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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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(3) Where an application under this section for the discharge of a parenting order is dismissed, no-one may make a further application under this section for its discharge except with the consent of the court which made the order.

Offence of failure to comply with a requirement of a parenting order

375

(1) It is an offence for a person in respect of whom a parenting order made under this Chapter is in force to fail to comply with any requirement—

(a) included in the order, or

(b) specified in directions given by the responsible officer.

(2) A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

CHAPTER 5 — Binding over

Binding over of parent or guardian

376

(1) This section applies where—

(a) a person aged under 18 is convicted of an offence, and

(b) a court is sentencing the offender for the offence.

(2) The court has the following powers—

(a) the court may, with the consent of the offender's parent or guardian, order the parent or guardian to enter into a recognizance to take proper care of the offender and exercise proper control over the offender, and

(b) if—

(i) the parent or guardian refuses consent, and

(ii) the court considers the refusal unreasonable,

the court may order the parent or guardian to pay a fine not exceeding £1,000.

(3) For the purposes of this section—

(a) taking “care” of a person includes giving the person protection and guidance, and

(b) “control” includes discipline.

(4) If the offender is aged under 16 when sentenced, the court must—

(a) exercise its powers under subsection (2), if satisfied, having regard to the circumstances of the case, that doing so would be desirable in the interests of preventing the offender from committing further offences, or

(b) state in open court that it is not so satisfied, and why not.

(5) Subsections (2) and (4) are subject to section 37(8) of the Mental Health Act 1983 (order under this section not to be made where hospital or guardianship order is made) and to—

(a) section 89(4)(b), and

(b) paragraph 16(2) of Schedule 4,

(restrictions on the powers of a court making or extending a referral order).

(6) If the court makes a youth rehabilitation order, a recognizance under this section may include a provision that the offender's parent or guardian ensure that the offender complies with the requirements of that order.

(7) The period of a recognizance under this section—

(a) may not be more than 3 years, and

(b) must end before the offender reaches the age of 18.

(8) A recognizance under this section may not be for an amount of more than £1,000.

(9) In fixing the amount of a recognizance under this section, the court must take into account, in particular, the means of the parent or guardian so far as they appear or are known to the court (whether doing so has the effect of increasing or reducing the amount).

(10) Section 120 of the Magistrates' Courts Act 1980 (forfeiture of recognizances) applies in relation to a recognizance under this section as it applies in relation to a recognizance to keep the peace.

(11) A fine imposed under subsection (2)(b) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(12) Section 404 (certain references to parent or guardian to be read as references to local authority) does not apply to this section.

Binding over of parent or guardian: appeals, variations and revocations

377

(1) A parent or guardian may appeal to the Crown Court against an order under section 376 made by a magistrates' court.

(2) A parent or guardian may appeal to the Court of Appeal against an order under section 376 made by the Crown Court as if—

(a) the parent or guardian had been convicted on indictment, and

(b) the order were a sentence passed on the conviction of the parent or guardian.

(3) A court may vary or discharge an order made by it under section 376 if, on the application of the parent or guardian, it appears to the court, having regard to any change in the circumstances since the order was made, to be in the interests of justice to do so.

Other powers of the court to bind over to keep the peace

378

(1) For powers to bind over to keep the peace exercisable on conviction see, in particular—

(a) section 1 of the Justices of the Peace Act 1361;

(b) section 1(7) of the Justices of the Peace Act 1968.

(2) This section does not affect the exercise of those powers in other circumstances, or of other powers to bind over.

CHAPTER 6 — Other orders

Domestic abuse protection orders

378A

See Part 3 of the Domestic Abuse Act 2021 (and in particular section 31(3) of that Act) for the power of a court to make a domestic abuse protection order when dealing with an offender for an offence.

Other behaviour orders etc

379

(1) For further orders available to a court dealing with an offender for particular offences in particular circumstances, see the following—

Provision	Type of order	Type of offence
Criminal Justice and Police Act 2001	Criminal Justice and Police Act 2001	Criminal Justice and Police Act 2001
section 33	travel restriction order	sentence of imprisonment for certain drug-trafficking offences
Licensed Premises (Exclusion of Certain Persons) Act 1980	Licensed Premises (Exclusion of Certain Persons) Act 1980	Licensed Premises (Exclusion of Certain Persons) Act 1980
section 1	exclusion order	certain offences committed on licensed premises
Football Spectators Act 1989	Football Spectators Act 1989	Football Spectators Act 1989
section 14A(3)	banning order under Part 2	relevant offence within the meaning of that Part
Serious Crime Act 2007	Serious Crime Act 2007	Serious Crime Act 2007
section 19	serious crime prevention order	serious offence in England and Wales
Modern Slavery Act 2015	Modern Slavery Act 2015	Modern Slavery Act 2015
section 14	slavery and trafficking prevention order	slavery or human trafficking offence (see Schedule 1)
Psychoactive Substances Act 2016	Psychoactive Substances Act 2016	Psychoactive Substances Act 2016
section 19	prohibition order	offence under section 4 to 8 of that Act and related offences.
Elections Act 2022	Elections Act 2022	Elections Act 2022
section 30	disqualification order	Schedule 9 offence within the meaning of section 30 of that Act.
Public Order Act 2023	Public Order Act 2023	Public Order Act 2023
section 20	serious disruption prevention order	protest-related offence within the meaning of Part 2 of that Act.
Northern Ireland Troubles (Legacy and Reconciliation) Act 2023	Northern Ireland Troubles (Legacy and Reconciliation) Act 2023	Northern Ireland Troubles (Legacy and Reconciliation) Act 2023
section 26	revocation of immunity under that Act	making of false statements
Employment Rights Act 2025	Employment Rights Act 2025	Employment Rights Act 2025
section 125	labour market enforcement order	labour market offence within the meaning of Part 5 of that Act.

(2) Part 2 of the Sexual Offences Act 2003 makes provision about notification requirements in the case of a person convicted of an offence listed in Schedule 3 to that Act (sexual offences for the purposes of that Part of that Act).

FIFTH GROUP OF PARTS — Sentencing: miscellaneous provision and interpretation

PART 12 — Miscellaneous provision about sentencing

CHAPTER 1 — Costs, fines and other financial orders where offender aged under 18

Offender aged under 18: order for payment by parent or guardian

Order for parent or guardian to pay fine, costs, compensation or surcharge

380

(1) Where any enactment provides that this section applies to an amount which, but for that enactment, the court would order the offender to pay, the court—

(a) must, or

(b) if the offender is aged 16 or over, may,

order that the amount is to be paid by the parent or guardian instead of by the offender himself or herself.

(2) Subsection (1) does not apply if the court is satisfied that—

(a) the parent or guardian cannot be found, or

(b) that it would be unreasonable to make an order for payment, having regard to the circumstances of the case.

(3) No order may be made under subsection (1) without giving the parent or guardian an opportunity of being heard.

(4) But an order under subsection (1) may be made against a parent or guardian who, having been required to attend, has failed to do so.

(5) A parent or guardian may appeal to the Crown Court against an order under subsection (1) made by a magistrates' court.

(6) A parent or guardian may appeal to the Court of Appeal against an order under subsection (1) made by the Crown Court, as if the parent or guardian had been convicted on indictment and the order were a sentence passed on the parent's or guardian's conviction.

Costs awarded against offender under 18: payment by parent or guardian

381

Where—

(a) but for this section, a court would impose costs in respect of an offence on an offender, and

(b) the offender was aged under 18 when convicted of the offence,

section 380 applies to the amount of the costs awarded.

Power to determine financial circumstances of offender's parent or guardian

382

(1) For the purposes of any order under section 380, where—

(a) the parent or guardian of an offender aged under 18—

(i) has failed to comply with a financial circumstances order imposed by virtue of section 35(4), or

(ii) has otherwise failed to co-operate with the court in its inquiry into the parent's or guardian's financial circumstances, and

(b) the court considers that it has insufficient information to make a proper determination of the parent's or guardian's financial circumstances,

the court may make such determination as it thinks fit.

(2) Subsections (3) to (5) apply where a court has—

(a) made an order under section 380 in respect of a parent or guardian of an offender to pay the amount of a fine, and

(b) in fixing the amount of the fine, determined the financial circumstances of the parent or guardian under subsection (1).

(3) If on subsequently inquiring into the financial circumstances of the parent or guardian the court is satisfied that, had it had the results of that inquiry when sentencing the offender, it—

(a) would have fixed a smaller amount, or

(b) would not have fined the offender,

it may remit the whole or part of the fine.

(4) Where under subsection (3) the court remits the whole or part of the fine after a term of—

(a) imprisonment, or

(b) detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,

has been fixed under section 82(5) of the Magistrates' Courts Act 1980 (magistrates' powers in relation to default) in respect of the amount ordered to be paid under section 380, the court must reduce the term by the corresponding proportion.

(5) In calculating any reduction required by subsection (4), any fraction of a day is to be ignored.

Orders other than fines: powers of Crown Court to order time for payment etc

Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation

383

Where the Crown Court makes an order mentioned in Part 1 of Schedule 9 to the Administration of Justice Act 1970 (orders against accused for the payment of costs or compensation), the court may—

(a) allow time for the payment of the sum due under the order;

(b) direct payment of that sum by instalments of the amounts and on the dates specified in the order.

CHAPTER 2 — Commencement and alteration of sentence

Commencement of sentence

384

(1) A sentence imposed by a court when dealing with an offender takes effect from the beginning of the day on which it is imposed, unless the court otherwise directs.

(2) The power to give a direction under subsection (1) is subject to section 225 (restriction on consecutive sentences for released prisoners).

(3) This section is subject to—

(a) section 198 (when a youth rehabilitation order is in force);

(b) sections 237, 253, 257 and 270 (interaction of detention and training order with other sentences);

(d) section 385(5) (alteration of Crown Court sentence);

(e) section 142(5) of the Magistrates' Courts Act 1980 (power of magistrates' court to re-open cases to rectify mistakes etc).

(4) In this section—

“sentence” has the meaning given by section 401, but—also includes a recommendation for deportation made when dealing with an offender, anddoes not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);

“imposed” includes made.

Alteration of Crown Court sentence

385

(1) Subsection (2) applies where the Crown Court has imposed a sentence when dealing with an offender.

(2) The Crown Court may vary or rescind the sentence at any time within the period of 56 days beginning with the day on which the sentence was imposed.

This subsection is subject to subsections (3) and (4).

(3) Subsection (2) does not apply where an appeal, or an application for leave to appeal, against that sentence has been determined.

(4) The power in subsection (2) may be exercised only by—

(a) the court constituted as it was when the sentence was imposed, or

(b) where that court comprised one or more justices of the peace, a court so constituted except for the omission of any one or more of those justices.

(5) Where a sentence is varied under this section, the sentence, as so varied, is to take effect from the beginning of the day on which it was originally imposed, unless the court directs otherwise.

This is subject to subsection (6).

(6) For the purposes of—

(a) section 18(2) of the Criminal Appeal Act 1968 (time limit for notice of appeal or of application for leave to appeal), and

(b) paragraph 1 of Schedule 3 to the Criminal Justice Act 1988 (time limit for notice of an application for leave to refer a case under section 36 of that Act),

the sentence is to be regarded as imposed on the day on which it is varied under this section.

(7) Criminal Procedure Rules may—

(a) provide for extending the period fixed by subsection (2) for cases where two or more persons are tried separately on the same or related facts alleged in one or more indictments;

(b) subject to the other provisions of this section, prescribe the cases and circumstances in which, and the time within which, any order or other decision made by the Crown Court may be varied or rescinded by that court.

(8) In this section—

“sentence” has the meaning given by section 401, but—also includes a recommendation for deportation made when dealing with an offender, anddoes not include an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (legal aid: payment for services and enforcement);

“imposed” includes made.

CHAPTER 3 — Deportation

Deportation recommendations

386

See section 6 of the Immigration Act 1971 for provision about recommendations for deportation by a court dealing with an offender for an offence punishable with imprisonment where—

(a) the offender is not a British citizen, and

(b) is aged 17 or over when convicted.

CHAPTER 4 — Assistance for prosecution etc: review of sentence

Reference back to court for review of sentence

Failure by offender to provide agreed assistance: review of sentence

387

(1) This section applies if—

(a) the Crown Court has passed a sentence on an offender in respect of an offence,

(b) the sentence (“the original sentence”) is a discounted sentence in consequence of the offender's having offered in pursuance of a written agreement to give assistance to the prosecutor or investigator of an offence, and

(2) A specified prosecutor may at any time refer the case back to the Crown Court if—

(a) the offender is still serving the original sentence, and

(b) the specified prosecutor thinks it is in the interests of justice to do so.

(3) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.

(4) If the court is satisfied that the offender knowingly failed to give the assistance it may substitute for the original sentence a sentence that is—

(a) greater than the original sentence, but

(b) not greater than the sentence which it would have passed but for the agreement mentioned in subsection (1)(b) (“the original maximum”).

(5) Subsections (6) to (9) apply where a sentence is substituted under subsection (4).

(6) Where the substitute sentence is less than the original maximum, the court must state in open court—

(a) that fact, and

(b) the original maximum.

This is subject to subsection (8).

(7) Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a substitute sentence is imposed under subsection (4) unless—

(a) the court considers that it is not in the public interest to disclose that the original sentence was a discounted sentence, or

(b) subsection (8) provides otherwise.

(8) Where the substitute sentence is less than the original maximum and the court considers that it would not be in the public interest to disclose that fact—

(a) subsection (6) does not apply;

(b) the court must give a written statement of the matters specified in subsection (6)(a) and (b) to—

(i) the prosecutor, and

(ii) the offender;

(c) section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is less than the original maximum.

(9) Any part of the original sentence which the offender has already served must be taken into account in determining when the substitute sentence has been served.

Review of sentence following subsequent agreement for assistance by offender

388

(1) A case is eligible for review under this section if—

(a) the Crown Court has passed a sentence on an offender in respect of an offence,

(b) the offender is still serving the sentence, and

(c) pursuant to a written agreement subsequently made with a specified prosecutor, the offender has assisted or offered to assist the investigator or prosecutor of any offence,

but this is subject to subsection (2).

(2) A case is not eligible for review under this section if—

(a) the sentence was discounted and the offender has not given the assistance offered in accordance with the written agreement by virtue of which it was discounted, or

(b) the offence was one for which the sentence was fixed by law and the offender did not plead guilty to it.

(3) A specified prosecutor may at any time refer a case back to the Crown Court if—

(a) the case is eligible for review under this section, and

(b) the prosecutor considers that it is in the interests of justice to do so.

(4) A case so referred must, if possible, be heard by the judge who passed the sentence to which the referral relates.

(5) The court may—

(a) take into account the extent and nature of the assistance given or offered;

(b) substitute for the sentence to which the referral relates such lesser sentence as it thinks appropriate.

(6) Nothing in—

(a) any of the provisions listed in section 399(b) or (c) (minimum sentences in certain circumstances), or

(b) section 321 (and Schedule 21) (determination of minimum term in relation to mandatory life sentence),

affects the court's power under subsection (5).

(7) Subsections (8) to (11) apply where a sentence is substituted under subsection (5).

(8) The court must state in open court—

(a) the fact that the substitute sentence is a discounted sentence, and

(b) the original maximum.

This is subject to subsection (10).

(9) Section 52(2) or, as the case may be, 322(4) (requirement to explain reasons for sentence or other order) applies where a sentence is imposed under subsection (5).

But this is subject to subsection (10).

(10) Where the court considers that it would not be in the public interest to disclose that the substitute sentence is a discounted sentence —

(a) subsection (7) does not apply;

(b) the court must give a written statement of the matters specified in subsection (8)(a) and (b) to—

(i) the prosecutor, and

(ii) the offender;

(c) section 52(2) or, as the case may be, 322(4) does not apply to the extent that the explanation would disclose that the substitute sentence is a discounted sentence.

(11) Any part of the sentence to which the referral relates which the offender has already served must be taken into account in determining when the substitute sentence has been served.

References under this Chapter: further provision

References under sections 387 and 388: appeals

389

(1) Where a reference is made under section 387 or 388—

(a) the person in respect of whom the reference is made, or

(b) the specified prosecutor,

may, with the leave of the Court of Appeal, appeal to the Court of Appeal against the decision of the Crown Court.

(2) Section 33(3) of the Criminal Appeal Act 1968 (limitation on appeal from the criminal division of the Court of Appeal) does not prevent an appeal to the Supreme Court under this section.

(3) In relation to any proceedings under this section, the Secretary of State may by regulations make provision corresponding to any provision in the Criminal Appeal Act 1968 (subject to any specified modifications).

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

Proceedings under section 387 or 388: exclusion of public

390

(1) This section applies to—

(a) any proceedings relating to a reference made under section 387 or 388, and

(b) any other proceedings arising in consequence of such proceedings.

(2) The court in which the proceedings will be or are being heard may make such order as it considers appropriate—

(a) to exclude from the proceedings any person who does not fall within subsection (4);

(b) to prohibit the publication of any matter relating to the proceedings (including the fact that the reference has been made).

(3) The court may make an order under subsection (2) only if the court considers that the order is—

(a) necessary to protect the safety of any person, and

(b) in the interests of justice.

(4) The following persons fall within this subsection—

(a) a member or officer of the court;

(b) a party to the proceedings;

(d) a person otherwise directly concerned with the proceedings.

(5) This section does not affect any other power which the court has by virtue of any rule of law or other enactment—

(a) to exclude any person from proceedings, or

(b) to restrict the publication of any matter relating to proceedings.

Proceedings under section 387 or 388: use of live link

391

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

Interpretation of Chapter

392

(1) This section applies for the purposes of this Chapter.

(2) A discounted sentence is a sentence passed in pursuance of—

(a) section 74, or

(b) section 388.

(3) References—

(a) to a written agreement are to an agreement made in writing with a specified prosecutor;

(b) to a specified prosecutor are to be read in accordance with section 71 of the Serious Organised Crime and Police Act 2005 (assistance by offender: immunity from prosecution).

CHAPTER 5 — Recognizances

Power of magistrates' court to dispense with recognizance

393

(1) This section applies where under an enactment, whether passed before or after the commencement of this Act, an offender sentenced on summary conviction to imprisonment or a fine is required to enter into a recognizance with or without sureties to—

(a) keep the peace, or

(b) observe any other condition.

(2) The magistrates' court which convicted the offender may dispense with or modify the requirement.

(3) In subsection (1) “enactment” includes an enactment contained in a local Act or in any order, regulation or other instrument having effect by virtue of an Act.

CHAPTER 6 — Orders imposing community requirements

Rules relating to community orders and suspended sentence orders etc

394

(1) The Secretary of State may make rules for regulating—

(a) the supervision of persons who are subject to community orders or suspended sentence orders,

(b) without prejudice to the generality of paragraph (a), the functions of responsible officers within the meaning of section 213 or 299 in relation to offenders subject to community orders or suspended sentence orders,

(i) persons subject to unpaid work requirements of such orders to perform work, and

(ii) the performance of such work,

(d) the provision and carrying on of attendance centres,

(e) the attendance of persons subject to—

(i) rehabilitation activity requirements,

(ii) attendance centre requirements, or

(iii) attendance centre requirements imposed by youth rehabilitation orders,

at the places at which they are required to attend, including hours of attendance, reckoning days of attendance and the keeping of attendance records,

(f) electronic monitoring in pursuance of an electronic monitoring requirement of a community order or a suspended sentence order, and

(g) without prejudice to the generality of paragraph (f), the functions of persons made responsible for securing electronic monitoring in pursuance of such a requirement.

(2) Rules under subsection (1)(c) may, in particular, make provision—

(a) limiting the number of hours of work to be done by a person on any one day,

(b) as to the reckoning of hours worked and the keeping of work records, and

(3) Rules under this section are subject to the negative resolution procedure.

Data from electronic monitoring: code of practice

395

(1) The Secretary of State must issue a code of practice relating to processing of data gathered in the course of electronic monitoring of offenders under—

(a) electronic compliance monitoring requirements and electronic whereabouts monitoring requirements imposed by youth rehabilitation orders, and

(b) electronic monitoring requirements imposed by community orders and suspended sentence orders.

(2) A failure to observe a code issued under this section does not of itself make a person liable to any criminal or civil proceedings.

Community and suspended sentence orders qualifying for special procedures

395A

(1) A community order or suspended sentence order qualifies for special procedures for the purposes of a relevant provision if the order—

(a) is of a description specified in regulations for the purposes of that provision, and

(b) is made within a period, or after a time, so specified.

(2) In subsection (1) “relevant provision” means—

(a) section 217A;

(b) section 293A;

(d) paragraph 13(1)(da) of Schedule 16.

(3) A description specified under subsection (1)(a) may, among other things, be framed by reference to—

(a) the courts by which the orders are made (for example, courts sitting in particular places or areas);

(b) the persons who are subject to the orders (for example, persons of a particular sex);

(4) Where regulations under subsection (1)(a) specify a description of community or suspended sentence order for the first time, they must under subsection (1)(b) specify, in relation to that description of order, a period of 18 months beginning with the day on which the regulations come into force.

(5) Regulations under this section are to be made by the Secretary of State.

(6) Regulations under this section are subject to—

(a) the negative resolution procedure, where under subsection (1)(b) the regulations specify a period, and

(b) the affirmative resolution procedure, in any other case.

CHAPTER 7 — Warrants

Execution of process between England and Wales and Scotland

396

Section 4 of the Summary Jurisdiction (Process) Act 1881 (execution of process of English and Welsh courts in Scotland) applies to any process issued by a magistrates' court under any of the following provisions as it applies to process issued under the Magistrates' Courts Act 1980 by a magistrates' court—

section 6(4) (effect of deferment order);

section 9(2) (failure to comply with deferment requirement);

section 10(3) (conviction of offence during period of deferment);

paragraph 3(2) of Schedule 2 (order for conditional discharge: commission of further offence);

paragraph 3(2) of Schedule 4 (referral order: further court proceedings);

paragraph 6(3) of Schedule 5 (breach, revocation and amendment of reparation order);

paragraph 8(2) or (4), 14(4) or 24(4) of Schedule 10 (breach, revocation or amendment of community order);

paragraph 24(2) of Schedule 11 (transfer of community orders to Scotland or Northern Ireland);

paragraph 2(2) of Schedule 12 (detention and training order: breach of supervision requirements and further offences);

paragraph 8(2) or (4), 20(2) or 25(6) of Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction).

PART 13 — Interpretation

Interpretation: general

397

(1) In this Code, except where the contrary intention appears—

“accommodation provided by or on behalf of a local authority” has the same meaning as in the Children Act 1989 (see section 105 of that Act);

“the appropriate officer of the court” means, in relation to a magistrates' court, the designated officer for the court;

“associated”, in relation to offences, is to be read in accordance with section 400;

“attendance centre” has the meaning given by section 221 of the Criminal Justice Act 2003;

“community order” means an order under section 200;

“community order requirement” is to be read in accordance with section 200(2);

“community requirement”, in relation to a suspended sentence order, has the meaning given by section 286(7);

“community sentence” means a sentence which consists of or includes—a community order, ora youth rehabilitation order;

“compensation order” has the meaning given by section 133;

“court” does not include a service court;

“criminal behaviour order” has the meaning given by section 330;

“criminal courts charge order” has the meaning given by section 46(3);

“custodial sentence” has the meaning given by section 222;

“detention and training order” has the meaning given by section 233;

“electronic compliance monitoring requirement” has the meaning given by paragraph 29 of Schedule 9;

“electronic monitoring requirement”, in relation to a community order or suspended sentence order, means—an electronic compliance monitoring requirement, oran electronic whereabouts monitoring requirement;

“electronic whereabouts monitoring requirement” has the meaning given by paragraph 30 of Schedule 9;

“end date”, in relation to a community order, means the date for the time being specified in the order under—section 209 (community order to specify end date),paragraph 13(1)(b) of Schedule 10 (power to substitute later end date on breach), orparagraph 20(1) of that Schedule (power to amend order to substitute later end date);

“extended sentence” means a sentence under—section 254 (extended custodial sentence for persons aged under 18),section 266 (extended sentence of detention in a young offender institution for adults aged under 21), orsection 279 (extended sentence of imprisonment);

“guardian” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act);

“home local justice area” means—in relation to a community order, the local justice area specified in the order under section 210 or paragraph 16 or 17 of Schedule 10;in relation to a suspended sentence order which imposes one or more community requirements, the local justice area specified in the order under section 296 or paragraph 23 or 24 of Schedule 16;

“imprisonable offence” means an offence that is punishable with imprisonment in a court (even if the offence in question is not so punishable by the court dealing with the offender for it);

“local authority foster parent” has the same meaning as in the Children Act 1989 (see section 105(1) of that Act);

“order for absolute discharge” has the meaning given by section 79;

“order for conditional discharge” has the meaning given by section 80;

“place of safety” has the same meaning as in the Children and Young Persons Act 1933 (see section 107(1) of that Act);

“pre-sentence report” has the meaning given by section 31;

“probation trust” means a trust established under section 5 of the Offender Management Act 2007;

“referral order” has the meaning given by section 83;

“relevant order” means—a community order, ora suspended sentence order which imposes one or more community requirements;

“reparation order” has the meaning given by section 109(1);

“the responsible officer”—in relation to a community order, has the meaning given by section 213;in relation to a suspended sentence order which imposes one or more community requirements, has the meaning given by section 299;

“restraining order” has the meaning given by section 359;

“sentence of imprisonment” does not include a committal—in default of payment of any sum of money,for want of sufficient distress to satisfy any sum of money, orfor failure to do or abstain from doing anything required to be done or left undone,and references to sentencing an offender to imprisonment are to be read accordingly;

“sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued;

“serious terrorism sentence” means a sentence under— section 268A (serious terrorism sentence of detention in young offender institution for adults aged under 21), orsection 282A (serious terrorism sentence of imprisonment);

“service court” means—the Court Martial,the Summary Appeal Court,the Service Civilian Court,the Court Martial Appeal Court, orthe Supreme Court on an appeal from the Court Martial Appeal Court;

“sexual harm prevention order” has the meaning given by section 343(1);

“specified offence” has the meaning given by section 306;

“suspended sentence” and “suspended sentence order” have the meanings given by section 286(6);

“youth offending team” means a team established under section 39 of the Crime and Disorder Act 1998;

“youth rehabilitation order” has the meaning given by section 173;

“youth rehabilitation order with fostering” has the meaning given by section 176;

“youth rehabilitation order with intensive supervision and surveillance” has the meaning given by section 175.

(2) Any reference in this Code to an offence punishable with imprisonment is to be read without regard to any prohibition or restriction imposed by or under any Act on the imprisonment of young offenders.

(3) A reference in this Code to want of sufficient distress to satisfy a sum includes a reference to circumstances where—

(a) there is power to use the procedure in Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 to recover the sum from a person, but

(b) it appears, after an attempt has been made to exercise the power, that the person's goods are insufficient to pay the amount outstanding (within the meaning given by 50(3) of Schedule 12 to that Act).

(4) A reference in this Code to an offender who is subject to a detention and training order being released for supervision is to be read in accordance with section 248(5).

(5) For the purposes of this Code, proceedings are instituted when they are instituted for the purposes of Part 1 of the Prosecution of Offences Act 1985 (see section 15(2) of that Act).

Ancillary and inchoate offences

398

(1) Nothing in this Code is to be taken to affect the operation of the following (liability as an accessory)—

(a) section 8 of the Accessories and Abettors Act 1861, or

(b) section 44 of the Magistrates' Courts Act 1980.

(2) Accordingly, any reference in this Act to an offence includes a reference to that offence committed by aiding, abetting, counselling or procuring the commission of that offence.

(3) In this Code, “inchoate offence” in relation to an offence, means—

(a) an attempt to commit the offence,

(b) conspiracy to commit the offence,

(d) incitement to commit the offence,

but this is subject to subsection (4).

(4) Paragraph (d) of subsection (3) does not apply for the purposes of—

(a) section 67 (assaults on emergency workers);

(b) Part 1 or 2 of Schedule 13 (special sentence for offenders of particular concern: offences).

But paragraph (b) is not to be taken to affect the operation of paragraph 8 or 12 of Schedule 13 (abolished offences).

(5) For the purposes of this Code, an offence committed by a person under Part 2 of the Serious Crime Act 2007 (encouraging or assisting crime) is related to another offence if that other offence is the offence (or one of the offences) which the person intended or believed would be committed.

Mandatory sentences

399

For the purposes of this Code, where a court is dealing with an offender for an offence, a mandatory sentence requirement applies in relation to the offence if—

(a) the offence is one for which the sentence is fixed by law,

(b) the court is obliged by one of the following provisions to pass a sentence of detention for life, custody for life or imprisonment for life—

(i) section 258, 258A, 274, 274A, 285 or 285A (life sentence for certain ... offenders);

(ii) section 273 or 283 (life sentence for second listed offence),

(ba) the court is obliged by section 268B or 282B to impose a serious terrorism sentence, or

(c) a sentence is required by one of the following provisions and the court is not of the opinion mentioned in that provision—

(i) section 311(2) (minimum sentence for certain offences involving firearms that are prohibited weapons);

(ii) section 312(2) or (2A) (minimum sentence for offence of threatening with weapon or bladed article);

(iii) section 313(2) or (2A) (minimum sentence of 7 years for third class A drug trafficking offence);

(iv) section 314(2) or (2A) (minimum sentence of 3 years for third domestic burglary);

(v) section 315(2) or (2A) (minimum sentence for repeat offence involving weapon or corrosive substance or bladed article).

Meaning of “associated offence”

400

For the purposes of this Code, an offence is associated with another if—

(a) the offender—

(i) is convicted of it in the proceedings in which the offender is convicted of the other offence, or

(ii) (although convicted of it in earlier proceedings) is sentenced for it at the same time as being sentenced for that offence, or

(b) in the proceedings in which the offender is sentenced for the other offence, the offender—

(i) admits having committed it, and

(ii) asks the court to take it into consideration in sentencing for that other offence.

Meaning of “sentence”

401

In this Code, except where otherwise provided, “sentence”, in relation to an offence, includes any order made by a court when dealing with the offender in respect of the offence, and “sentencing” is to be construed accordingly.

Powers to re-sentence

402

(1) Where under this Code a court has power to re-sentence an offender for an offence, the court may deal with the offender in any way in which it could deal with the offender—

(a) if the offender had just been convicted by or before it of the offence, and

(b) in a case where the offender was aged under 18 when in fact convicted of the offence, as if the offender were the same age as when in fact convicted.

(2) But where under this Code the Crown Court has power to re-sentence an offender for an offence and subsection (3) applies, the power of the Crown Court is power to deal with the offender in any way in which a magistrates' court could deal with the offender for the offence if—

(a) the offender had just been convicted by the magistrates' court of the offence, and

(b) in a case where the offender was aged under 18 when in fact convicted of the offence, the offender were the same age as when in fact convicted.

(3) This subsection applies where—

(a) the Crown Court's power to re-sentence the offender for the offence is exercisable—

(i) where the Crown Court revokes another order previously made in respect of the offence, or

(ii) where an order for conditional discharge has previously been made in respect of the offence, by virtue of a further offence committed during the period of conditional discharge, and

(b) the previous order was made—

(i) by a magistrates' court, or

(ii) by the Crown Court in circumstances where its powers to deal with the offender for the offence were those (however expressed) which would have been exercisable by a magistrates' court on convicting the offender of the offence.

References to “local authority”

403

(1) In this Code, any reference to a local authority in relation to—

(a) accommodation provided by or on behalf of a local authority (including any reference to a local authority which is to receive a person aged under 18),

(b) placing a person aged under 18 with a local authority foster parent, or

(c) an order made under section 380 (power to order parent or guardian to pay fine, costs, compensation or surcharge) against a local authority,

has the same meaning as in the Children Act 1989 (see section 105 of that Act).

(2) In this Code, in relation to a youth offending team—

(a) any reference to a local authority has the same meaning as in Part 3 of the Crime and Disorder Act 1998 (see section 42 of that Act), and

(b) any reference to the area of that local authority is to be read in accordance with section 42(2) of that Act.

References to parent or guardian of offender where local authority has parental responsibility

404

(1) This section applies where an offender for whom a local authority has parental responsibility is—

(a) in the care of the local authority, or

(b) provided with accommodation by the local authority in the exercise of any social services functions of the authority.

(2) Any reference in this Code to the offender's parent or guardian is to be read as a reference to that authority.

(3) This does not apply in paragraphs 27 and 39 of Schedule 6 (fostering and education requirements of youth rehabilitation orders) and is subject to express provision to the contrary.

(4) In this section—

“local authority” has the same meaning as it has in the Children Act 1989;

“parental responsibility” has the same meaning as it has in that Act (see section 3 of that Act);

“social services functions”—in relation to a local authority in England, has the same meaning as in the Local Authority Social Services Act 1970 (see section 1A of that Act);in relation to a local authority in Wales, has the same meaning as in the Social Services and Well-being (Wales) Act 2014 (anaw 4) (see section 143 of that Act).

Age of the offender

405

(1) This section applies for the purposes of any provision of this Code which requires a person's age to be determined by the court or the Secretary of State.

(2) The person is to be deemed to be whatever age the person appears to the court, or, as the case may be, the Secretary of State, to be.

(3) For this purpose, the court or Secretary of State must consider any available evidence.

Offender reaching 18 during proceedings

406

Nothing in this Code affects section 29 of the Children and Young Persons Act 1963 (power of a court, where an offender reaches 18 during proceedings for an offence, to deal with the offender as if still under 18).

SIXTH GROUP OF PARTS — Supplementary

PART 14 — Supplementary provision

Regulations and rules

407

(1) This section applies to—

(a) any power conferred by this Act on the Secretary of State to make regulations or rules;

(b) any power conferred by—

(i) sections 44 to 50 (criminal courts charge),

(ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iia) paragraph 13A of Schedule 23 (power to add or alter requirements imposed by community orders and suspended sentence orders), or

(iii) paragraph 19 of Schedule 23 (power to amend minimum term of mandatory life sentence for murder),

on the Lord Chancellor to make regulations.

(2) The power is exercisable by statutory instrument.

(3) Subsections (4) to (6) apply except where otherwise provided.

(4) The power includes power to make supplementary, incidental or consequential provision.

(5) The power also includes power to make transitory, transitional or saving provision.

(6) The power may be exercised so as to make different provision—

(a) for different purposes, or

(b) for different areas.

(7) Where regulations under this Act are subject to the “affirmative resolution procedure”, the regulations must not be made unless a draft of the statutory instrument containing them has been laid before Parliament and approved by a resolution of each House of Parliament.

(8) Where regulations or rules under this Act are subject to the “negative resolution procedure” the statutory instrument containing the regulations or rules is subject to annulment in pursuance of a resolution of either House of Parliament.

(9) Provision that may be made by regulations under this Act for which no Parliamentary procedure is required may be included in regulations that are subject to the negative or affirmative resolution procedure.

(10) Provision that may be made by regulations under this Act that are subject to the negative resolution procedure may be included in regulations that are subject to the affirmative resolution procedure.

Amendments of the Sentencing Code etc

408

Schedule 22 contains amendments of the Sentencing Code and certain related amendments of other Acts.

Powers to amend the Sentencing Code

409

(1) Schedule 23 contains powers to amend the Sentencing Code.

(2) Provision that may be made in exercise of a power in Schedule 23 includes provision in respect of an offence (whenever committed) of which a person is convicted after the regulations come into force.

This is subject to express provision to the contrary.

Consequential amendments

410

Schedule 24 contains consequential amendments.

Armed forces

411

(1) Schedule 25 contains consequential amendments of the Armed Forces Act 2006.

(2) Schedule 26 contains further amendments of provisions of the Armed Forces Act 2006 that apply provisions of this Code or otherwise relate to sentencing.

See section 418 for provision about when those amendments come into force.

Transitional provisions and savings

412

Schedule 27 contains transitional provisions and savings.

Repeals and revocations

413

(1) The provisions specified in Schedule 28 (which include provisions that are spent) are repealed or revoked to the extent specified.

(2) The provisions specified in Schedule 29 are repealed or revoked so far as they extend to England and Wales only.

(3) Subsections (1) and (2) are subject to the following provisions of this section.

Standard scale and powers to amend fines etc4Nothing in this section or Schedule 28 or 29 affects any provision of—asection 37 of the Criminal Justice Act 1982 (standard scale),bsection 17 of the Criminal Justice Act 1991 (amendments of standard scale), orcsection 143 of the Magistrates' Courts Act 1980 (amendments of fines etc),so far as it has been, or is capable of being, extended under section 81(11) of the Criminal Justice Act 1982 (as extended by section 102(7) of the Criminal Justice Act 1991) (power to extend certain provisions to Channel Islands or Isle of Man by Order in Council).

Life sentence for second serious offence committed before 4 April 20055Nothing in Schedule 28 affects—asection 109 of the Powers of Criminal Courts Sentencing Act 2000 (life sentence for second serious offence), as it has effect by virtue of paragraph 5(2) of Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950), orbany other provision so far as it continues to have effect, by virtue of paragraph 6 of Schedule 2 to that order, in a case in which a court is dealing with a person whose sentence falls to be imposed under that section.

Extent

414

(1) Subject to the following provisions of this section and to section 415, the provisions of this Act extend to England and Wales only.

(2) The following provisions extend to England and Wales, Scotland and Northern Ireland—

(a) section 219 and Schedule 11 (transfer of community orders to Scotland or Northern Ireland);

(b) section 304 and Schedule 17 (transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements);

(d) this section and sections 416 to 420;

(e) paragraph 18 of Schedule 16 (duty of court in Scotland or Northern Ireland when informed of suspended sentence).

(3) The following provisions extend to England and Wales and Northern Ireland—

(a) section 196 and Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland);

(b) section 351 (variation of sexual harm prevention order by court in Northern Ireland);

(d) paragraph 12 of Schedule 23 (power to amend Schedule 8 in consequence of changes to the law in Northern Ireland).

(4) The following provisions extend to England and Wales and Scotland—

(a) sections 38, 40 and 41 (effect of derogatory assertion orders);

(b) section 82 (effect of order for absolute discharge and order for conditional discharge);

(5) Any amendment, repeal or revocation made by—

(a) Schedule 22 (amendments of the Sentencing Code and related amendments of other legislation),

(b) Schedule 24 (consequential amendments),

(d) Schedule 26 (further amendments of the Armed Forces Act 2006), or

(e) Schedule 28 (repeals and revocations),

has the same extent in the United Kingdom as the provision to which it relates.

(6) Nothing in subsections (1) to (4) affects the extent within the United Kingdom of—

(a) any provision of or made under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006, or

(b) the repeal by this Act of any provision so far as that provision is applied (by whatever words) by or under the Armed Forces Act 2006.

(7) See also sections 18(3) and 48(2)(a) of the Sentencing Act 2026 (extent of section 407 and paragraph 13A of Schedule 23).

Channel Islands, Isle of Man and British overseas territories

415

(1) Her Majesty may by Order in Council extend any relevant provision, with such modifications as appear to Her Majesty in Council to be appropriate, to any of the Channel Islands or the Isle of Man.

(2) In subsection (1) “relevant provision”, in relation to any of the Channel Islands or the Isle of Man, means any provision of this Act so far as it restates a provision that, immediately before the commencement date, is capable of being extended there under section 338 of the Criminal Justice Act 2003 (certain provisions of that Act as enacted or subsequently amended by certain other Acts).

(3) An Order in Council under subsection (1) may—

(a) make supplementary, incidental or consequential provision;

(b) make transitory, transitional or saving provision.

(4) The armed forces provisions extend to—

(a) the Isle of Man, and

(b) the British overseas territories except Gibraltar.

(5) The powers conferred by section 384 of the Armed Forces Act 2006 (power to extend Act to the Channel Islands and powers to make provisions of that Act apply with modifications in relation to the Channel Islands, British overseas territories except Gibraltar, and the Isle of Man) are exercisable in relation to any armed forces provision.

(6) In subsections (4) and (5) “armed forces provision” means—

(a) a provision of or made under this Act so far as it is applied (by whatever words) by or under the Armed Forces Act 2006,

(b) an amendment, modification or repeal made by this Act of a provision of, or made under, the Armed Forces Act 2006, or

(c) an amendment, modification or repeal made by this Act of any other provision, so far as the provision is applied (by whatever words) by or under the Armed Forces Act 2006.

(7) In subsection (6) references to this Act include this Act as amended by the Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520).

Commencement

416

(1) This Act comes into force on 1 December 2020 (referred to in this Act as “the commencement date”).

(2) Subsections (4) to (6) of section 407 do not apply to the power conferred by subsection (1).

(3) The Sentencing Code has effect in accordance with section 2.

(4) Subsection (1) is subject to—

(a) section 417 (commencement of amendments of the Code and certain consequential amendments of other Acts),

(b) section 418 (commencement of certain amendments of the Armed Forces Act 2006),

(d) subsection (9) (commencement of repeal postponed until repeal of connected provisions comes into force).

(5) Regulations under this Act may be made before 1 December 2020, but may not—

(a) come into force before that date, or

(b) bring a provision into force before that date.

(6) An amendment, repeal or revocation made by Schedule 24 (consequential amendments) has effect in accordance with Part 7 of that Schedule.

(7) An amendment, repeal or revocation made by Schedule 25 (armed forces) or Schedule 28 or 29 (repeals and revocations), so far as it has effect—

(a) in relation to dealing with a person for an offence, or

(b) in relation to a sentence passed for an offence,

has effect only where the person is convicted of the offence on or after 1 December 2020.

(8) But subsection (7) does not apply to the repeal by Schedule 28 of the following provisions—

(a) paragraphs 6, 36, 37, 47, 85, 86, 88, 123(2), 136, 186(2), 197(b), 200 and 205 of Schedule 9 to the Powers of Criminal Courts (Sentencing) Act 2000;

(b) paragraphs 21(3), 26 and 64(6) of Schedule 32 to the Criminal Justice Act 2003;

(9) The repeal in Schedule 28 relating to the Powers of Criminal Courts (Sentencing) Act 2000, so far as it relates to section 159 of that Act (execution of process between England and Wales and Scotland) as it applies to process issued under Schedule 5 to that Act (breach of attendance centre order), comes into force at the same time as the repeal of that Schedule by section 6(1) of the Criminal Justice and Immigration Act 2008.

Commencement of Schedule 22

417

(1) Schedule 22 comes into force in accordance with regulations made by the Secretary of State, subject to the following.

Abolition of detention in a young offender institution and custody for life2Paragraphs 65 and 68 come into force at the same time as paragraph 44.3The following provisions come into force at the same time as section 61 of the Criminal Justice and Courts Services Act 2000 (abolition of sentences of detention in a young offender institution)—aparagraphs 36 to 38B, 40, 40A 41, 45 and 46;bparagraph 47(b);cparagraphs 51 , 51A and 52;dparagraph 53, so far as it relates to sections 264, 265, 266 to 268C, 273 , 274 and 274A;eparagraphs 54 to 64;fparagraphs 68A, 69, 70, 72 to 75, 77 and 78;gPart 8 of Schedule 22 (amendments of other Acts that are consequential on paragraph (d)).This is subject to subsection (4).4If before 1 December 2020 an order has been made under section 80(1) of the Criminal Justice and Court Services Act 2000 in relation to section 61 of that Act, the provisions of Schedule 22 mentioned in subsection (3)—acome into force on the commencement date or, if later, the date on which section 61 of the Criminal Justice and Court Services Act 2000 comes into force, andbso far as they apply—iin relation to dealing with a person for an offence, oriiin relation to a sentence passed for an offence,have effect only where the person is convicted of the offence on or after the commencement date.Paragraph (b) is subject to section 1 of the Sentencing (Pre-consolidation Amendments) Act 2020 (read with any provision that may be made under it).

Other provisions of Schedule 225Paragraph 11 (consequences for imposition of youth rehabilitation order of failure to comply with pre-sentence drug testing order) comes into force at the same time as paragraph 1 (pre-sentence drug testing).6Paragraphs 21 and 22 (provisions applicable only where community order can be made in respect of offence not punishable with imprisonment) come into force at the same time as paragraph 13 (community order available for offence not punishable with imprisonment in case of wilful and persistent offender).7Paragraph 28 (repeal of temporary provision resulting from paragraph 27) comes into force 2 years after paragraph 27 (detention and training orders: offenders aged under 12), and has effect only in relation to an offence of which the offender is convicted after paragraph 28 comes into force.8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9Part 6 of Schedule 22 (which makes amendments in consequence of the United Kingdom's withdrawal from the EU) comes into force on IP completion day ....

Commencement of Schedule 26

418

(1) Schedule 26 (further amendments of the Armed Forces Act 2006) comes into force as follows.

(2) Paragraphs 2(a), 3(a), 4(a), 5(a), 6 to 11, 12(1)(a) to (d), (dc) to (f) and (2)(a), 13, 14(a) and (b) to (d), 15 and 16 to 23 and 24(c) (and paragraph 1 so far as it relates to them) come into force at the same time as section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution).

(3) Subsection (4) of section 417 applies to the provisions of Schedule 26 mentioned in subsection (2) as it applies to the provisions of Schedule 22 mentioned in subsection (3) of that section.

(4) Paragraphs 2(b), 3(b), 4(b), 5(b) and 24(a) and 24(b) (and paragraph 1 so far as it relates to them) come into force at the same time as paragraph 24 of Schedule 22 (increase in magistrates' court's power to impose imprisonment etc).

(4A) Paragraphs 12(1)(da) and (db) and (2)(b), 14(aa) and (ab), 15A, 15B and 26 (and paragraph 1 so far as it relates to them) come into force on IP completion day, or, if later, on the commencement date.

(5) Paragraph 25 (and paragraph 1 so far as it relates to it) comes into force at the same time as section 281(5) of the Criminal Justice Act 2003 (alteration of penalties for certain summary offences), but only in relation to offences committed after that time.

Power to state effect of commencement provisions

419

(1) The Secretary of State may, in connection with the coming into force of an amendment or repeal made by Schedule 22 or under Schedule 23, by regulations amend this Act to secure that—

(a) the Act specifies the purposes for which, or the cases in which, the amendment or repeal has effect;

(b) so far as practicable, any provision of the Act which, as a result of the amendment or repeal, is to continue to have effect only for particular purposes or in particular cases remains in place instead of having effect by virtue of transitional, transitory or saving provision.

(2) The regulations may make consequential amendments to any enactment.

(3) Subsections (4) and (5) of section 104 of the Deregulation Act 2015 (restrictions on power to spell out dates described in legislation) apply to regulations under this section as they apply to an order under that section.

(4) Subsections (4) and (6) of section 407 do not apply to the power conferred by this section.

(5) In this section “enactment” includes an enactment contained in subordinate legislation.

Short title

420

This Act may be cited as the Sentencing Act 2020.

SCHEDULE A1 — Offences where terrorist connection not required to be considered

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 a 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

(1) An offence under section 54 of the Counter-Terrorism Act 2008 (breach of police notification requirements etc).

(2) An offence under paragraph 15 of Schedule 5 to that Act (breach of foreign travel restriction order) of which a person is convicted on or after the day on which paragraph 6 of Schedule 27 to the Crime and Policing Act 2026 comes into force.

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

SCHEDULE 1 — Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered

Common law offences

1

Murder.

2

Manslaughter.

3

Kidnapping.

Statutory offences

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);

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

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

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

(g) section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act).

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).

6

An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons).

7

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

8

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 commission of offence under section 1, 2 or 3 outside the United Kingdom).

9

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

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

(b) section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction);

10

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 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.

11

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

12

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 for producing chemical weapons).

13

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 114 (hoaxes involving noxious substances or things).

Ancillary offences

14

An inchoate offence in relation to an offence specified in paragraphs 1 to 13.

SCHEDULE 2 — Order for conditional discharge: commission of further offence

Application of Schedule

1

This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”).

Orders made on appeal

2

If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—

(a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

to have been made by the Crown Court.

Issue of summons or warrant by justice of the peace

3

(1) This paragraph applies where—

(a) the order for conditional discharge was made by a magistrates' court, and

(b) it appears to a justice of the peace on information that the offender—

(i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii) has been dealt with in respect of that offence.

(2) The justice may—

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

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

(3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge.

Issue of summons or warrant by Crown Court

4

(1) This paragraph applies where—

(a) the order for conditional discharge was made by the Crown Court, and

(b) it appears to the Crown Court that the offender—

(i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii) has been dealt with in respect of that offence.

(2) The Crown Court may issue—

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

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