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Sentencing Act 2020

Changes to legislation:

Sentencing Act 2020, SCHEDULE 18 is up to date with all changes known to be in force on or before 29 September 2022. 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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Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 306

SCHEDULE 18E+WSpecified offences for purposes of section 306

PART 1E+WSpecified violent offences

Common law offencesE+W

1E+WManslaughter.

Commencement Information

I1Sch. 18 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2E+WKidnapping.

Commencement Information

I2Sch. 18 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3E+WFalse imprisonment.

Commencement Information

I3Sch. 18 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861E+W

4E+WAn 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

I4Sch. 18 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883E+W

5E+WAn 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

F1Sch. 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

I5Sch. 18 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929E+W

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

Commencement Information

I6Sch. 18 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children and Young Persons Act 1933E+W

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

Commencement Information

I7Sch. 18 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938E+W

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

Commencement Information

I8Sch. 18 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968E+W

9E+WAn 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

I9Sch. 18 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968E+W

10E+WAn 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

I10Sch. 18 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971E+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

I11Sch. 18 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F2Biological Weapons Act 1974E+W

Textual Amendments

F2Sch. 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)

11AE+WAn 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 1982E+W

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

Commencement Information

I12Sch. 18 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982E+W

13E+WAn 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

F3Sch. 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

I13Sch. 18 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F4Nuclear Material (Offences) Act 1983E+W

Textual Amendments

F4Sch. 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)

13AE+WAn 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 1983E+W

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

Commencement Information

I14Sch. 18 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prohibition of Female Circumcision Act 1985E+W

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

Commencement Information

I15Sch. 18 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Public Order Act 1986E+W

16E+WAn 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

I16Sch. 18 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988E+W

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

Commencement Information

I17Sch. 18 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Road Traffic Act 1988E+W

18E+WAn 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

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

Aviation and Maritime Security Act 1990E+W

19E+WAn 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

F5Sch. 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

I19Sch. 18 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994E+W

20E+WAn 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

I20Sch. 18 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F6Chemical Weapons Act 1996E+W

Textual Amendments

F6Sch. 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)

20AE+WAn 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 1997E+W

21E+WAn 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

I21Sch. 18 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime and Disorder Act 1998E+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

I22Sch. 18 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

International Criminal Court Act 2001E+W

23E+WAn 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

I23Sch. 18 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F7Anti-Terrorism, Crime and Security Act 2001E+W

Textual Amendments

23AE+WAn 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 2003E+W

24E+WAn 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

I24Sch. 18 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004E+W

25E+WAn 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

I25Sch. 18 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F8Serious Crime Act 2015E+W

Textual Amendments

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

Modern Slavery Act 2015E+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

I26Sch. 18 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offencesE+W

27E+WAn 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

I27Sch. 18 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

28E+WAn inchoate offence in relation to murder.

Commencement Information

I28Sch. 18 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2E+WSpecified sexual offences

Sexual Offences Act 1956E+W

29E+WAn offence under any of the following provisions of the Sexual Offences Act 1956—

(a)section 1 (rape);

(b)section 2 (procurement of woman by threats);

(c)section 3 (procurement of woman by false pretences);

(d)section 4 (administering drugs to obtain or facilitate intercourse);

(e)section 5 (intercourse with girl under 13);

(f)section 6 (intercourse with girl under 16);

(g)section 7 (intercourse with a defective);

(h)section 9 (procurement of a defective);

(i)section 10 or 11 (incest);

(j)section 14 (indecent assault on a woman);

(k)section 15 (indecent assault on a man);

(l)section 16 (assault with intent to commit buggery);

(m)section 17 (abduction of woman by force or for the sake of her property);

(n)section 19 (abduction of unmarried girl under 18 from parent or guardian);

(o)section 20 (abduction of unmarried girl under 16 from parent or guardian);

(p)section 21 (abduction of defective from parent or guardian);

(q)section 22 (causing prostitution of women);

(r)section 23 (procuration of girl under 21);

(s)section 24 (detention of woman in brothel);

(t)section 25 (permitting girl under 13 to use premises for intercourse;

(u)section 26 (permitting girl under 16 to use premises for intercourse);

(v)section 27 (permitting defective to use premises for intercourse);

(w)section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(x)section 29 (causing or encouraging prostitution of defective);

(y)section 32 (soliciting by men);

(z)section 33A (keeping a brothel used for prostitution).

Commencement Information

I29Sch. 18 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mental Health Act 1959E+W

30E+WAn offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Commencement Information

I30Sch. 18 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Indecency with Children Act 1960E+W

31E+WAn offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Commencement Information

I31Sch. 18 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 1967E+W

32E+WAn offence under either of the following provisions of the Sexual Offences Act 1967—

(a)section 4 (procuring others to commit homosexual acts);

(b)section 5 (living on earnings of male prostitution).

Commencement Information

I32Sch. 18 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968E+W

33E+WAn offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.

Commencement Information

I33Sch. 18 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Law Act 1977E+W

34E+WAn offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).

Commencement Information

I34Sch. 18 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection of Children Act 1978E+W

35E+WAn offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Commencement Information

I35Sch. 18 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Customs and Excise Management Act 1979E+W

36E+WAn offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Commencement Information

I36Sch. 18 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988E+W

37E+WAn offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

Commencement Information

I37Sch. 18 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003E+W

38E+WAn offence under any of the following provisions of the Sexual Offences Act 2003—

(a)section 1 (rape);

(b)section 2 (assault by penetration);

(c)section 3 (sexual assault);

(d)section 4 (causing a person to engage in sexual activity without consent);

(e)section 5 (rape of a child under 13);

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

(g)section 7 (sexual assault of a child under 13);

(h)section 8 (causing or inciting a child under 13 to engage in sexual activity);

(i)section 9 (sexual activity with a child);

(j)section 10 (causing or inciting a child to engage in sexual activity);

(k)section 11 (engaging in sexual activity in the presence of a child);

(l)section 12 (causing a child to watch a sexual act);

(m)section 13 (child sex offences committed by children or young persons);

(n)section 14 (arranging or facilitating commission of a child sex offence);

(o)section 15 (meeting a child following sexual grooming etc);

(p)section 15A (sexual communication with a child);

(q)section 16 (abuse of position of trust: sexual activity with a child);

(r)section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(s)section 18 (abuse of position of trust: sexual activity in the presence of a child);

(t)section 19 (abuse of position of trust: causing a child to watch a sexual act);

(u)section 25 (sexual activity with a child family member);

(v)section 26 (inciting a child family member to engage in sexual activity);

(w)section 30 (sexual activity with a person with a mental disorder impeding choice);

(x)section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);

(y)section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(z)section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);

(aa)section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);

(ab)section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);

(ac)section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);

(ad)section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);

(ae)section 38 (care workers: sexual activity with a person with a mental disorder);

(af)section 39 (care workers: causing or inciting sexual activity);

(ag)section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

(ah)section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

(ai)section 47 (paying for sexual services of a child);

(aj)section 48 (causing or inciting sexual exploitation of a child);

(ak)section 49 (controlling a child in relation to sexual exploitation);

(al)section 50 (arranging or facilitating sexual exploitation of a child);

(am)section 52 (causing or inciting prostitution for gain);

(an)section 53 (controlling prostitution for gain);

(ao)section 57 (trafficking into the UK for sexual exploitation);

(ap)section 58 (trafficking within the UK for sexual exploitation);

(aq)section 59 (trafficking out of the UK for sexual exploitation);

(ar)section 59A (trafficking for sexual exploitation);

(as)section 61 (administering a substance with intent);

(at)section 62 (committing an offence with intent to commit a sexual offence);

(au)section 63 (trespass with intent to commit a sexual offence);

(av)section 64 (sex with an adult relative: penetration);

(aw)section 65 (sex with an adult relative: consenting to penetration);

(ax)section 66 (exposure);

(ay)section 67 (voyeurism);

(az)section 69 (intercourse with an animal);

(ba)section 70 (sexual penetration of a corpse).

Commencement Information

I38Sch. 18 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015E+W

39E+WAn offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Commencement Information

I39Sch. 18 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offencesE+W

40E+WAn inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Commencement Information

I40Sch. 18 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3E+WSpecified terrorism offences

Terrorism Act 2000E+W

41E+WAn offence under any of the following provisions of the Terrorism Act 2000—

(a)section 11 (membership of a proscribed organisation);

(b)section 12 (inviting support for a proscribed organisation);

(c)section 54 (weapons training);

(d)section 56 (directing terrorist organisation);

(e)section 57 (possession of article for terrorist purposes);

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

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

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

(i)section 59 (inciting terrorism overseas).

Commencement Information

I41Sch. 18 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001E+W

[F942E+WAn offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).]

Textual Amendments

Commencement Information

I42Sch. 18 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006E+W

43E+WAn 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).

Commencement Information

I43Sch. 18 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offencesE+W

44E+WAn inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Commencement Information

I44Sch. 18 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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