SCHEDULES
I1SCHEDULE 6Offences attracting special custodial sentence for offenders of particular concern: England and Wales
This is the Schedule to be substituted for Schedule 13 to the Sentencing Code—
SCHEDULE 13Special sentence for offenders of particular concern: offences
PART 1Offences involving or connected with terrorism
Terrorism Act 2000
1
An offence under any of the following provisions of the Terrorism Act 2000—
a
section 11 (membership of a proscribed organisation);
b
section 12 (inviting or expressing support for a proscribed organisation);
c
section 15 (fund-raising);
d
section 16 (use of money or property for terrorist purposes);
e
section 17 (involvement in terrorist funding arrangements);
f
section 17A (insuring payments made in response to terrorist threats);
g
section 18 (laundering of terrorist property);
h
section 19 (failure to disclose professional belief or suspicion about terrorist offences);
i
section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
j
section 38B (failure to disclose information about acts of terrorism);
k
section 39 (disclosure of information prejudicial to a terrorist investigation etc);
l
section 54 (weapons training);
m
section 56 (directing terrorist organisation);
n
section 57 (possession of article for terrorist purposes);
o
section 58 (collection of information likely to be of use to a terrorist);
p
section 58A (publishing information about members of the armed forces etc);
q
section 58B (entering or remaining in a designated area);
r
section 59 (inciting terrorism overseas).
Anti-terrorism, Crime and Security Act 2001
2
An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
Terrorism Act 2006
3
An 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).
Counter-Terrorism Act 2008
4
An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).
Terrorism Prevention and Investigation Measures 2011
5
An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
Counter-Terrorism and Security Act 2015
6
An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
Inchoate offences
7
An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Abolished offences
8
1
An abolished offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
2
“Abolished offence”, in relation to an offence (“the current offence”), means an offence that—
a
was abolished before the relevant date, and
b
would, if committed on the day on which the offender is or was convicted, have constituted the current offence.
3
The relevant date is 13 April 2015, unless sub-paragraph (4) or (5) applies.
4
If the current offence is within—
a
sub-paragraph (a), (b), (o), (p) or (q) of paragraph 1,
b
sub-paragraph (a), (b) or (e) of paragraph 3, or
c
paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),
the relevant date is 12 April 2019.
5
If the current offence is within—
a
sub-paragraphs (c) to (k) of paragraph 1,
b
paragraph 4, 5 or 6, or
c
paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),
the relevant date is the date on which section 21 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Offences connection with terrorism
9
An offence, other than one for which the sentence is fixed by law as life imprisonment, which is determined to have a terrorist connection under section 69.
PART 2Sexual offences
Sexual Offences Act 2003
10
An offence under either of the following provisions of the Sexual Offences Act 2003—
a
section 5 (rape of a child under 13);
b
section 6 (assault of a child under 13 by penetration).
Inchoate offences
11
An inchoate offence in relation to an offence specified paragraph 10.
Abolished offences
12
1
An abolished offence in relation to an offence specified in either of the preceding paragraphs of this Part of this Schedule.
2
“Abolished offence”, in relation to an offence (“the current offence”), means an offence that—
a
was abolished before 13 April 2015, and
b
would, if committed on the day on which the offender is or was convicted, have constituted the current offence.
Sch. 6 in force at 30.4.2021 for specified purposes and otherwise prosp. see s. 50(1)(b)(3)(f)