SCHEDULES
SCHEDULE 15Life sentence for second offence: listed offences
I7PART 1Offences under the law of England and Wales
The following offences to the extent that they are offences under the law of England and Wales—
Offence | Specified date | |
|---|---|---|
Manslaughter | ||
1 | Manslaughter | 3 December 2012 |
Offences against the Person Act 1861 | ||
2 | An offence under any of the following provisions of the Offences against the Person Act 1861— | |
(a) section 4 (soliciting murder) | 3 December 2012 | |
(b) section 18 (wounding with intent to cause grievous bodily harm) | 3 December 2012 | |
(c) section 28 (causing bodily injury by explosives) | 13 April 2015 | |
(d) section 29 (using explosives etc with intent to do grievous bodily harm) | 13 April 2015 | |
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) | 13 April 2015 | |
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) | 13 April 2015 | |
(c) section 4 (making or possession of explosive under suspicious circumstances) | 13 April 2015 | |
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) | 3 December 2012 | |
(b) section 17(1) (use of a firearm to resist arrest) | 3 December 2012 | |
(c) section 18 (carrying a firearm with criminal intent) | 3 December 2012 | |
Theft Act 1968 | ||
5 | An offence of robbery under section 8 of the Theft Act 1968 (robbery) 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 | 3 December 2012 |
Protection of Children Act 1978 | ||
6 | An offence under section 1 of the Protection of Children Act 1978 (indecent images of children) | 3 December 2012 |
Terrorism Act 2000 | ||
7 | An offence under any of the following provisions of the Terrorism Act 2000— | |
(a) section 54 (weapons training) | 13 April 2015 | |
(b) section 56 (directing terrorist organisation) | 3 December 2012 | |
(c) section 57 (possession of article for terrorist purposes) | 3 December 2012 | |
(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
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) | 3 December 2012 | |
(b) section 50 (assisting or inducing certain weapons-related acts overseas) | 3 December 2012 | |
(c) section 113 (use of noxious substance or thing to cause harm or intimidate) | 3 December 2012 | |
Sexual Offences Act 2003 | ||
9 | An offence under any of the following provisions of the Sexual Offences Act 2003— | |
(a) section 1 (rape) | 3 December 2012 | |
(b) section 2 (assault by penetration) | 3 December 2012 | |
(c) section 4 (causing a person to engage in sexual activity without consent) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
(d) section 5 (rape of a child under 13) | 3 December 2012 | |
(e) section 6 (assault of a child under 13 by penetration) | 3 December 2012 | |
(f) section 7 (sexual assault of a child under 13) | 3 December 2012 | |
(g) section 8 (causing or inciting a child under 13 to engage in sexual activity) | 3 December 2012 | |
(h) section 9 (sexual activity with a child) | 3 December 2012 | |
(i) section 10 (causing or inciting a child to engage in sexual activity) | 3 December 2012 | |
(j) section 11 (engaging in sexual activity in the presence of a child) | 3 December 2012 | |
(k) section 12 (causing a child to watch a sexual act) | 3 December 2012 | |
(l) section 14 (arranging or facilitating commission of a child sex offence) | 3 December 2012 | |
(m) section 15 (meeting a child following sexual grooming etc) | 3 December 2012 | |
(n) section 25 (sexual activity with a child family member) if the offender is aged 18 or over at the time of the offence | 3 December 2012 | |
(o) section 26 (inciting a child family member to engage in sexual activity) if the offender is aged 18 or over at the time of the offence | 3 December 2012 | |
(p) section 30 (sexual activity with a person with a mental disorder impeding choice) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
(q) section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
(r) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
(s) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
(t) section 47 (paying for sexual services of a child) if the offence is against a person aged under 16 | 3 December 2012 | |
(u) section 48 (causing or inciting sexual exploitation of a child) | 3 December 2012 | |
(v) section 49 (controlling a child in relation to sexual exploitation) | 3 December 2012 | |
(w) section 50 (arranging or facilitating sexual exploitation of a child) | 3 December 2012 | |
(x) section 62 (committing an offence with intent to commit a sexual offence) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012 | |
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) | 3 December 2012 |
Terrorism Act 2006 | ||
11 | An offence under any of the following provisions of the Terrorism Act 2006— | |
(a) section 5 of the Terrorism Act 2006 (preparation of terrorist acts) | 3 December 2012 | |
(b) section 6 (training for terrorism) | 13 April 2015 | |
(c) section 9 (making or possession of radioactive device or materials) | 3 December 2012 | |
(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities) | 3 December 2012 | |
(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities) | 3 December 2012 | |
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) | 31 July 2015 | |
(b) section 2 of that Act (human trafficking) | 31 July 2015 | |
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 (a “relevant offence”) | The date specified for the relevant offence |
15 | An inchoate offence in relation to murder | 3 December 2012 |
PART 2Further 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—
I116
Murder.
I217
Any offence that—
a
was abolished (with or without savings) before 3 December 2012, and
b
would, if committed when the index offence was committed, have constituted an offence specified in Part 1 of this Schedule.
PART 3Offences under service law
I318
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 or 2 of this Schedule.
I419
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 or 2 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 4Offences under the law of Scotland F2or Northern Ireland
Words in Sch. 15 Pt. 4 heading substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(4) (with Sch. 27)
I520
A civilian offence for which the person was convicted in Scotland F4or Northern Ireland and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.
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F121
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F122
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F123
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F3Part 4APROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE
Sch. 15 Pt. 4A inserted (31.12.2020) by Sch. 22 para. 96(5) of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(d))
23A
If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—
a
a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;
b
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 or 2 of this Schedule.
This is subject to paragraph 23C.
23B
Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—
a
as if, in paragraph 23A, the reference to a civilian offence were to an offence, and
b
with the omission of paragraphs 23A(b).
PART 5Interpretation
I624
1
In this Schedule—
F6“civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;
“imprisonment for life” includes custody for life and detention for life;
“index offence” has the same meaning as in section 273 or 283 (as appropriate).
F6“member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.
2
The references in Part 1 of this Schedule to offences under sections 48, 49 and 50 of the Sexual Offences Act 2003 include references to offences under those sections as they had effect before the amendments made by section 68 of the Serious Crime Act 2015 (child sexual exploitation) came into force.
Sch. 15 paras. 1-15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2