The Home Detention Curfew and Requisite and Minimum Custodial Periods (Amendment) Order 2024

Amendments to the Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024

3.—(1) The Criminal Justice Act 2003 (Requisite and Minimum Custodial Periods) Order 2024(1) is amended as follows.

(2) In article 3—

(a) after paragraph (7) insert—

“(7A) References in paragraph (7)(a) to (e) to offence A do not include the offence of murder.”;

(b) in paragraph (8), for “(7)(a) to (e)” substitute “, (7)(a) to (e) or (7A)”.

(3) In the Schedule—

(a) after paragraph 14 insert—

“14A.   An offence under section 33 of the Criminal Justice and Courts Act 2015(2) (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress).”;

(b) after paragraph 16 insert—

“16A.   An offence under section 354 of the Sentencing Code(3) (breach of a sexual harm prevention order).”;

(c) after paragraph 19 insert—

“19A.   An offence under section 5(4) of that Act (restraining orders on conviction).

19B.   An offence under section 5A(5) of that Act (restraining orders on acquittal).”;

(d) after paragraph 23 insert—

“23A.   An offence under section 8 of the Stalking Protection Act 2019(6) (breaching a stalking protection order etc.).”;

(e) after paragraph 54 insert—

“Violent Offences

55.   Murder.”.

(1)

S.I. 2024/844.

(2)

2015 c. 2. Section 33 was repealed by section 190 of the Online Safety Act 2023 (c. 50).

(3)

2020 c. 17. Section 354 was amended by section 175(1), (6) and (7) of the Police, Crime, Sentencing and Courts Act 2022 (c. 32).

(4)

Section 5 was repealed by Schedule 28 of the Sentencing Act 2020 (c. 17).

(5)

Section 5A was inserted by section 12(5) of the Domestic Violence, Crime and Victims Act 2004 (c. 28) and amended by paragraph 144 of Schedule 24 to the Sentencing Act 2020 (c. 17).

(6)

2019 c. 9. Section 8 was amended by paragraph 298 of Schedule 24 to the Sentencing Act 2020 (c. 17), S.I. 2022/500 and S.I. 2023/149.