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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

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(b) in the case of an NISSO, to the Probation Board for Northern Ireland.

Power for home court to refer application to original court

29

(1) This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court).

(2) The home court may (instead of dealing with the application) require the offender to appear before the original court.

Powers exercisable by court in England and Wales only after home court consideration

30

(1) No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with—

(a) paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or

(b) paragraph 29(2) of this Schedule (power of home court to refer application to original court).

(2) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).

PART 7 — Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

Application

31

This Part of this Schedule applies where—

(a) a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,

(b) the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or

(c) a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.

Restrictions on exercise of powers to amend order

32

(1) The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by—

(a) the local council in Scotland, if the order is an SSSO, or

(b) the Probation Board for Northern Ireland, if the order is an NISSO.

(2) If the order is an SSSO, the court must not impose—

(a) an alcohol abstinence and monitoring requirement,

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

(3) If the order is an NISSO—

(a) the court must not impose an alcohol abstinence and monitoring requirement;

(b) the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

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

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

(4) The court 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—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

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

(5) 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) in relation to an NISSO, an attendance centre requirement , where such a requirement is available (see section 291(3));

(h) an electronic compliance monitoring requirement , where such a requirement is available (see section 291(4)).

(6) The court may not provide for the SSSO or NISSO to be subject to review.

Provision of copies

33

(1) This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies.

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

(a) the offender, and

(b) the relevant officer.

(3) Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—

(a) the home authority, and

(b) the home court,

with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.

Application of provisions of Part 3 of this Schedule

34

Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.

PART 8 — Amendment of order: return to England and Wales

Amendment of order: return to England and Wales

35

(1) This paragraph applies where—

(a) an SSSO or NISSO is in force in respect of an offender, and

(b) the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

(2) The home court—

(a) may, and

(b) on the application of the relevant officer must,

amend the suspended sentence order by requiring it to be complied with in England and Wales.

Restrictions on exercise of power under this Part of this Schedule

36

(1) This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside.

(2) The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender resides in that area.

37

(1) This paragraph applies where the SSSO or NISSO imposes a programme requirement.

(2) The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.

Making of order under this Part of this Schedule

38

(1) This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO.

(2) The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).

(3) The home court must—

(a) provide copies of the amending order to—

(i) the offender,

(ii) the relevant officer, and

(iii) a provider of probation services operating in the new local justice area, and

(b) provide the magistrates' court acting in that area with—

(i) a copy of the amending order, and

(ii) such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).

(4) The relevant suspended sentence order ceases to be an SSSO or NISSO.

PART 9 — Supplementary

Electronic monitoring and SSSO

39

Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.

Service of citation or warrant

40

(1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995.

(2) A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.

PART 10 — Interpretation

41

(1) In this Schedule—

“the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

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

“the home authority”—in relation to an SSSO, means the local authority for the local authority area specified in the order;in relation to an NISSO, means the Probation Board for Northern Ireland;

“home court” means—in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, andin the case of an NISSO, a court of summary jurisdiction in Northern Ireland;

“local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;

“the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;

“NISSO” means a relevant suspended sentence order that—has been made or amended under Part 2 of this Schedule (Northern Ireland), andhas not ceased to be such an order under paragraph 35 (transfer to England and Wales);

“original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;

“the relevant officer” means—in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;

“relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;

“the relevant time”—in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;

“SSSO” means a relevant suspended sentence order that—has been made or amended under Part 1 of this Schedule (Scotland), andhas not ceased to be such an order under paragraph 35 (transfer to England and Wales).

(2) For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—

(a) the order is subject to review in accordance with section 293(1), or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

SCHEDULE 17A — Serious terrorism offences

PART 1 — Terrorism offences

Terrorism Act 2000

1

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

(a) section 54 (weapons training);

(b) section 56 (directing a terrorist organisation);

(c) section 59 (inciting terrorism overseas), other than an offence which is an offence by virtue of subsection (2)(c) of that section.

Terrorism Act 2006

2

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 device or material for terrorist purposes etc);

(e) section 11 (terrorist threats relating to radioactive devices etc).

Inchoate offences

3

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

PART 2 — Other offences (in case where determination of terrorist connection under section 69 is made)

Common law offences

4

Manslaughter.

5

Kidnapping.

6

False imprisonment.

Offences against the Person Act 1861

7

An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

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

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

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

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

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

(g) section 32 (endangering the safety of railway passengers).

Explosive Substances Act 1883

8

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);

(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Infant Life (Preservation) Act 1929

9

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

Infanticide Act 1938

10

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

11

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

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

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

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

Theft Act 1968

12

An offence under either of the following provisions of the Theft Act 1968—

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

(b) section 10 (aggravated burglary).

Criminal Damage Act 1971

13

(1) An offence of arson under section 1 of the Criminal Damage Act 1971.

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

Biological Weapons Act 1974

14

An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).

Taking of Hostages Act 1982

15

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

Aviation Security Act 1982

16

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

17

An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—

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

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

Criminal Justice Act 1988

18

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990

19

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats);

(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).

Channel Tunnel (Security) Order 1994

20

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996

21

An offence under either of the following provisions of the Chemical Weapons Act 1996—

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

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

International Criminal Court Act 2001

22

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

Anti-terrorism, Crime and Security Act 2001

23

An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

Modern Slavery Act 2015

24

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).

Inchoate offences

25

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

26

An inchoate offence in relation to murder.

SCHEDULE 18 — Specified offences for purposes of section 306

PART 1 — Specified violent offences

Common law offences

1

Manslaughter.

2

Kidnapping.

3

False imprisonment.

Offences against the Person Act 1861

4

An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 16 (threats to kill);

(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).

Explosive Substances Act 1883

5

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);

(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.

Infant Life (Preservation) Act 1929

6

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

Children and Young Persons Act 1933

7

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

Infanticide Act 1938

8

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

9

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 16A (possession of firearm with intent to cause fear of violence);

(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).

Theft Act 1968

10

An offence under any of the following provisions of the Theft Act 1968—

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

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

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

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

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

Criminal Damage Act 1971

11

(1) An offence of arson under section 1 of the Criminal Damage Act 1971.

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

Biological Weapons Act 1974

11A

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

Taking of Hostages Act 1982

12

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

Aviation Security Act 1982

13

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

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

(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.

Nuclear Material (Offences) Act 1983

13A

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

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

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

Mental Health Act 1983

14

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

Prohibition of Female Circumcision Act 1985

15

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

Public Order Act 1986

16

An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot);

(b) section 2 (violent disorder);

Criminal Justice Act 1988

17

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988

18

An offence under any of the following provisions of the Road Traffic Act 1988—

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

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

Aviation and Maritime Security Act 1990

19

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(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).

(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.

Channel Tunnel (Security) Order 1994

20

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Chemical Weapons Act 1996

20A

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

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

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

Protection from Harassment Act 1997

21

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

Crime and Disorder Act 1998

22

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

(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).

International Criminal Court Act 2001

23

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

Anti-Terrorism, Crime and Security Act 2001

23A

An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

Female Genital Mutilation Act 2003

24

An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation);

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

Domestic Violence, Crime and Victims Act 2004

25

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

Serious Crime Act 2015

25A

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Modern Slavery Act 2015

26

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

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

Inchoate offences

27

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

28

An inchoate offence in relation to murder.

PART 2 — Specified sexual offences

Sexual Offences Act 1956

29

An 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);

(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).

Mental Health Act 1959

30

An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Indecency with Children Act 1960

31

An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Sexual Offences Act 1967

32

An 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).

Theft Act 1968

33

An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.

Criminal Law Act 1977

34

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

Protection of Children Act 1978

35

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

Customs and Excise Management Act 1979

36

An 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).

Criminal Justice Act 1988

37

An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

Sexual Offences Act 2003

38

An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(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);

(axa) section 66A (sending etc photograph or film of genitals);

(axb) section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);

(axc) section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);

(ay) section 67 (voyeurism);

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

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

Modern Slavery Act 2015

39

An 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).

Inchoate offences

40

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

PART 3 — Specified terrorism offences

Terrorism Act 2000

41

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 support for a proscribed organisation);

(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).

Anti-terrorism, Crime and Security Act 2001

42

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

43

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).

Inchoate offences

44

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

SCHEDULE 19 — Schedule 19 offences

Common law offences

1

Manslaughter.

2

Kidnapping.

3

False imprisonment.

Offences against the Person Act 1861

4

An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

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

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

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

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

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

(g) section 32 (endangering the safety of railway passengers).

Explosive Substances Act 1883

5

An offence under either of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

6

An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.

Infant Life (Preservation) Act 1929

7

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

Infanticide Act 1938

8

An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

9

An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

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

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

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

Theft Act 1968

10

An offence under either of the following provisions of the Theft Act 1968—

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

(b) section 10 (aggravated burglary).

Criminal Damage Act 1971

11

An offence of arson under section 1 of the Criminal Damage Act 1971.

12

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

Taking of Hostages Act 1982

13

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

Aviation Security Act 1982

14

An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

Criminal Justice Act 1988

15

An offence under section 134 of the Criminal Justice Act 1988 (torture).

Aviation and Maritime Security Act 1990

16

An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(d) section 11 (destroying fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994

17

An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Terrorism Act 2000

18

An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Anti-terrorism, Crime and Security Act 2001

19

An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

Sexual Offences Act 2003

20

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

20A

(1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2).

(2) The conditions are that—

(a) the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and

(b) the offender is liable on conviction on indictment to imprisonment for life.

Terrorism Act 2006

21

An offence under any of the provisions of the Terrorism Act 2006 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Modern Slavery Act 2015

22

An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 of that Act (human trafficking).

Inchoate offences

23

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

24

(1) An attempt to commit murder.

(2) Conspiracy to commit murder.

(3) An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder.

SCHEDULE 20 — Detention under section 250 and minimum sentences: firearms offences

PART 1 — Offences

1

An offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring weapon or ammunition) committed on or after 22 January 2004.

1A

An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after 6th April 2022.

2

An offence under section 5(1A)(a) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring firearm disguised as another object) committed on or after 22 January 2004.

3

An offence under section 5(2A) of the Firearms Act 1968 (manufacture, sale or transfer of firearm or ammunition, or possession etc for sale or transfer)—

(a) committed in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after 6th April 2022 in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

4

(1) An offence under any of the provisions of the Firearms Act 1968 listed in sub-paragraph (2)—

(a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after 6th April 2022 in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

(2) Those provisions are—

section 16 (possession of firearm or ammunition with intent to injure);

section 16A (possession of firearm with intent to cause fear or violence);

section 17 (use of firearm to resist arrest);

section 18 (carrying firearm with criminal intent);

section 19 (carrying a firearm in a public place);

section 20(1) (trespassing in a building with firearm).

5

An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), where—

(a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

(b) the offence was committed on or after 6th April 2022 in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

PART 2 — Interpretation of Schedule

6

In this Schedule—

“relevant firearm” means a firearm specified in any of the following provisions of section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (af);subsection (1A)(a);

“relevant ammunition” means ammunition specified in subsection (1)(c) of that section.

SCHEDULE 21 — Determination of minimum term in relation to mandatory life sentence for murder etc

Interpretation

1

In this Schedule—

“child” means a person aged under 18;

“mandatory life sentence” means a mandatory life sentence passed in circumstances where the sentence is fixed by law.

Starting points

2

(1) If—

(a) the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and

(b) the offender was aged 21 or over when the offence was committed,

the appropriate starting point is a whole life order.

(2) Cases that would normally fall within sub-paragraph (1)(a) include—

(a) the murder of two or more persons, where each murder involves any of the following—

(i) a substantial degree of premeditation or planning,

(ii) the abduction of the victim, or

(iii) sexual or sadistic conduct,

(b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation,

(ba) the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,

(c) the murder of a police officer or prison officer in the course of his or her duty, where the offence was committed on or after 13 April 2015,

(ca) the murder of an officer of a provider of probation services in the course of his or her duty, where the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,

(cb) the murder of a person who was serving or had ceased to serve as a police officer, a prison officer or an officer of a provider of probation services where—

(i) the offence was motivated wholly or partly by something done by the victim in the course of their duty as a police officer, a prison officer or an officer of a provider of probation services, and

(ii) the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,

(d) a murder done for the purpose of advancing a political, religious, racial or ideological cause, or

(e) a murder by an offender previously convicted of murder.

3

(1) If—

(a) the case does not fall within paragraph 2(1) but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high, and

(b) the offender was aged 18 or over when the offence was committed,

the appropriate starting point, in determining the minimum term, is 30 years.

(2) Cases that (if not falling within paragraph 2(1)) would normally fall within sub-paragraph (1)(a) include—

(a) in the case of a offence committed before 13 April 2015, the murder of a police officer or prison officer in the course of his or her duty,

(b) a murder involving the use of a firearm or explosive,

(c) a murder done for gain (such as a murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death),

(d) a murder intended to obstruct or interfere with the course of justice,

(e) a murder involving sexual or sadistic conduct,

(f) the murder of two or more persons,

(g) a murder that is aggravated by racial or religious hostility or by hostility related to sexual orientation,

(h) a murder that is aggravated by hostility related to disability or transgender identity, where the offence was committed on or after 3 December 2012 (or over a period, or at some time during a period, ending on or after that date),

(i) a murder falling within paragraph 2(2) committed by an offender who was aged under 21 when the offence was committed.

(3) An offence is aggravated in any of the ways mentioned in sub-paragraph (2)(g) or (h) if section 66 requires the court to treat the fact that it is so aggravated as an aggravating factor.

4

(1) If—

(a) the case does not fall within paragraph 2(1) or 3(1),

(b) the offence falls within sub-paragraph (2), ...

(d) the offence was committed on or after 2 March 2010,

the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.

(2) The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to—

(a) commit any offence, or

(b) have it available to use as a weapon,

and used that knife or other weapon in committing the murder.

5

If the offender was aged 18 or over when the offence was committed and the case does not fall within paragraph 2(1), 3(1) or 4(1), the appropriate starting point, in determining the minimum term, is 15 years.

5A

(1) This paragraph applies if—

(a) the offender was aged under 18 when the offence was committed, and

(b) the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2) The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—

(a) the age of the offender when the offence was committed, as set out in column 1, and

(b) the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.

1	2	3	4
Age of offender when offence committed	Starting point supplied by paragraph 3(1) had offender been 18	Starting point supplied by paragraph 4(1) had offender been 18	Starting point supplied by paragraph 5 had offender been 18
17	27 years	23 years	14 years
15 or 16	20 years	17 years	10 years
14 or under	15 years	13 years	8 years

6

(1) This paragraph applies if—

(a) the offender was aged under 18 when the offence was committed, and

(b) the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.

(2) The appropriate starting point, in determining the minimum term, is 12 years.

Aggravating and mitigating factors

7

Having chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.

8

Detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.

9

Aggravating factors (additional to those mentioned in paragraphs 2(2), 3(2) and 4(2)) that may be relevant to the offence of murder include—

(a) a significant degree of planning or premeditation,

(b) the fact that the victim was particularly vulnerable because of age or disability,

(ba) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive and, at the time of the behaviour, the offender and the victim were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,

(bb) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder was connected with—

(i) the end of the offender’s intimate personal relationship with the victim,

(ii) the victim intending to bring about the end of that intimate personal relationship, or

(iii) a belief by the offender as to a thing mentioned in sub-paragraph (i) or (ii),

(ca) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder involved strangulation, suffocation or asphyxiation,

(d) the abuse of a position of trust,

(e) the use of duress or threats against another person to facilitate the commission of the offence,

(f) the fact that victim was providing a public service or performing a public duty, ...

(fa) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the use of sustained and excessive violence towards the victim, and

(g) concealment, destruction or dismemberment of the body.

10

Mitigating factors that may be relevant to the offence of murder include—

(a) an intention to cause serious bodily harm rather than to kill,

(b) lack of premeditation,

(c) the fact that the offender suffered from any mental disorder or mental disability which (although not falling within section 2(1) of the Homicide Act 1957) lowered the offender's degree of culpability,

(ca) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the victim had repeatedly or continuously engaged in behaviour towards the offender that was controlling or coercive and, at the time of the behaviour, the victim and the offender were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,

(d) the fact that the offender was provoked (for example, by prolonged stress) but, in the case of a murder committed before 4 October 2010, in a way not amounting to a defence of provocation,

(e) the fact that the offender acted to any extent in self-defence or, in the case of a murder committed on or after 4 October 2010, in fear of violence,

(f) a belief by the offender that the murder was an act of mercy, and

(g) the age of the offender.

11

Nothing in this Schedule restricts the application of—

(a) section 65 (previous convictions),

(b) section 64 (bail), or

or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.

Offences committed before 18 December 2003

12

(1) This paragraph applies where the offence was committed before 18 December 2003.

(2) If the court makes a minimum term order, the minimum term must, in the opinion of the court, be no be greater than the period which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify to the offender as the minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence.

(3) The court may not make a whole life order unless it is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify the prisoner that the Secretary of State did not intend that the prisoner should ever be released on licence.

PART 1 — General provisions

Pre-sentence drug testing

1

After section 34 insert—

(34A) (1) This section applies where— (a) a person is convicted of an offence, and (b) the court is considering passing— (i) a community sentence, or (ii) a suspended sentence. (2) The court may make an order requiring the offender to provide samples for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body. (3) An order under this section— (a) must specify the descriptions of samples to be provided, (b) if the offender is aged under 17, must provide for the samples to be provided in the presence of an appropriate adult, and (c) may include further provision about how the samples are to be provided. (4) If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on the offender a fine of an amount not exceeding level 4. (5) In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale. (6) The court may not make an order under subsection (2) unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court (and the notice has not been withdrawn). (7) In this section— - “appropriate adult” in relation to a person aged under 17, means— 1. the person's parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation, 2. a social worker of a local authority, or 3. if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes; - “police purposes” has the meaning given by section 101(2) of the Police Act 1996; - “specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act).

2

In section 230 (threshold for imposing discretionary custodial sentence), after subsection (3) insert—

(3A) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to comply with an order under section 34A (pre-sentence drug testing).

Purposes of sentencing

3

(1) For section 58 substitute—

(58) (1) This section applies where a court is dealing with an offender aged under 18 for an offence. (2) The court must have regard to— (a) the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998); (b) in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and (c) the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)). (3) Those purposes of sentencing are— (a) the punishment of offenders, (b) the reform and rehabilitation of offenders, (c) the protection of the public, and (d) the making of reparation by offenders to persons affected by their offences. (4) This section does not apply— (a) to an offence in relation to which a mandatory sentence requirement applies; (b) in relation to making any of the following orders under Part 3 of the Mental Health Act 1983— (i) a hospital order (with or without a restriction order); (ii) an interim hospital order; (iii) a hospital direction; (iv) a limitation direction.

(2) In section 57 (purposes of sentencing: adults), in subsection (1)(b), omit “when convicted”.

Seriousness

4

In Schedule 1 (offences where terrorist connection to be considered)—

(a) after paragraph 13 insert—

(13A) An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports); (e) paragraph 5 (offences in relation to certain dangerous articles).

(b) in paragraph 14, for “13” substitute “ 13A ”.

PART 2 — Referral orders

Referral orders consecutive to earlier referral orders

5

In section 87 (referral order consecutive to earlier referral order), omit subsection (2).

PART 3 — Fines etc: abolition of detention in default of payment

6

In section 119 (power of magistrates' court to fine where only imprisonment etc specified), in subsection (4)—

(a) for paragraph (b) substitute—

(b) the term of imprisonment to which the offender would be subject in default of payment of the fine must not be longer than the term of imprisonment to which the offender is liable on conviction of the offence.

(b) omit the words following paragraph (b).

7

In section 127 (remission of fines following determination under section 126), in subsection (3), omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.

8

In section 129 (fine imposed on offender by Crown Court: duty to make term in default order)—

(a) in subsection (3), for paragraphs (a) and (b) substitute “ of imprisonment ”;

(b) in subsection (4), omit “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”;

(d) in subsection (6), in the words following paragraph (c), omit “or detention”.

9

In section 132 (enforcement of fines imposed on offenders by Crown Court), in subsection (3) omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.

10

In section 382 (power to determine financial circumstances of offender's parent or guardian), in subsection (4), for paragraphs (a) and (b) substitute “ imprisonment ”.

PART 4 — Community sentences

Youth rehabilitation orders with intensive supervision and surveillance

11

(1) In section 179 (exercise of power to impose youth rehabilitation order: general considerations), after subsection (4) insert—

(4A) Nothing in subsection (2) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).

(2) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), after subsection (4) insert—

(5) Nothing in subsection (2) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).

(3) In section 186 (youth rehabilitation order: exercise of power to impose particular requirements), after subsection (8) insert—

(8A) Nothing in subsection (6) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).

Youth rehabilitation order for offender previously fined

12

(1) In section 179 (exercise of power to impose youth rehabilitation order: general considerations), in subsection (2), at the end insert—

This is subject to section 179A (persistent offender previously fined).

(2) After section 179 insert—

(179A) (1) This section applies where— (a) the offender is aged 16 or 17 when convicted of the offence, (b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16, and (c) despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard— (i) the current offence, or (ii) the combination of the current offence and one or more associated offences, as being serious enough to warrant a youth rehabilitation order. Paragraph (b) must be read with section 397A (offenders fined at least three times: interpretation). (2) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make a youth rehabilitation order. (3) Those matters are— (a) the nature of the offences to which the previous convictions mentioned in subsection (1)(b) relate and their relevance to the current conviction; (b) the time that has elapsed since the offender's conviction of each of those offences. (4) Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.

Availability etc of community order

13

In section 202 (availability of community order)—

(a) in subsection (1), for paragraph (b) substitute—

(b) the seriousness condition is met.

(b) after that subsection insert—

(1A) The seriousness condition is that— (a) the offence is punishable with imprisonment by that court, or (b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16. (1B) Subsection (1A)(b) must be read with section 397A.

14

(1) In section 204 (exercise of power to impose community order: general considerations), in subsection (2), at the end insert—

This is subject to section 204A (persistent offender previously fined).

(2) After that section insert—

(204A) (1) Subsection (2) applies (in addition to section 204(2)) where— (a) a community order is available to a court dealing with an offender by virtue of section 202(1A)(b) (offender fined at least three times), and (b) the offence is not punishable with imprisonment by that court. (2) The court may not make a community order unless it also considers that, having regard to all the circumstances including the matters mentioned in subsection (5), it would be in the interests of justice to make a community order. (3) Subsection (4) applies where— (a) a community order is available to a court dealing with an offender, (b) the offence is punishable with imprisonment, (c) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16, and (d) despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard— (i) the current offence, or (ii) the combination of the current offence and one or more associated offences, as being serious enough to warrant a community sentence. (4) The court may make a community order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (5) it would be in the interests of justice to make a community order. (5) The matters referred to in subsections (2) and (4) are— (a) the nature of the offences to which the previous convictions mentioned in— (i) section 202(1A)(b), or (ii) as the case may be, subsection (3)(c), relate and their relevance to the current offence, and (b) the time that has elapsed since the offender's conviction of each of those offences. (6) Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.

Youth rehabilitation orders and community sentences: references to previous convictions

15

After section 397 insert—

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