Sentencing Act 2020

PART 1 E+W Specified violent offences

Common law offences E+W

1 E+W Manslaughter.

Commencement Information

I1 Sch. 18 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Kidnapping.

Commencement Information

I2 Sch. 18 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W False imprisonment.

Commencement Information

I3 Sch. 18 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 16 (threats to kill);

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

(d) section 20 (malicious wounding);

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

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

(g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h) section 27 (abandoning children);

(i) section 28 (causing bodily injury by explosives);

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

(k) section 30 (placing explosives with intent to do bodily injury);

(l) section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m) section 32 (endangering the safety of railway passengers);

(n) section 35 (injuring persons by furious driving);

(o) section 37 (assaulting officer preserving wreck);

(p) section 38 (assault with intent to resist arrest);

(q) section 47 (assault occasioning actual bodily harm).

Commencement Information

I4 Sch. 18 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

5 E+W 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).

[F1 (d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Textual Amendments

F1 Sch. 18 para. 5(d) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(2), 50(2)(h)(3)(c)

Commencement Information

I5 Sch. 18 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929 E+W

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

Commencement Information

I6 Sch. 18 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children and Young Persons Act 1933 E+W

7 E+W An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Commencement Information

I7 Sch. 18 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938 E+W

8 E+W An offence under section 1 of the Infanticide Act 1938 (infanticide).

Commencement Information

I8 Sch. 18 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

9 E+W 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 16A (possession of firearm with intent to cause fear of violence);

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

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

(e) section 18 (carrying a firearm with criminal intent).

Commencement Information

I9 Sch. 18 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

10 E+W An offence under any of the following provisions of the Theft Act 1968—

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

(b) section 9, where the offence is burglary with intent to—

(i) inflict grievous bodily harm on a person, or

(ii) do unlawful damage to a building or anything in it;

(c) section 10 (aggravated burglary);

(d) section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.

Commencement Information

I10 Sch. 18 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971 E+W

11 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. E+W

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

Commencement Information

I11 Sch. 18 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F2 Biological Weapons Act 1974 E+W

Textual Amendments

F2 Sch. 18 para. 11A inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(3), 50(2)(h)(3)(c)

11A E+W An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Taking of Hostages Act 1982 E+W

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

Commencement Information

I12 Sch. 18 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982 E+W

13 E+W 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);

(d) section 4 (offences in relation to certain dangerous articles).

[F3 (e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Textual Amendments

F3 Sch. 18 para. 13(e) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(4), 50(2)(h)(3)(c)

Commencement Information

I13 Sch. 18 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F4 Nuclear Material (Offences) Act 1983 E+W

Textual Amendments

F4 Sch. 18 para. 13A inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(5), 50(2)(h)(3)(c)

13A E+W An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—

(a) section 1B (offences relating to damage to the environment);

(b) section 2 (preparatory acts and threats).]

Mental Health Act 1983 E+W

14 E+W An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Commencement Information

I14 Sch. 18 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prohibition of Female Circumcision Act 1985 E+W

15 E+W An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

Commencement Information

I15 Sch. 18 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Public Order Act 1986 E+W

16 E+W An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot);

(b) section 2 (violent disorder);

(c) section 3 (affray).

Commencement Information

I16 Sch. 18 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

17 E+W An offence under section 134 of the Criminal Justice Act 1988 (torture).

Commencement Information

I17 Sch. 18 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Road Traffic Act 1988 E+W

18 E+W An offence under any of the following provisions of the Road Traffic Act 1988—

(a) section 1 (causing death by dangerous driving);

(b) section 3ZC (causing death by driving: disqualified drivers);

(c) section 3A (causing death by careless driving when under influence of drink or drugs).

Commencement Information

I18 Sch. 18 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation and Maritime Security Act 1990 E+W

19 E+W 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).

[F5 (g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.]

Textual Amendments

F5 Sch. 18 para. 19(g) inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(6), 50(2)(h)(3)(c)

Commencement Information

I19 Sch. 18 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994 E+W

20 E+W 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).

Commencement Information

I20 Sch. 18 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F6 Chemical Weapons Act 1996 E+W

Textual Amendments

F6 Sch. 18 para. 20A inserted (29.6.2021 for specified purposes) by Counter-Terrorism and Sentencing Act 2021 (c. 11), ss. 15(7), 50(2)(h)(3)(c)

20A E+W An offence under either of the following provisions of the Chemical Weapons Act 1996 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment used for producing chemical weapons).]

Protection from Harassment Act 1997 E+W

21 E+W An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

Commencement Information

I21 Sch. 18 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime and Disorder Act 1998 E+W

22 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults). E+W

(2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

Commencement Information

I22 Sch. 18 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

International Criminal Court Act 2001 E+W

23 E+W An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Commencement Information

I23 Sch. 18 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F7 Anti-Terrorism, Crime and Security Act 2001 E+W

Textual Amendments

F7 Sch. 18 para. 23A and cross-heading inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 147(2)(a), 208(5)(p)

23A E+W An offence under either 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).]

Female Genital Mutilation Act 2003 E+W

24 E+W An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation);

(b) section 2 (assisting a girl to mutilate her own genitalia);

(c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).

Commencement Information

I24 Sch. 18 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004 E+W

25 E+W An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Commencement Information

I25 Sch. 18 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F8 Serious Crime Act 2015 E+W

Textual Amendments

F8 Sch. 18 para. 25A and cross-heading inserted (7.6.2022) by Domestic Abuse Act 2021 (c. 17), s. 90(6), Sch. 2 para. 12(3); S.I. 2022/553, regs. 1(2), 3(b)

25A E+W An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).]

Modern Slavery Act 2015 E+W

26 (1) An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). E+W

(2) An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.

Commencement Information

I26 Sch. 18 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

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

Commencement Information

I27 Sch. 18 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

28 E+W An inchoate offence in relation to murder.

Commencement Information

I28 Sch. 18 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2