Sentencing Act 2020

Sections 267 and 280

SCHEDULE 14 Extended sentences: the earlier offence condition: offences

PART 1 Offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

Manslaughter

1 Manslaughter.

Offences against the Person Act 1861

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

(a) section 4 (soliciting murder);

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

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

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

Explosive Substances Act 1883

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

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

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

(c) section 4 (making or possession of explosive under suspicious circumstances).

Firearms Act 1968

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

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

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

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

Theft Act 1968

5 An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

Protection of Children Act 1978

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

Terrorism Act 2000

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

(a) section 54 (weapons training);

(b) section 56 (directing terrorist organisation);

(c) section 57 (possession of article for terrorist purposes);

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

Anti-terrorism Crime and Security Act 2001

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

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

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

(c) section 113 (use of noxious substance or thing to cause harm or intimidate).

Sexual Offences Act 2003

9 An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003	Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)	The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 7 (sexual assault of a child under 13)
(g) Section 8 (causing or inciting a child under 13 to engage in sexual activity)
(h) Section 9 (sexual activity with a child)
(i) Section 10 (causing or inciting a child to engage in sexual activity)
(j) Section 11 (engaging in sexual activity in the presence of a child)
(k) Section 12 (causing a child to watch a sexual act)
(l) Section 14 (arranging or facilitating commission of a child sex offence)
(m) Section 15 (meeting a child following sexual grooming etc)
(n) Section 25 (sexual activity with a child family member)	The offender is aged 18 or over at the time of the offence
(o) Section 26 (inciting a child family member to engage in sexual activity)	The offender is aged 18 or over at the time of the offence
(p) Section 30 (sexual activity with a person with a mental disorder impeding choice)	The offender is liable on conviction on indictment to imprisonment for life
(q) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(r) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)	The offender is liable on conviction on indictment to imprisonment for life
(s) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)	The offender is liable on conviction on indictment to imprisonment for life
(t) Section 47 (paying for sexual services of a child)	The offence is against a person aged under 16
(u) Section 48 (causing or inciting sexual exploitation of a child)
(v) Section 49 (controlling a child in relation to sexual exploitation)
(w) Section 50 (arranging or facilitating sexual exploitation of a child)
(x) Section 62 (committing an offence with intent to commit a sexual offence)	The offender is liable on conviction on indictment to imprisonment for life.

Domestic Violence, Crime and Victims Act 2004

10 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Terrorism Act 2006

11 An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) section 9 (making or possession of radioactive device or materials);

(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities);

(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities).

Modern Slavery Act 2015

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

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

(b) section 2 (human trafficking).

Murder

13 Murder.

Inchoate offences

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

Abolished offences

15 Any offence that—

(a) was abolished (with or without savings) before 3 December 2012, and

(b) would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.

PART 2 Offences under service law

16 An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

17 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

PART 3 Offences under the law of Scotland, Northern Ireland or a member State other than the United Kingdom

18 A civilian offence for which the person was convicted in Scotland, Northern Ireland or a member State other than the United Kingdom and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

19 A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20 In this Part of this Schedule—

• “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member State service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State, other than the United Kingdom, governing all or any of the naval, military or air forces of that State.

PART 4 Interpretation

21 In this Schedule “imprisonment for life” includes custody for life and detention for life.