Sentences for Dangerous Offenders - Specified violent, sexual or terrorism offences

Sentences for Dangerous Offenders - Specified violent, sexual or terrorism offences - Court Sentencing

The court has powers to impose an extended sentence or a life sentence pursuant to the "dangerous offender" provisions of Part 10, Chapter 6 of the Sentencing Act 2020 ['SA 2020'] (which applies to all convictions on or after 1st December 2020).

These provisions are engaged when:

• a defendant is convicted of a "specified offence"
• the defendant is deemed "dangerous"
• a sentence of imprisonment for life is not available or justified; and
• the offender has a previous conviction for an offence listed in Schedule 14 SA 2020, or the current offence justifies an appropriate custodial term of at least four years
• section 306 SA 2020 provides that a "specified offence" is a violent, sexual or terrorism offence listed in Schedule 18 SA 2020. This includes a wide range of indictable offences which fall within these three categories. Part 1 of Schedule 18 SA 2020 lists violent offences, Part 2 sexual and Part 3 terrorist. See also Schedule 17A SA 2020 for serious terrorism offences.
• section 308 SA 2020 provides that a Court must assess whether there is a significant risk to members of the public of serious harm occasioned by the commission by the offender of further specified offences under.
1. • section 255, 267 or 280 SA 2020 (extended sentence for certain violent, sexual or terrorism offences)
2. • section 268B or 282B SA 2020 (serious terrorism sentence);
3. • section 258, 274 or 285 SA 2020 (required life sentence for Schedule 19 offence).
• The SA 2020 contains separate 'dangerous offender' provisions for youths aged 12-17 (section 254-257), adults aged 18-20 (section 266-268) and adults aged 21 and over (section 279-282).

Specified violent offences

PART 1

Common law offences

1Manslaughter.

2Kidnapping.

3False imprisonment.

Offences against the Person Act 1861

4An offence under any of the following provisions of the Offences against the Person Act 1861-

(a)section 4 (soliciting murder);

(b)section 16 (threats to kill);

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

(d)section 20 (malicious wounding);

(e)section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(f)section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(g)section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h)section 27 (abandoning children);

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

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

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

(l)section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m)section 32 (endangering the safety of railway passengers);

(n)section 35 (injuring persons by furious driving);

(o)section 37 (assaulting officer preserving wreck);

(p)section 38 (assault with intent to resist arrest);

(q)section 47 (assault occasioning actual bodily harm).

Explosive Substances Act 1883

5An 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).

Infant Life (Preservation) Act 1929

6An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Children and Young Persons Act 1933

7An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Infanticide Act 1938

8An offence under section 1 of the Infanticide Act 1938 (infanticide).

Firearms Act 1968

9An offence under any of the following provisions of the Firearms Act 1968-

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

(b)section 16A (possession of firearm with intent to cause fear of violence);

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

(d)section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

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

Theft Act 1968

10An offence under any of the following provisions of the Theft Act 1968-

(a)section 8 (robbery or assault with intent to rob);

(b)section 9, where the offence is burglary with intent to-

(i)inflict grievous bodily harm on a person, or

(ii)do unlawful damage to a building or anything in it;

(c)section 10 (aggravated burglary);

(d)section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.

Criminal Damage Act 1971

11(1)An offence of arson under section 1 of the Criminal Damage Act 1971.

(2)An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Taking of Hostages Act 1982

12An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Aviation Security Act 1982

13An 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);

(c)section 3 (other acts endangering or likely to endanger safety of aircraft);

(d)section 4 (offences in relation to certain dangerous articles).

Mental Health Act 1983

14An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Prohibition of Female Circumcision Act 1985

15An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

Public Order Act 1986

16An offence under any of the following provisions of the Public Order Act 1986-

(a)section 1 (riot);

(b)section 2 (violent disorder);

(c)section 3 (affray).

Criminal Justice Act 1988

17An offence under section 134 of the Criminal Justice Act 1988 (torture).

Road Traffic Act 1988

18An offence under any of the following provisions of the Road Traffic Act 1988-

(a)section 1 (causing death by dangerous driving);

(b)section 3ZC (causing death by driving: disqualified drivers);

(c)section 3A (causing death by careless driving when under influence of drink or drugs).

Aviation and Maritime Security Act 1990

19An 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);

(c)section 10 (seizing or exercising control of fixed platforms);

(d)section 11 (destroying fixed platforms or endangering their safety);

(e)section 12 (other acts endangering or likely to endanger safe navigation);

(f)section 13 (offences involving threats).

Channel Tunnel (Security) Order 1994

20An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Protection from Harassment Act 1997

21An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

Crime and Disorder Act 1998

22(1)An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).

(2)An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

International Criminal Court Act 2001

23An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Female Genital Mutilation Act 2003

24An offence under any of the following provisions of the Female Genital Mutilation Act 2003-

(a)section 1 (female genital mutilation);

(b)section 2 (assisting a girl to mutilate her own genitalia);

(c)section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).

Domestic Violence, Crime and Victims Act 2004

25An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Modern Slavery Act 2015

26(1)An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).

(2)An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.

Inchoate offences

27An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

28An inchoate offence in relation to murder.

Specified Sexual offences

PART 2

29An offence under any of the following provisions of the Sexual Offences Act 1956-

(a)section 1 (rape);

(b)section 2 (procurement of woman by threats);

(c)section 3 (procurement of woman by false pretences);

(d)section 4 (administering drugs to obtain or facilitate intercourse);

(e)section 5 (intercourse with girl under 13);

(f)section 6 (intercourse with girl under 16);

(g)section 7 (intercourse with a defective);

(h)section 9 (procurement of a defective);

(i)section 10 or 11 (incest);

(j)section 14 (indecent assault on a woman);

(k)section 15 (indecent assault on a man);

(l)section 16 (assault with intent to commit buggery);

(m)section 17 (abduction of woman by force or for the sake of her property);

(n)section 19 (abduction of unmarried girl under 18 from parent or guardian);

(o)section 20 (abduction of unmarried girl under 16 from parent or guardian);

(p)section 21 (abduction of defective from parent or guardian);

(q)section 22 (causing prostitution of women);

(r)section 23 (procuration of girl under 21);

(s)section 24 (detention of woman in brothel);

(t)section 25 (permitting girl under 13 to use premises for intercourse;

(u)section 26 (permitting girl under 16 to use premises for intercourse);

(v)section 27 (permitting defective to use premises for intercourse);

(w)section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(x)section 29 (causing or encouraging prostitution of defective);

(y)section 32 (soliciting by men);

(z)section 33A (keeping a brothel used for prostitution).

Mental Health Act 1959

30An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Indecency with Children Act 1960

31An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Sexual Offences Act 1967

32An offence under either of the following provisions of the Sexual Offences Act 1967-

(a)section 4 (procuring others to commit homosexual acts);

(b)section 5 (living on earnings of male prostitution).

Theft Act 1968

33An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.

Criminal Law Act 1977

34An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).

Protection of Children Act 1978

35An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Customs and Excise Management Act 1979

36An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Criminal Justice Act 1988

37An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

Sexual Offences Act 2003

38An offence under any of the following provisions of the Sexual Offences Act 2003-

(a)section 1 (rape);

(b)section 2 (assault by penetration);

(c)section 3 (sexual assault);

(d)section 4 (causing a person to engage in sexual activity without consent);

(e)section 5 (rape of a child under 13);

(f)section 6 (assault of a child under 13 by penetration);

(g)section 7 (sexual assault of a child under 13);

(h)section 8 (causing or inciting a child under 13 to engage in sexual activity);

(i)section 9 (sexual activity with a child);

(j)section 10 (causing or inciting a child to engage in sexual activity);

(k)section 11 (engaging in sexual activity in the presence of a child);

(l)section 12 (causing a child to watch a sexual act);

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

(n)section 14 (arranging or facilitating commission of a child sex offence);

(o)section 15 (meeting a child following sexual grooming etc);

(p)section 15A (sexual communication with a child);

(q)section 16 (abuse of position of trust: sexual activity with a child);

(r)section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(s)section 18 (abuse of position of trust: sexual activity in the presence of a child);

(t)section 19 (abuse of position of trust: causing a child to watch a sexual act);

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

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

(w)section 30 (sexual activity with a person with a mental disorder impeding choice);

(x)section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);

(y)section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(z)section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);

(aa)section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);

(ab)section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);

(ac)section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);

(ad)section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);

(ae)section 38 (care workers: sexual activity with a person with a mental disorder);

(af)section 39 (care workers: causing or inciting sexual activity);

(ag)section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

(ah)section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

(ai)section 47 (paying for sexual services of a child);

(aj)section 48 (causing or inciting sexual exploitation of a child);

(ak)section 49 (controlling a child in relation to sexual exploitation);

(al)section 50 (arranging or facilitating sexual exploitation of a child);

(am)section 52 (causing or inciting prostitution for gain);

(an)section 53 (controlling prostitution for gain);

(ao)section 57 (trafficking into the UK for sexual exploitation);

(ap)section 58 (trafficking within the UK for sexual exploitation);

(aq)section 59 (trafficking out of the UK for sexual exploitation);

(ar)section 59A (trafficking for sexual exploitation);

(as)section 61 (administering a substance with intent);

(at)section 62 (committing an offence with intent to commit a sexual offence);

(au)section 63 (trespass with intent to commit a sexual offence);

(av)section 64 (sex with an adult relative: penetration);

(aw)section 65 (sex with an adult relative: consenting to penetration);

(ax)section 66 (exposure);

(ay)section 67 (voyeurism);

(az)section 69 (intercourse with an animal);

(ba)section 70 (sexual penetration of a corpse).

Modern Slavery Act 2015

39An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Inchoate offences

40An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Specified Terrorism offences

Links:

http://www.legislation.gov.uk/ukpga/2003/44/schedule/15B

https://www.cps.gov.uk/legal-guidance/sentencing-dangerous-offenders

https://www.legislation.gov.uk/ukpga/2003/44/schedule/15/enacted

https://www.legislation.gov.uk/ukpga/2003/42/schedule/3

https://www.legislation.gov.uk/ukpga/2003/44/schedule/15/enacted

SCHEDULE 18 Specified offences for purposes of section 306

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