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Sentencing Act 2020

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Changes over time for: Section 249

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Changes to legislation:

Sentencing Act 2020, Section 249 is up to date with all changes known to be in force on or before 29 January 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

249Sentence of detention under section 250: availabilityE+W

(1)A sentence of detention under section 250 is available where a person aged under 18 is convicted on indictment of an offence listed in the following table [F1(but the court is not required to pass a sentence of detention under section 252A)]

Offences punishable with imprisonment for at least 14 years
(a)

an offence which—

(i)

is not an offence for which the sentence is fixed by law, and

(ii)

is punishable in the case of a person aged 21 or over with imprisonment for 14 years or more;

Sexual offences
(b)

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

(i)

section 3 (sexual assault);

(ii)

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

(iii)

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

(iv)

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

Offences related to firearms
(c)

an offence (other than one within paragraph (a)) which—

(i)

is listed in Schedule 20 (firearms offences to which minimum sentence applies), and

(ii)

was committed when the offender was aged 16 or over.

(2)For circumstances in which a court is required to impose a sentence of detention under section 250, see—

(a)[F2sections 258 and 258A] (required sentence of detention for life);

(b)section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons).

(3)Where an offence is found to have been committed—

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

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

it is to be taken for the purposes of paragraph (c)(ii) of the table in subsection (1) to have been committed on the last of those days.

Textual Amendments

Modifications etc. (not altering text)

C1S. 249: power to exclude conferred by 1988 c. 45, s. 1(4B) (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 94(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1S. 249 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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