 17 Sch. 22 para. 43
- s. 230(3A) and words inserted by 2020 c. 17 Sch. 22 para. 2
- s. 234(1)(aa) inserted by 2020 c. 17 Sch. 22 para. 27(1)(b)
- s. 234(1)(aa) omitted by 2020 c. 17 Sch. 22 para. 28(1)
- s. 235(3A) inserted by 2020 c. 17 Sch. 22 para. 27(2)
- s. 236(2A) inserted by 2020 c. 17 Sch. 22 para. 29(3)
- s. 236(2A)(b) word substituted by 2020 c. 17 Sch. 22 para. 47(b)
- s. 301(1A)(1B) inserted by 2022 c. 32 s. 149(3)(a)
- s. 301(2A) inserted by 2022 c. 32 s. 149(3)(c)
- s. 323(2A)–(2C) inserted by 2020 c. 17 Sch. 22 para. 85(3)
- s. 343(4) inserted by 2022 c. 32 s. 178(2)
- s. 348A 348B inserted by 2022 c. 32 s. 178(4)
- s. 350(6C)(6D) inserted by 2022 c. 32 s. 178(5)
- s. 387A inserted by 2021 c. 17 s. 54(3)
- s. 397A inserted by 2020 c. 17 Sch. 22 para. 15
- s. 397A(4)(a)(ia) inserted by 2020 c. 17 Sch. 22 para. 19(2)(b)
- s. 397A(4)(a)(i) words omitted by 2020 c. 17 Sch. 22 para. 19(2)(a)
- s. 397A(5) words inserted by 2020 c. 17 Sch. 22 para. 19(3)
- s. 397A(6)(7) inserted by 2020 c. 17 Sch. 22 para. 19(4)
- s. 418(2A) inserted by 2021 c. 11 Sch. 13 para. 43(5)
- Sch. 1 para. 13A inserted by 2020 c. 17 Sch. 22 para. 4(a)
- Sch. 10 para. 10(5)(d) inserted by 2020 c. 17 Sch. 22 para. 21(2)(a)
- Sch. 10 para. 10(9A) inserted by 2020 c. 17 Sch. 22 para. 21(2)(c)
- Sch. 10 para. 11(2)(d) inserted by 2020 c. 17 Sch. 22 para. 21(3)(a)
- Sch. 10 para. 11(6A) inserted by 2020 c. 17 Sch. 22 para. 21(3)(c)
- Sch. 10 para. 10(9A) omitted by 2020 c. 17 Sch. 22 para. 74(1)(b)
- Sch. 10 para. 11(6A) omitted by 2020 c. 17 Sch. 22 para. 75(1)(b)
- Sch. 10 para. 10(5)(d) words substituted by 2020 c. 17 Sch. 22 para. 25(a)
- Sch. 10 para. 10(5)(d) words substituted by 2020 c. 17 Sch. 22 para. 74(1)(a)
- Sch. 10 para. 11(2)(d) words substituted by 2020 c. 17 Sch. 22 para. 26(a)
- Sch. 10 para. 11(2)(d) words substituted by 2020 c. 17 Sch. 22 para. 75(1)(a)
- Sch. 17A para. 24A inserted by 2020 c. 17, Sch. 22 para. 79A (as inserted) by 2021 c. 11 Sch. 13 para. 11(20)(m)
- Sch. 18 para. 26A and cross-heading inserted by 2020 c. 17 Sch. 22 para. 80
- Sch. 19 para. 22A and cross-heading inserted by 2020 c. 17 Sch. 22 para. 84
- Sch. 26 para. 13A inserted by 2021 c. 11 Sch. 13 para. 43(7)(a)
- Sch. 26 para. 15(a)(iii) inserted by 2021 c. 11 Sch. 13 para. 43(7)(c)
- Sch. 26 para. 19(a)(iia) inserted by 2021 c. 11 Sch. 13 para. 43(7)(e)(i)
- Sch. 26 para. 20(c) inserted by 2021 c. 11 Sch. 13 para. 43(7)(f)
- Sch. 26 para. 20A inserted by 2021 c. 11 Sch. 13 para. 43(7)(g)
- Sch. 26 para. 24A inserted by 2021 c. 11 Sch. 13 para. 43(7)(i)
- Sch. 26 para. 20A(za) inserted by 2022 c. 32 s. 129(3)(d)
- Sch. 27 para. 16(2)(a)(b) substituted for words by 2021 c. 11 Sch. 13 para. 43(8)
SCHEDULES
SCHEDULE 19Schedule 19 offences
Common law offences
I61
Manslaughter.
I22
Kidnapping.
I213
False imprisonment.
Offences against the Person Act 1861
I124
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).
Explosive Substances Act 1883
I115
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).
I36
An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.
Infant Life (Preservation) Act 1929
I97
An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Infanticide Act 1938
I148
An offence under section 1 of the Infanticide Act 1938 (infanticide).
Firearms Act 1968
I159
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).
Theft Act 1968
I2010
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).
Criminal Damage Act 1971
I2311
An offence of arson under section 1 of the Criminal Damage Act 1971.
I412
An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
Taking of Hostages Act 1982
I113
An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982
I714
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).
Criminal Justice Act 1988
I1315
An offence under section 134 of the Criminal Justice Act 1988 (torture).
Aviation and Maritime Security Act 1990
I2416
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).
Channel Tunnel (Security) Order 1994
I817
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).
Terrorism Act 2000
I1018
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. |
Anti-terrorism, Crime and Security Act 2001
I1619
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).
Sexual Offences Act 2003
I1820
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. |
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
I1921
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. |
Modern Slavery Act 2015
I1722
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).
Inchoate offences
I2223
An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.
I524
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.