Legalize / United Kingdom / Public General Act

Sentencing Act 2020

Type Public General Act

Publication 2020-10-22

Last updated 2026-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

PDF Download

articles Not indexed

Reform history JSON API

(2) The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision

13

(1) In dealing with an offender under paragraph 10(5)(b) or 11(2)(b), the court may—

(a) extend the duration of particular requirements, subject to any limit imposed by Schedule 9;

(b) substitute a later date for the end date.

(2) A date substituted under sub-paragraph (1)(b)—

(a) must not be more than 6 months after the end date;

(b) subject to that, may be more than 3 years after the date of the order.

(3) Once the power in sub-paragraph (1)(b) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(4) Where—

(a) a community order does not contain an unpaid work requirement, and

(b) in dealing with the offender under paragraph 10(5)(b) or 11(2)(b), the court imposes an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 2(1) of Schedule 9) must not, in aggregate, be less than 20.

(5) Paragraphs 10(5)(b) and 11(2)(b) (power to impose more onerous requirements) have effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

Power under paragraphs 10 and 11 to commit to prison: further provision

13A

(1) In the case of a person under the age of 21—

(a) an order under paragraph 10(5)(ba) or 11(2)(ba) must be for committal to a young offender institution instead of to prison, but

(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.

(2) A person committed to prison or a young offender institution by an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded as being in legal custody.

(3) No more than three orders under paragraph 10(5)(ba) or 11(2)(ba) may be made in relation to the same community order.

PART 3 — Revocation of order with or without re-sentencing

Community order subject to magistrates' court supervision

14

(1) This paragraph applies where a community order subject to magistrates' court supervision is in force, and

(a) the offender, or

(b) an officer of a provider of probation services,

applies to the appropriate magistrates' court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) In this paragraph “the appropriate magistrates' court” means—

(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, that court, ...

(aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and

(b) in any other case, a magistrates' court acting in the offender's home local justice area.

(3) No application may be made under this paragraph while an appeal against the community order is pending.

(4) Unless the application was made by the offender, the appropriate magistrates' court—

(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(5) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—

(a) revoke the community order, or

(b) both—

(i) revoke the community order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(6) The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

Crown Court community order

15

(1) This paragraph applies where a Crown Court community order is in force and—

(a) the offender, or

(b) an officer of a provider of probation services,

applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) No application may be made under this paragraph while an appeal against the community order is pending.

(3) Unless the application was made by the offender, the Crown Court—

(a) must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(5) The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Part 3A — Termination of order

15A

(1) This paragraph applies if—

(a) a community order is in force,

(b) the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures),

(c) in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,

(d) in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and

(e) in a case where a sentence plan has been prepared for the offender, the responsible officer—

(i) considers that the offender has met the objectives set out in the plan, and

(ii) does not consider that it is necessary to add to those objectives.

(2) The community order terminates on the date specified by the responsible officer to the offender.

(3) In this paragraph “sentence plan”, in relation to an offender to whom a community order relates, means a plan prepared by the responsible officer which sets out—

(a) the community order requirements imposed by the order,

(b) any objectives to be met by the offender for the purposes of the order, and

(i) will comply with those requirements, and

(ii) will meet any such objectives.

(4) If section 38 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.

PART 4 — Amendment of order

Amendment because of change of residence

16

(1) This paragraph applies where at any time while a community order is in force—

(a) the offender is given permission under section 216 to change residence, and

(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) If the permission is given by a court, the court must amend the order to specify the new local justice area as the offender's home local justice area.

(3) If the permission is given by the responsible officer—

(a) the officer must give notice to the appropriate court of the permission, and

(b) the court must amend the order as set out in sub-paragraph (2).

17

(1) This paragraph applies where at any time while a community order is in force—

(a) a court amends the order,

(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) The court must amend the order to specify the new local justice area as the offender's home local justice area.

Amendment because of variation of curfew requirement by responsible officer

17A

(1) This paragraph applies where at any time the responsible officer gives—

(a) a copy of a variation notice in relation to a community order, and

(b) evidence of the offender’s consent to the notice,

to the appropriate court under paragraph 10A of Schedule 9.

(2) The appropriate court must amend the order to reflect the effect of the variation notice.

Amendment of requirements of community order

18

(1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend a community order—

(a) by cancelling any of the requirements of the order, or

(b) by replacing any of those requirements with a requirement of the same kind which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2) For the purposes of sub-paragraph (1)(b)—

(a) requirements are of the same kind if they fall within the same entry in column 1 of the table in section 201, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3) No application may be made under this paragraph while an appeal against the community order is pending, other than an application which—

(a) relates to a treatment requirement, and

(b) is made by an officer of a provider of probation services with the offender's consent.

(4) Before exercising its powers under this paragraph, the court must summon the offender to appear before it, unless—

(a) the application was made by the offender, or

(b) the court would exercise the powers only to—

(i) cancel a requirement of the community order,

(ii) replace any such requirement with one of a shorter duration, or

(iii) substitute a new place for one specified in the order.

(5) If the offender fails to appear in answer to a summons under sub-paragraph (4) the court may issue a warrant for the offender's arrest.

(6) Sub-paragraph (1)(b) has effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

(7) The court may not under this paragraph amend a treatment requirement unless the offender expresses willingness to comply with the requirement as amended.

(8) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a) revoke the community order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it—

(a) must take into account the extent to which the offender has complied with the requirements of the order, and

(b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

Amendment of treatment requirement on report of practitioner

19

(1) This paragraph applies where an offender is being treated in pursuance of a treatment requirement and the treatment practitioner—

(a) is of the opinion that—

(i) the treatment of the offender should be continued beyond the period specified in the order,

(ii) the offender needs different treatment,

(iii) the offender is not susceptible to treatment, or

(iv) the offender does not require further treatment, or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3) The responsible officer must cause an application to be made under paragraph 18 to the appropriate court for the replacement or cancellation of the requirement.

(4) In this paragraph, “the treatment practitioner”, in relation to a treatment requirement, means—

(a) the medical practitioner or other person specified in the community order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(b) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Extension of order

20

(1) The appropriate court may, on the application of—

(a) the offender, or

(b) an officer of a provider of probation services,

amend a community order by substituting a later date for the end date.

(2) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

(3) A date substituted under sub-paragraph (1)—

(a) must not be more than 6 months after the end date;

(b) subject to that, may be more than 3 years after the date of the order.

(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(5) No application may be made under this paragraph while an appeal against the community order is pending.

...

21

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

PART 5 — Conviction of further offence

Powers of magistrates' court following subsequent conviction

22

Paragraphs 23 and 24 apply where—

(a) a community order (“the existing community order”) is in force in respect of an offender, and

(b) the offender is convicted of an offence by a magistrates' court (“the present court”).

23

(1) This paragraph applies if the existing community order was made by a magistrates' court.

(2) If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—

(a) revoke the community order, or

(b) both—

(i) revoke the community order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5) If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

24

(1) This paragraph applies if the existing community order was made by the Crown Court.

(2) The present court may—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(3) Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5) Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.

Powers of Crown Court following subsequent conviction

25

(1) This paragraph applies where a community order is in force in respect of an offender, and the offender—

(a) is convicted of an offence by the Crown Court, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 24, or

(ii) having been committed by a magistrates' court to the Crown Court for sentence.

(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the community order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.

(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

PART 6 — Supplementary

Adjournment of hearing

26

(1) This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that—

(i) the offender, and

(ii) any officer of a provider of probation services who the court considers has an interest in the proceedings,

have had adequate notice of the time and place for the resumed hearing.

(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Provision of copies of orders etc

27

(1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a community order.

(2) The court must provide copies of the revoking or amending order to—

(a) the offender, and

(b) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—

(a) a provider of probation services that is a public sector provider operating in that area, and

(b) the magistrates' court acting in that area.

(4) In case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
An electronic monitoring requirement	Any person without whose consent the requirement could not be included in the order.

(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the revocation or amendment (the “former home area”), the court must provide a copy of the revoking or amending order to a magistrates' court acting in the former home area.

(6) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7) In this paragraph, “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

SCHEDULE 11 — Transfer of community orders to Scotland or Northern Ireland

PART 1 — Scotland

Making of community order where offender will reside in Scotland

1

(1) This paragraph applies where—

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 4 and 5.

Amendment of community order where offender will reside in Scotland

2

(1) This paragraph applies where—

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.

Requirements: availability and restrictions

3

Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

4

The order must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

5

(1) The order must not impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an electronic compliance monitoring requirement.

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule

6

Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the local authority officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

“in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;

PART 2 — Northern Ireland

Making of community order where offender will reside in Northern Ireland

7

(1) This paragraph applies where—

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) paragraphs 10 to 12 will be satisfied in relation to the order.

Amendment of community order where offender will reside in Northern Ireland

8

(1) This paragraph applies where—

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.

Requirements: availability and restrictions

9

Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

10

The order must not impose an alcohol abstinence and monitoring requirement.

11

The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

12

(1) The order must not impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an attendance centre requirement , where such a requirement is available (see section 207(3));

(h) an electronic compliance monitoring requirement , where such a requirement is available (see section 207(4)).

Further provision where offender resides or will reside in Northern Ireland

13

Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the probation officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

“in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

(d) in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

PART 3 — Making or amendment of order in accordance with Part 1 or 2 of this Schedule

Application

14

This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.

Explanation to be given by court before order is made or amended

15

Before making or amending the community order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 20 (order to be treated as corresponding order),

(b) the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),

(d) its own powers in relation to the community order (see Part 4 of this Schedule).

Matters to be specified in the order

16

(1) The community order must specify—

(a) the locality in Scotland in which the offender resides or will be residing at the relevant time, or

(b) that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) Sub-paragraph (1) has effect in place of section 210 (offender's home local justice area to be specified).

(3) The community order must specify an order as the corresponding order for the purposes of this Schedule.

(4) The corresponding order must be an order that may be made—

(a) in the case of a Scottish community order, by a court in Scotland;

(b) in the case of a Northern Ireland community order, by a court in Northern Ireland.

(5) A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.

(6) That court—

(a) must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and

(b) must, in the case of an offender convicted on indictment, be the sheriff court.

Provision of copies

17

(1) The court which makes or amends the community order must—

(a) forthwith provide the offender with a copy of the order as made or amended, and

(b) provide the home court with—

(i) a copy of the order as made or amended, and

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Where the court—

(a) makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or

(b) amends a community order so as to impose or amend such a requirement,

it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.

(3) The table is—

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
An electronic monitoring requirement	Any person without whose consent the requirement could not be included in the order.

(4) This paragraph has effect in place of section 212 (provision of copies of relevant orders).

PART 4 — Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

Application

18

This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.

Duty to keep in touch with responsible officer

19

(1) The offender must keep in touch—

(a) with the local authority officer concerned, in the case of a Scottish community order, or

(b) with the probation officer concerned, in the case of a Northern Ireland community order,

in accordance with such instructions as the officer may give the offender from time to time.

(2) That obligation is enforceable as if it were a requirement imposed by the community order.

(3) This paragraph has effect in place of section 215.

Order to be treated as corresponding order in certain circumstances

20

(1) The community order is to be treated as if it were a corresponding order.

(2) The relevant home legislation applies accordingly.

(3) In this Schedule, “relevant home legislation”—

(a) in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;

(b) in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.

(4) This paragraph is subject to the following provisions of this Part of this Schedule.

Exercise by home court of powers relating to corresponding orders

21

(1) The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the community order was made.

(6) If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.

(7) If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.

(8) For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—

(a) the court which made the order is now making the community order, and

(b) the offender has just been convicted by or before it of the offence in respect of which the community order was made.

Power of home court to require offender to appear before court in England and Wales

22

(1) Where the home court is of the opinion that—

(a) the offender has breached any of the requirements of the order, or

(b) it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,

the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.

(2) The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—

(a) on information from the local authority officer concerned, if the home court is in Scotland, or

(b) upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.

(3) The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—

(a) of the offender, or

(b) of—

(i) the local authority officer concerned, if the home court is in Scotland;

(ii) the probation officer concerned, if the home court is in Northern Ireland.

Home court to certify breach of requirement

23

(1) Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales—

(a) a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.

Powers of court in England and Wales where offender required to appear under paragraph 22

24

(1) This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales.

(2) The court in England and Wales may issue a warrant for the offender's arrest.

(3) The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.

This is subject to paragraphs 25 and 26.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—

(a) the local authority officer concerned, in the case of a Scottish community order;

(b) the probation officer concerned, in the case of a Northern Ireland community order.

25

(1) This paragraph applies where—

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Scotland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(3) The court may not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or

(4) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 6;

(b) paragraphs 14 to 23.

26

(1) This paragraph applies where—

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(3) The court may not impose an alcohol abstinence and monitoring requirement.

(4) The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

(5) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.

(6) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—

(a) paragraph 13;

(b) paragraphs 14 to 23.

PART 5 — Interpretation

27

In this Schedule—

“breach”, in relation to a requirement, means a failure to comply with it, and related expressions are to be read accordingly;

“corresponding order”, in relation to a community order, means the order specified under paragraph 16(3);

“home court” means—if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, andif the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;

“the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 responsible for—the offender's supervision, anddischarging in relation to the offender the functions of the responsible officer under sections 227A to 227ZK of the Criminal Procedure (Scotland) Act 1995;

“the local council in Scotland” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing at the relevant time;

“Northern Ireland community order” means a community order made or amended in accordance with Part 2 of this Schedule;

“the probation officer concerned”, in relation to an offender, means the probation officer responsible for—the offender's supervision, oras the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

“relevant home legislation” has the meaning given by paragraph 20(3);

“the relevant time”, in relation to the making or amendment of an order in accordance with Part 1, 2 or 4 of this Schedule, means the time when the order or the amendment to it comes into force;

“Scottish community order” means a community order made or amended in accordance with Part 1 of this Schedule.

SCHEDULE 12 — Detention and training order: breach of supervision requirements and further offences

Interpretation

1

In this Schedule—

“breach”, in relation to a supervision requirement, means a failure to comply with it, and related expressions are to be read accordingly;

“supervision requirement” means a requirement with which an offender must comply under—section 242(4)(b), orparagraph 4(4)(b);

“further detention order” means an order under paragraph 3(2)(a);

“further supervision order” means an order under paragraph 3(2)(b).

Breach of supervision requirement: issue of summons or warrant by justice of the peace

2

(1) Sub-paragraph (2) applies where—

(a) a detention and training order, or a further supervision order, is in force in respect of an offender, and

(b) it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.

(2) The justice—

(a) may issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b) if the information is in writing and on oath, may issue a warrant for the offender's arrest.

(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) before a youth court acting for the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.

Power of youth court to deal with offender for breach of supervision requirement

3

(1) Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order.

(2) The court may—

(a) order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,

(b) order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or

(3) The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—

(a) 3 months, and

(b) the period between—

(i) the date of the offender's breach, and

(ii) the last day of the term of the relevant order.

(4) For the purposes of sub-paragraph (3), a breach that is found to have occurred—

(a) over 2 or more days, or

(b) at some time during a period of 2 or more days,

is to be taken to have occurred on the first of those days.

(5) A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.

(6) A period of detention or supervision ordered under sub-paragraph (2)—

(a) begins with the day on which the order is made, and

(b) may overlap to any extent with the period of supervision under the relevant order.

This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).

(7) An offender detained under a further detention order is deemed to be in legal custody.

(8) Detention under a further detention order is—

(a) if the offender has reached the age of 21, to be in prison,

(b) otherwise, to be in such youth detention accommodation as the Secretary of State may determine.

(9) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),

section 380 (order for payment by parent or guardian) applies to the fine.

(10) A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(11) An offender may appeal to the Crown Court against any order made under sub-paragraph (2).

(12) In this paragraph—

(a) “relevant order” means—

(i) a detention and training order, or

(ii) a further supervision order;

(b) any reference to the term of a relevant order is—

(i) in the case of a detention and training order, to the term of the order, and

(ii) in the case of a further supervision order, to the period of supervision imposed by the order.

Supervision where order made under paragraph 3(2)(b)

4

(1) This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order.

(2) During that period of supervision, the offender—

(a) is to be under the supervision of—

(i) an officer of a provider of probation services, or

(ii) a member of a youth offending team, and

(b) may be required to comply with particular requirements.

(3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

(4) The offender must be notified by the Secretary of State of—

(a) the category of person responsible for the offender's supervision, and

(b) any requirements with which the offender must comply.

(5) A notice under sub-paragraph (4) must be given to the offender—

(a) as soon as reasonably practicable after the further supervision order is made, and

(b) before any change in the matters mentioned in that sub-paragraph.

(6) Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.

(7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Interaction of further detention order with other detention and training orders

5

(1) Where—

(a) a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and

(b) the offender—

(i) is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and

(ii) has not at any time been released for supervision under that other order,

the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).

(2) Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—

(a) a relevant detention and training order (see section 248(3)), and

(b) a further detention order,

the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.

(3) Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.

Interaction of further detention order with other custodial sentences

6

(1) The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where—

(a) an offender who is subject to a further detention order becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes subject to a further detention order.

(2) The provision that may be made by regulations under this paragraph includes—

(a) provision as to the time at which the further detention order or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;

(c) provision about the effect of enactments relating to the person's release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.

(3) In this paragraph—

“custodial sentence” includes—a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), anda pre-Code custodial sentence (see section 222(4));

“further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Offence after release for supervision or during further supervision period

7

(1) This paragraph applies where an offender commits an imprisonable offence (“the new offence”)—

(a) after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or

(b) during a period of supervision under a further supervision order.

(2) The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).

(3) That period is the period which—

(a) begins with the date of the order under sub-paragraph (2), and

(b) is equal in length to the period between—

(i) the date on which the new offence was committed, and

(ii) the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.

(4) A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.

(5) Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.

(6) The period for which an offender is ordered under sub-paragraph (2) to be detained—

(a) must, as the court may direct—

(i) be served before and be followed by, or

(ii) be served concurrently with,

any sentence imposed for the new offence, and

(b) in either case, is to be disregarded in determining the appropriate length of that sentence.

(7) Where the new offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is be taken for the purposes of this paragraph to have been committed on the last of those days.

(8) A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.

SCHEDULE 13 — Special sentence for offenders of particular concern: offences

PART 1 — Offences 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);

(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);

(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 any of the following provisions of the Counter-Terrorism Act 2008—

(a) section 54 (breach of police notification requirements etc);

(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).

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

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

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 2 — Sexual 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.

Part 3 — Offences involving or connected with a threat to national security

Official Secrets Act 1911

13

An offence under section 1 of the Official Secrets Act 1911 (spying).

Official Secrets Act 1920

14

An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.

National Security Act 2023

15

An offence under any of the following provisions of the National Security Act 2023—

(a) section 1 (obtaining or disclosing protected information);

(b) section 2 (obtaining or disclosing trade secrets);

(d) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);

(e) section 12 (sabotage);

(f) section 13 (foreign interference);

(g) section 17 (obtaining etc material benefits from a foreign intelligence service);

(ga) section 17A (supporting a designated body);

(gb) section 17B (assisting a designated body);

(gc) section 17C (obtaining etc material benefits from a designated body);

(h) section 18 (preparatory conduct);

(i) section 56 (offences relating to Part 2 notices);

(j) section 65 (requirement to register foreign activity arrangements);

(k) section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);

(l) section 68 (failure to register relevant activities of specified persons);

(m) section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);

(n) section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);

(o) section 77(1) or (2) (provision of false information);

(p) section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).

Certain electoral offences where foreign power condition met

16

An offence—

(a) to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and

(b) in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,

other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.

Inchoate offences

17

An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Certain other offences where foreign power condition met

18

An offence, other than one for which the sentence is fixed by law as life imprisonment—

(a) which is punishable on indictment with imprisonment for more than 2 years, and

(b) where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.

SCHEDULE 14 — Extended sentences: the earlier offence condition: offences

PART 1 — Offences 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

1

Manslaughter.

Offences against the Person Act 1861

2

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);

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

Explosive Substances Act 1883

3

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);

Firearms Act 1968

4

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);

Theft Act 1968

5

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.

Protection of Children Act 1978

6

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

Terrorism Act 2000

7

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

(a) section 54 (weapons training);

(b) section 56 (directing terrorist organisation);

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

Anti-terrorism Crime and Security Act 2001

8

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);

Sexual Offences Act 2003

9

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—

Domestic Violence, Crime and Victims Act 2004

10

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).

Terrorism Act 2006

11

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);

(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).

Modern Slavery Act 2015

12

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).

Murder

13

Murder.

Inchoate offences

14

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

Abolished offences

15

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.

PART 2 — Offences under service law

16

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.

17

(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.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.