National Guide. for the new Criminal Justice Act 2003 sentences for public protection. Edition 1 Version 1 June 2005

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1 CRIMINAL JUSTICE ACT 2003 IMPLEMENTATION National Guide for the new Criminal Justice Act 2003 sentences for public protection Edition 1 Version 1 June 2005 This Guide is intended for practitioners and managers in the National Probation Service. It is not intended to be a legal guide for legal practitioners or advisors.

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3 Contents National Guide on the new Criminal Justice Act 2003 sentences for public protection Edition 1 version 1 June 2005 Contents Page i About this document 3 Section 1 Introduction Guidance for practitioners References to the Act 5 Section 2 Identification of dangerous offenders Pre-CJA03 sentencing framework Criteria for eligibility of the new provisions Specified and serious offences Familial homicide 8 Section 3 The new sentences for dangerous offenders Indeterminate sentence of imprisonment or detention for public protection (Determinate) extended sentence for public protection 9 Section 4 Sentencing Conditions for eligibility Indeterminate sentence of imprisonment or detention for public protection imprisonment Imprisonment or detention for public protection Extended sentence for public protection 12 Continued/... Page 1

4 Contents Section 5 The assessment of dangerousness Sentencing decisions and risk Significant risk Members of the public Serious harm Significant risk test Presumption of significant risk 14 Section 6 The Probation role in the court process Service to courts Pre-sentence reports 15 Section 7 Information and assessment in the PSR The nature and circumstances of each of the offences The pattern of behaviour The offender 17 Section 8 General notes about PSRs PSR standards Magistrates Courts process 19 Section 9 PSRs, assessments and the courts handling of Schedule 15 cases Magistrates Courts Crown Court Other circumstances 22 Annex A List of Schedule 15 specified offences 23 Page 2

5 About this document i) About this document Edition 1 of this guide is designed to be used for the refresher training sessions being held in probation regions during June and July It focuses on the public protection provisions for dangerous offenders as set out in the Criminal Justice Act Separate guidance has been issued for other sentencing provisions in the Act. The guidance will be developed in the light of experience and to reflect comments received. Separate guidance on other more detailed issues will be issued separately. Please note This information is based on advice for probation staff which has been produced by the National Probation Directorate at the Home Office with reference to the legal framework set out in the Criminal Justice Act (At time of production, no guidance on these new sentences has been issued by the Sentencing Guidelines Council.). The guidance is designed to ensure a consistent national approach to supporting sentencers in their decision-making. It does not, of course, constrain their judicial independence. Page 3

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7 Introduction 1 Introduction Criminal Justice Act 2003:Part 12, Chapter 5: Sections 224 to Guidance for practitioners The Criminal Justice Act 2003 introduced new sentencing provisions for offenders considered to represent a continuing significant risk of serious harm to the public. This guidance is designed to help practitioners to: Identify the offenders who will fall within the new provisions; Produce Pre-Sentence Reports appropriate to the needs of the sentencing court, Magistrates or Crown Courts; Understand the type of information the court can take into account in coming to a judgement on significant risk; Understand how this information will be passed to the PSR author and how it can be used; Produce an assessment of the offender s risk in terms of likelihood and impact of reoffending to help the Court reach a judgement on whether the offender presents a significant risk to members of the public of serious harm occasioned by the commission by him of further specified offences ; Become familiar with the terms significant risk, serious harm, and unreasonable, as they are used in Chapter 5 of the Criminal Justice Act 2003; Offer sentencing proposals appropriately where requested alongside an assessment of risk of harm (which includes likelihood) The underlying ethos of these provisions is one of public protection; the provisions separate out sexual and violent offenders. They give courts the power to impose longer prison sentences on those who are assessed as posing a high risk of serious harm and are intended to ensure that serious offenders are not released from prison until their risk is minimised and assessed as manageable in the community The role of the probation service in sentencing these offenders is in the assessment of risk and providing assessments to the courts to enable them to make judgements on risk in the process of sentencing. 1.2 References to the Act Throughout this document the Criminal Justice Act 2003 is referred to as the Act or CJA03. References to the text of the Act are indicated as: Section numbers = (S.999) Schedules = (Sch 99) Page 5

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9 Identification of dangerous offenders 2 - Identification of dangerous offenders 2.1 Under the pre-cja03 sentencing framework, there are several protective sentences designed to deal with dangerous offenders. Although repealed on enactment of the new provisions, they will remain in use for some time, as the new provisions will apply only to offences committed on or after 4 April Pre-CJA03 provisions for public protection: Sections 79 and 80 Powers of Criminal Courts (Sentencing) Act 2000 (formerly Section 2(2)(b) of the Criminal Justice Act 1991) enabling courts to impose custody when they would not have otherwise been justified in doing so, or to impose a longer sentence than otherwise would have been justified. This applies to a serious violent or sexual offence if the court is of the opinion that only such a sentence would be adequate to protect the public from serious harm from the offender. Section 109 Powers of Criminal Courts (Sentencing) Act 2000 (formerly Section 2 of the Crime (Sentences) Act 1997) - which provides for automatic life sentences for offenders who commit a second serious offence. The use of extended sentences under Section 85 of the Powers of Criminal Courts (Sentencing) Act 2000 (formerly Section 58 of the Crime and Disorder Act 1998) - the supervision of offenders convicted of sexual or violent offences can be extended by up to 10 and 5 years respectively. 2.3 Criteria for eligibility for the new provisions The first criterion for eligibility for the new provisions is that the offence must have been committed after 4 April The second criterion for eligibility for the new provisions is that the offence is one listed in Schedule 15 to the Act. 2.4 The provisions apply to two categories of offence: Specified offences of sex or violence Serious offences of sex or violence (i) (ii) Specified offences These are defined in Section 224(1) and listed in Schedule 15 to the Criminal Justice Act Part one contains specified violent offences, and part two contains specified sexual offences. The Schedule is extensive, listing every indictable only and either way offence of sex or violence, ranging from actual bodily harm and exposure through to manslaughter and rape. Serious offences These are defined in Section 224(2) as specified offences that are punishable with either life imprisonment or with imprisonment for ten years or more. 1 S.225 (1)(a), S.226 (1)(a), S.227 (1)(a), S.228 (1)(a), S.229 (1)(a). CJA CJA 2003 (Commencement No.8 and Transitional and Savings Provisions) Order SI 2005 No.950 Page 7

10 Identification of dangerous offenders Schedule 15 is reproduced as Annex A to this document. It describes the maximum penalties for all specified offences and identifies those that are serious specified offences via a tick in the left hand column and it identifies the offences as triable either way/ indictable only on the right hand column. Practitioners must note the particular use of the word serious in relation to Chapter 5 and Schedule 15; it is not to be confused with serious as used in previous legislation or in determining sentencing thresholds. 2.5 Familial homicide Practitioners should note a new serious offence in the Schedule. An offence under Section 5 of the Domestic Violence, Crime and Victims Act 2004, of causing or allowing the death of a child or vulnerable adult is a specified offence 2 that has been newly added to Schedule This offence commenced on 21 March 2005, although only those committed after 4 April 2005 will count for the dangerous offender purposes. The maximum penalty is 14 years, so the offence is a serious offence under Chapter 5. 2 Paragraph 65 of Schedule 10 of the DVCV Act 2004 Page 8

11 The new sentences 3 - The new sentences for dangerous offenders There are two new sentences in the Act designed to deal with dangerous offenders : 3.1 The indeterminate sentence of imprisonment or detention for public protection This sentence provides for release to be at a date determined by the Parole Board; The Court will set a minimum term which will be served before the Parole Board considers whether it is safe to release the offender; Following existing practice, the minimum term should be the period that would have been served in custody if a determinate sentence had been imposed according to the seriousness of the offence (as with life sentences, the minimum term is not designed to reflect risk); After release, the offender remains on licence for at least 10 years; A prisoner sentenced to imprisonment or detained for public protection will be entitled to apply to have his licence cancelled ten years after release from prison. 3.2 The (determinate) extended sentence for public protection This sentence will be for a specified period in the same way as for any other determinate sentence, though it must be for at least 12 ; The court must specify a custodial period and an extension period (during which the offender will remain on licence); From the halfway point of the custodial period the offender may be released if the Parole Board determines it is safe to do so, but release will not be automatic until the end of the custodial period; After release, the offender remains on licence for the unexpired term of the original sentence (if any) and for an extended period designated by the Court when imposing sentence. Page 9

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13 Sentencing 4 - Sentencing 4.1 The two conditions already noted must be satisfied for the offender to be eligible for the public protection sentences: (i) The offence must have been committed on or after 4 April (ii) The offender must have committed a specified offence; i.e. an offence specified in parts 1 or 2 of Schedule 15. In sentencing an offender convicted of any specified offence, the court must impose a sentence of imprisonment for public protection or an extended sentence if the significant risk criterion is met. [See section 4 of this document] 4.2 Indeterminate sentences of imprisonment for public protection Where the court has to impose a sentence on a person convicted of a serious specified offence, the court must impose either a life sentence (detention for life for youths) or imprisonment for public protection, if the significant risk criterion is met. The appropriate sentence is selected as follows: 4.3 imprisonment An offender convicted of an offence that carries a maximum punishment of life imprisonment, who is assessed as dangerous 3 by the court, AND the seriousness of the offence justifies a sentence of imprisonment for life, must be sentenced to life imprisonment (detention for life for those under 18 years). 4.4 Imprisonment or detention for public protection The court MUST impose imprisonment for public protection where the offender is an adult and where 4 : a) the offender is convicted of an offence that carries a maximum penalty of 10 years or more, but the life sentence is not available; OR the offence is punishable by life but the court does not consider that the seriousness of the offence justifies a life sentence; AND b) the offender is deemed dangerous by the court Where the offender is a juvenile and he has committed a serious offence and the court considers he is dangerous the court has the option to give either an indeterminate sentence or an extended sentence. The offender must be sentenced to an indeterminate sentence of detention for public protection unless the court considers that an extended sentence would be adequate to protect the public from serious harm. 3 S S.225(3) Page 11

14 Sentencing 4.5 Extended sentence for public protection An adult offender who is convicted of a specified offence, and who the court considers to be dangerous, must be given an extended sentence An offender aged under 18, who is convicted of a specified offence, and who the court considers to be dangerous and where the specified offence is a serious offence, and the court is not required by Section 226(2) to impose a sentence of detention for life under Section 91 of the Sentencing Act or by Section 226(3) to impose a sentence of detention for public protection 5 must be given an extended sentence. 5 S.228 Page 12

15 Assessment of dangerousness 5 - The assessment of dangerousness Sentencing decisions on offenders who fit the offence criteria will turn on this significant risk test. Whether there is a significant risk to members of the public of serious harm occasioned by the commission by him of further such offences. 7 In the Act, the term dangerous therefore is applied to offenders who are judged by the court to present such a risk Significant risk Significant risk is not defined in the legislation and it will be for the court to assess in each case. 5.3 Members of the public In the legislation, members of the public are not defined, but the risk of serious harm assessment will include an assessment of those who are most at risk of any further offences. 5.4 Serious harm Serious harm is defined however and means death or serious personal injury whether that is physical or psychological 9. This differs from the OASys risk of serious harm definition where risk of serious harm can be defined as a risk which is life threatening and/or traumatic and from which recovery, whether physical or psychological, can be expected to be difficult or impossible 10. However these two definitions are comparable. 5.5 Significant risk test There is a measure of comparability between the test laid out in S.229(1)(b) and the high/very high risk of serious harm assessments in OASys. Both include the variables of likelihood and impact, and ask whether there are significant/identifiable indicators of risk leading to a view that re-offending is imminent, the impact of which would be serious (as defined in the Act) It is important to bear in mind both variables. It may be that an offender convicted of a specified offence (which may in itself be low in seriousness terms) is assessed as a high risk of re-offending but the nature of the re-offending may well not be serious in terms of impact In sentencing an offender convicted of any specified or serious offence in Schedule 15, the selection of a public protection sentence, or alternative sentence outside of Chapter 5, will be based on the court s judgement of how likely it is that an individual will commit another violent or sexual offence that will have an impact of serious harm. 6 S S.229(1)(b) 8 S.224(3) 9 S.224(3) 10 OASys Manual, Chapter 8 Page 13

16 Assessment of dangerousness 5.6 Presumption of significant risk In assessing the risk of further offending, the best predictor of future behaviour is considered to be past behaviour The tools probation practitioners use to assess the risk of re-offending use the previous convictions and/or pattern of behaviour of individuals. This is understood in the legislation, where the nature of the offender (i.e. his antecedent history) has a bearing on the dangerousness test The process for determining dangerousness/significant risk is different for offenders who have not previously been convicted of a relevant 12 offence, and for those that have previous convictions for a relevant offence. The distinction is an important one and has a bearing on assessment of risk. There is a presumption that offenders who have previously been convicted of a specified offence are dangerous. The presumption can only be rebutted if to so presume would be unreasonable The consequence of this presumption of risk means that the court may request a PSR in most cases where there are relevant offences (except where the situation appears obvious to the court see 6.2.2). Where there are no identifiable indicators of risk of harm or where the likelihood of reoffending is low, the presumption of significant risk would appear to be unreasonable. The importance of this presumption for the PSR author lies in understanding that. The court will start from the point of presuming a significant risk exists, whereas, where there are no relevant convictions, the courts starts from the point of requesting information to assess whether the significant risk exists. 11 OASys Manual, Chapter 8 12 A relevant offence is a specified offence, (including serious specified offences) S.229(4). The offender must have been convicted of the relevant offence in any part of the UK, S.229(2)&(3). A relevant conviction will be provided via certificates from the convicting court S.232. Page 14

17 Probation role in the court process 6 - The Probation role in the court process 6.1 Service to courts Probation staff will be providing a service to both the Magistrates and Crown courts on offenders (with or without relevant convictions) facing trial and sentence for specified offences. It is important that court staff are able to identify as early as possible those offenders to whom the provisions might apply The Crown Prosecution Service has issued guidance to prosecutors, which emphasises the importance of early consideration of the provisions in any cases/allegations of sex or violence, and the need for full antecedent details to be on the case file. 6.2 Pre-sentence reports The Pre-Sentence Report (PSR) will be an important document, providing the court with information towards their judgement on significant risk, and sentencing. However, information to be taken into account in this judgement will also be provided from other sources: defence, prosecution or other specialist reports etc It will ultimately be a matter for the court how they form their opinion of risk, but Section 156(3)(a) of the Act requires a court to obtain a PSR before forming any opinion on risk which would inform sentencing under the provisions, unless the court believes no question of significant risk arises, or the offender is so obviously dangerous as for it to be indisputable: S.156 Pre-Sentence Reports and other requirements. (3) Subject to Subsection (4) a court must obtain and consider a pre-sentence report before (a) in the case of a custodial sentence, forming any such opinion as is mentioned in Section 152(2), Section 153(2), Section 225(1)(b), Section 226(1)(b), Section 227(1)(b), or Section 228(1)(b)(i). (4) Subsection (3) does not apply if, in the circumstances of the case, the court is of the opinion that it is unnecessary to obtain a pre-sentence report Section 229(1)(b) provides that where a court has to assess whether there is a significant risk under Sections 225-8, then for those who do not have any relevant convictions the court, when making the assessment of risk, must/may take into account the list of factors set out in Section 229(2): (2) If at the time when that offence was committed the offender had not been convicted in any part of the United Kingdom of any relevant offence or was aged under 18, the court in making the assessment referred to in Subsection (1)(b) - (a) must take into account all such information as is available to it about the nature and circumstances of the offence, (b) may take into account any information which is before it about any pattern of behaviour of which the offence forms a part, and (c) may take into account any information about the offender which is before it. Page 15

18 Probation role in the court process Where there are previous relevant convictions then Section 229(3) applies the presumption of risk, and the court would need to consider whether the particular circumstances of the case (the factors listed in 229(3)) meant that the presumption could be rebutted. (3) If at the time when that offence was committed the offender was aged 18 or over and had been convicted in any part of the United Kingdom of one or more relevant offences, the court must assume that there is such a risk as is mentioned in Subsection (1)(b) unless, after taking into account - (a) all such information as is available to it about the nature and circumstances of each of the offences (b) where appropriate any information which is before it about any pattern of behaviour of which any of the offences forms a part, and (c) any information about the offender which is before it, the court considers that it would be unreasonable to conclude that there is such a risk Although Section 156(4) means that a PSR need not be obtained where the court considers it unnecessary it is likely that a PSR would be required in cases where an offender has relevant convictions The PSR in all cases should address the type of information listed in Section 229(2) and 229(3) and meet the requirements of a Standard Delivery PSR as set out in Probation Circular 18/2005: Criminal Justice Act 2003 New Sentences and the New Report Framework. Page 16

19 Information and assessment in the PSR 7 - Information and assessment in the PSR 7.1 The nature and circumstances of each of the offences The court will need to know not only the facts of the case for which the offender is being sentenced, but also the facts of all previous convictions and any other information relevant to s.229(2)(b) and s.229(3)(b) any information which is before it about any pattern of behaviour of which the offence (any of the offences) forms a part. This information on previous convictions is not usually provided in the CPS case file, however, at the time of producing this document the format for supplying the details to the CPS from the police is being finalised. CPS practitioners are advised to pass on this information to the Probation Service in addition to the usual PSR information package, so that is can be used in the assessment of risk. 7.2 The pattern of behaviour This is not defined in the Act and will be for the court to assess in each case. The information relevant to the assessment could include acquittals; complaints not prosecuted, and in certain cases, police intelligence. The form in which such information is to be passed (along with facts of previous convictions) should be available to the PSR author via the CPS. If the PSR author is uncertain about how any information could be used in an assessment of risk, or to support a presumption of risk, they should contact the CPS caseworker and discuss it with the reviewing lawyer/sentencing prosecutor. All assessments must be based on information that can be evidenced. 7.3 The offender The offender assessment follows the same process as in PSRs on offences outside Chapter 5 of the Act. It is important to cover the offender s attitude to the offence and to the victim, any mitigation, culpability, motivation to change etc. Page 17

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21 General notes - PSRs 8 - General notes about PSRs 8.1 PSR standards PSRs should meet the standards described in Probation Circular 18/2005 and contain: An analysis of the offence; its seriousness in terms of harm and culpability Whether the offence is part of a pattern of offending that is evidenced in the facts on any previous convictions Information relevant to any pattern of behaviour of which the offence forms a part An assessment of the offender A full OASys risk of harm assessment indicating (i) the likelihood of the offender committing a further violent or sexual offence (ii) the impact of such an offence should it happen The assessment should inform the court of the circumstances in which an offence is more likely to happen, who is at risk, and how high that risk is The risk of serious harm assessment should not be framed in significant risk or Schedule 15 test terms. As good practice requires, it should be framed in terms of risk of re-offending and impact so the court can take both variables into account along with information from the prosecution, defence, and other specialist reports in coming to its assessment of dangerousness. It is for the court to come to the judgement of significant risk as defined in the Act. The role of the probation service is to help the court come to their judgement through the delivery of evidence based assessments Where the assessment by the PSR author concludes an offender does not present a high or very high risk of serious harm, they can, if appropriate, address an alternative proposal. 8.2 Magistrates Courts process Where an offender has been convicted of a specified offence at the magistrates court the prosecution will bring to the court s attention the fact that the provisions apply. Having given the facts of the case and antecedents, they will draw the attention of the court to those convictions that are relevant and whether the statutory presumption of risk based on previous convictions is raised. They will also give the court the facts of the previous convictions, plus any other information available that may indicate a pattern of behaviour suggesting dangerousness. The court may then request a PSR to assess whether the statutory presumption of risk is rebutted. At the same time they could give their view on the level of seriousness and the purposes of sentencing so that the PSR can contain an appropriate disposal should there be an absence of known risk factors. If the magistrates consider that the offender may pose a risk of significant harm they will commit to the Crown Court for sentence. The magistrates are not making the final disposal, so the standard of certainty for sending can be less than is required in actually giving the sentence. Page 19

22 General notes - PSRs As at present there are offences, eg ABH and robbery, that will be committed straight to the Crown Court in any event. There should also be cases where it will appear obvious to the magistrates that there is an absence of factors indicating risk of harm and these cases will be kept in the magistrates courts There will also be cases at the Crown Court where the absence or presence of risk factors will appear clear and obvious, and other cases where a PSR is requested when the court will most certainly require an assessment of risk in order to help them to reach the significant risk judgement. Page 20

23 PSRs, assessments and handling of Sch 15 cases 9 - PSRs, assessments and the courts handling of Schedule 15 cases This section sets out some potential scenarios for dealing with offenders convicted of Schedule 15 offences as follows: 9.1 Magistrates Courts There will be cases of specified offences, the nature and facts of which will cause the magistrates to consider that their powers are not enough to deal with them, even without any consideration of risk. These cases will be committed to the Crown Court as before There will be cases of specified offences without relevant offences where the magistrates are able to give an initial view of seriousness and request a PSR as with any other offences, and a PSR should be delivered in line with PC18/2005. Even if the offence is a specified offence, there will be cases that pass the tests for a Fast Delivery PSR. Paragraph 13.2 of PC18/2005 does not preclude this (eg in cases where there is an ABH with no previous convictions a public protection sentence is not seen as likely) In cases of specified offences, where there is a previous Schedule 15 offence, the court cannot simply dismiss the possibility of risk- it will need to have considered and rebutted the presumption. They will need help in the consideration process, and a PSR will most probably be required. It is likely that many offenders with previous relevant offences will not meet the dangerousness test, and a Standard Delivery PSR will need to be produced in order to give the court an assessment of serious harm. If the OASys risk of harm is low, then this information can be used by the court in its rebuttal of the presumption. The court should also, in adjourning for a PSR, have followed the processes necessary for the PSR author to make an appropriate sentencing proposal outside the Chapter 5 provisions Similarly, there will be cases of specified offences, but without relevant offences, where the court is unsure about whether the offender meets the dangerous test. The magistrates will need help, via a PSR, to decide whether there exists sufficient possibility of meeting the dangerousness test for them to send the case to the Crown Court. Subsequently, the PSR will be used to help the Crown Court decide whether a public protection sentence should be given It is important to note that (i) (ii) in cases where there are previous relevant offences, the PSR will inform the rebuttal of the presumption, and in cases where there are no relevant offences it will be used by the court in their consideration of whether the offender meets the dangerousness test. 9.2 Crown Court There will be cases at the Crown Court where the absence or presence of risk factors may appear clear and obvious and the Court moves to sentence without a PSR. 13 PC 18/2005 paragraph 13.2 A Standard Delivery PSR with a full OASys assessment will be required in every case in which one of the new Public Protection sentences is likely. Page 21

24 PSRs, assessments and handling of Sch 15 cases In other cases the Crown Court will need to either rebut the presumption of significant risk, or come to a judgement that the offender meets or does not meet the dangerousness test. The PSR will help the court to do this Where the Court deems the offender not to meet the dangerousness test, or the presumption of risk is rebutted, the Court will sentence as with other types of offenders. In many cases the seriousness of the offence will mean that the Court will pass a standard determinate sentence. It is not necessary for the PSR author in any of these cases to address the length of the prison sentence In other cases where the offender is not deemed dangerous, (e.g. where the magistrates have committed the offender to Crown Court because there is uncertainty over the risk presented) and a custodial sentence is not considered necessary on the basis of the seriousness of the offence etc, the PSR author could explore other sentencing options. 9.3 Other circumstances There will be circumstances other than those set out here. It is important for PSR authors to keep in mind PC18/2005 and other parts of the CJA03 when producing reports, and understand that judgements concerning significant risk are for the Courts to make, whilst risk assessments in PSR s are intended to help the court make those judgements. Page 22

25 ANNEX A ANNEX A CRIMINAL JUSTICE ACT 2003 SCHEDULE 15 Section 224 Specified Offences for Purposes of Chapter 5 of Part 12 Part 1 Specified Violent Offences SERIOUS? OFFENCE MAXIMUM PENALTY Manslaughter Kidnapping False imprisonment Soliciting murder (section 4 of the Offences against the Person Act 1861) Threats to kill (section 16 of the Offences against the Person Act 1861) Wounding with intent to cause grievous bodily harm (section 18 of the Offences against the Person Act 1861) Malicious wounding (section 20 of the Offences against the Person Act 1861) Attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence (section 21 of the Offences Against the Person Act 1861) Using chloroform etc. to commit or assist in the committing of any indictable offence (section 22 of the Offences Against the Person Act 1861) Maliciously administering poison etc. so as to endanger life or inflict grievous bodily harm (section 23 of the Offences Against the Person Act 1861) Abandoning children (section 27 of the Offences Against the Persons Act 1861) Causing bodily injury by explosives (section 28 of the Offences Against the Person Act 1861) Using explosives etc. with intent to do grievous bodily harm (section 29 of the Offences Against the Person Act 1861) Placing explosives etc. with intent to do bodily injury (section 30 of the Offences Against the Person Act 1861) Setting spring guns etc. with intent to do grievous bodily harm (section 31 of the Offences Against the Person Act 1861) Endangering the safety of railway passengers (section 32 of the Offences Against the Person Act 1861) Injuring persons by furious driving (section 35 of the Offences Against the Person Act 1861) On indictment -10 years On indictment - 5 years 10 years On indictment - 5 years 14 years 5 years 2 years Page 23

26 ANNEX A Assaulting officer preserving wreck (section 37 of the Offences Against the Person Act 1861) Assault with intent to resist arrest (section 38 of the Offences Against the Person Act 1861) Assault occasioning actual bodily harm (section 47 of the Offences Against the Person Act 1861) Causing explosion likely to endanger life or property (section 2 of the Explosive Substances Act 1883) Attempt to cause explosion, or making or keeping explosive with intent to endanger life or property (section 3 of the Explosive Substances Act 1883) Child destruction (section 1 of the Infant (Preservation) Act 1929) 7 years On indictment - 2 years On indictment - 5 years Cruelty to children (section 1 of the Children and Young Persons Act 1933) Infanticide (section 1 of the Infanticide Act 1938) On indictment -10 years Possession of firearm with intent to endanger life (section 16 of the Firearms Act 1968) Possession of firearm with intent to cause fear of violence (section 16A of the Firearms Act 1968) Use of firearm to resist arrest (section 17(1) of the Firearms Act 1968) Possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act (section 17(2) of the Firearms Act 1968) Carrying a firearm with criminal intent (section 18 of the Firearms Act 1968) Robbery or assault with intent to rob (section 8 of the Theft Act 1968) Burglary with intent toinflict grievous bodily harm on a person, or do unlawful damage to a building or anything in it. (section 9 of the Theft Act 1968) 10 years 14 years (building which is a dwelling) 10 years otherwise Aggravated burglary (section 10 of the Theft Act 1968) Aggravated vehicle-taking involving an accident which 14 years caused the death of any person (Section 12A of the Theft Act 1968) Arson (section 1 of the Criminal Damage Act 1971) Destroying or damaging property other than an offence of arson (section 1(2) of the Criminal Damage Act 1971) Hostage-taking (section 1 of the Taking of Hostages Act 1982) Page 24

27 ANNEX A Hijacking (section 1 of the Aviation Security Act 1982) Destroying, damaging or endangering safety of aircraft (section 2 of the Aviation Security Act 1982) Other acts endangering or likely to endanger safety of aircraft (section 3 of the Aviation Security Act 1982) Offences in relation to certain dangerous articles (section 4 of the Aviation Security Act 1982) Ill-treatment of patients (section 127 of the Mental Health Act 1983) Prohibition of female circumcision (section 1 of the Prohibition of Female Circumcision Act 1985) Riot (section 1 of the Public Order Act 1986) 10 years On indictment - 5 years On indictment - 2 years On indictment - 5 years Violent disorder (section 2 of the Public Order Act 1986) On indictment - 5 years Affray (section 3 of the Public Order Act 1986) On indictment - 3 years Torture (section 134 of the Criminal Justice Act 1988) Causing death by dangerous driving (section 1 of the Road Traffic Act 1988) Causing death by careless driving when under influence of drink or drugs (section 3A of the Road Traffic Act 1988) Endangering safety at aerodromes (under section 1 of the Aviation and Maritime Security Act 1990) Hijacking of ships (section 9 of the Aviation and Maritime Security Act 1990) Seizing or exercising control of fixed platforms (section 10 of the Aviation and Maritime Security Act 1990) Destroying fixed platforms or endangering their safety (section 11 of the Aviation and Maritime Security Act 1990) Other acts endangering or likely to endanger safe navigation (section 12 of the Aviation and Maritime Security Act 1990) Offences relating to Channel Tunnel trains and the tunnel system (Part II of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570)) Putting people in fear of violence (section 4 of the Protection from Harassment Act 1997) 14 years 14 years On indictment - 5 years Page 25

28 ANNEX A Racially or religiously aggravated assaults (section 29 of the Crime and Disorder Act 1998) Racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986 (section 31(1)(a) or (b) of the Crime and Disorder Act 1998) Genocide, crimes against humanity, war crimes and related offences), other than one involving murder (section 51 or 52 of the International Criminal Court Act 2001) Female genital mutilation (section 1 of the Female Genital Mutilation Act 2003) Assisting a girl to mutilate her own genitalia (section 2 of the Female Genital Mutilation Act 2003) Assisting a non-uk person to mutilate overseas a girl's genitalia (section 3 of the Female Genital Mutilation Act 2003) Aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, Conspiring to commit an offence so specified, or attempting to commit an offence so specified. (GBH or ABH) On indictment 7 years Summary conviction 6 (common assault) On indictment - 2 years On indictment - 2 years 30 years Same as substantive offence Same as substantive offence Same as substantive offence Attempt to commit murder or a conspiracy to commit murder Part 2 Specified Sexual Offences Rape (section 1 of the Sexual Offences Act 1956) Procurement of woman by threats (section 2 of the Sexual Offences Act 1956) Procurement of woman by false pretences (section 3 of the Sexual Offences Act 1956) Administering drugs to obtain or facilitate intercourse (section 4 of the Sexual Offences Act 1956) Intercourse with girl under thirteen (section 5 of the Sexual Offences Act 1956) Intercourse with girl under 16 (section 6 of the Sexual Offences Act 1956) Intercourse with a defective (section 7 of the Sexual Offences Act 1956) 2 years 2 years 2 years On indictment - 2 years 2 years Page 26

29 ANNEX A Procurement of a defective (section 9 of the Sexual Offences Act 1956) 2 years Incest by a man (section 10 of the Sexual Offences Act 1956) (incest with girl under 13) 7 years otherwise Incest by a woman (section 11 of the Sexual Offences Act 1956) 7 years Indecent assault on a woman (section 14 of the Sexual Offences Act 1956) Indecent assault on a man section 15 of the Sexual Offences Act 1956) Assault with intent to commit buggery (section 16 of the Sexual Offences Act 1956) Abduction of woman by force or for the sake of her property (section 17 of the Sexual Offences Act 1956) Abduction of unmarried girl under eighteen from parent or guardian (section 19 of the Sexual Offences Act 1956) Abduction of unmarried girl under sixteen from parent or guardian (section 20 of the Sexual Offences Act 1956) Abduction of defective from parent or guardian (section 21 of the Sexual Offences Act 1956) Causing prostitution of women (section 22 of the Sexual Offences Act 1956) Procuration of girl under twenty-one (section 23 of the Sexual Offences Act 1956) 10 years 14 years 2 years 2 years 2 years 2 years 2 years Detention of woman in brothel (section 24 of the Sexual Offences Act 1956) Permitting girl under thirteen to use premises for intercourse (section 25 of the Sexual Offences Act 1956) Permitting girl under sixteen to use premises for intercourse (section 26 of the Sexual Offences Act 1956) Permitting defective to use premises for intercourse (section 27 of the Sexual Offences Act 1956) 2 years On indictment - 2 years 2 years Causing or encouraging the prostitution of, intercourse with or indecent assault on girl under sixteen (section 28 of the Sexual Offences Act 1956) Causing or encouraging prostitution of defective (section 29 of the Sexual Offences Act 1956) Soliciting by men (section 32 of the Sexual Offences Act 1956) Keeping a brothel (section 33 of the Sexual Offences Act 1956) 2 years 2 years On indictment - 2 years 2 nd Offence st Offence 3 Page 27

30 ANNEX A Sexual intercourse with patients (section 128 of the Mental Health Act 1959) Indecent conduct towards young child (under section 1 of the Indecency with Children Act 1960) Procuring others to commit homosexual acts (section 4 of the Sexual Offences Act 1967) Living on earnings of male prostitution (section 5 of the Sexual Offences Act 1967) Burglary with intent to commit rape (section 9 of the Theft Act 1968) Inciting girl under sixteen to have incestuous sexual intercourse (section 54 of the Criminal Law Act 1977) Indecent photographs of children (section 1 of the Protection of Children Act 1978) Indecent or obscene articles (section 170 of the Customs and Excise Management Act 1979 (c. 2) (penalty for fraudulent evasion of duty etc.) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876) 2 years On indictment - 2 years 14 years (building which is a dwelling) 10 years otherwise On indictment - 2 years Possession of indecent photograph of a child (section 160 of the Criminal Justice Act 1988) Rape (section 1 of the Sexual Offences Act 2003) On indictment - 5 years Assault by penetration (section 2 of the Sexual Offences Act 2003) Sexual assault (section 3 of the Sexual Offences Act 2003) Causing a person to engage in sexual activity without consent (section 4 of the Sexual Offences Act 2003) Rape of a child under 13 (section 5 of the Sexual Offences Act 2003) Assault of a child under 13 by penetration (section 6 of the Sexual Offences Act 2003) Sexual assault of a child under 13 (section 7 of the Sexual Offences Act 2003) Causing or inciting a child under 13 to engage in sexual activity (section 8 of the Sexual Offences Act 2003) Sexual activity with a child (section 9 of the Sexual Offences Act 2003) Causing or inciting a child to engage in sexual activity (section 10 of the Sexual Offences Act 2003) Page 28

31 ANNEX A Engaging in sexual activity in the presence of a child (section 11 of the Sexual Offences Act 2003) Causing a child to watch a sexual act (section 12 of the Sexual Offences Act 2003) Child sex offences committed by children or young persons (section 13 of the Sexual Offences Act 2003) Arranging or facilitating commission of a child sex offence (section 14 of the Sexual Offences Act 2003) Meeting a child following sexual grooming etc. (section 15 of the Sexual Offences Act 2003) Abuse of position of trust: sexual activity with a child (section 16 of the Sexual Offences Act 2003) Abuse of position of trust: causing or inciting a child to engage in sexual activity (section 17 of the Sexual Offences Act 2003) Abuse of position of trust: sexual activity in the presence of a child (section 18 of the Sexual Offences Act 2003) Abuse of position of trust: causing a child to watch a sexual act (section 19 of the Sexual Offences Act 2003) Sexual activity with a child family member (section 25 of the Sexual Offences Act 2003) Inciting a child family member to engage in sexual activity (section 26 of the Sexual Offences Act 2003) Sexual activity with a person with a mental disorder impeding choice (section 30 of the Sexual Offences Act 2003) Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity (section 31 of the Sexual Offences Act 2003) Engaging in sexual activity in the presence of a person with a mental disorder impeding choice (section 32 of the Sexual Offences Act 2003) Causing a person with a mental disorder impeding choice to watch a sexual act (section 33 of the Sexual Offences Act 2003) Inducement, threat or deception to procure sexual activity with a person with a mental disorder (section 34 of the Sexual Offences Act 2003) On indictment - 5 years On indictment - 5 years On indictment - 5 years On indictment - 5 years On indictment - 5 years (offender aged 18+) On indictment 14 years (offender under 18) On indictment 5 years (offender aged 18+) On indictment - 14 years (offender under 18) On indictment - 5 years On indictment 14 years Page 29

32 ANNEX A Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception (section 35 of the Sexual Offences Act 2003) Engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder (section 36 of the Sexual Offences Act 2003) Causing a person with a mental disorder to watch a sexual act by inducement, threat or deception (section 37 of the Sexual Offences Act 2003) Care workers: sexual activity with a person with a mental disorder (section 38 of the Sexual Offences Act 2003) Care workers: causing or inciting sexual activity (section 39 of the Sexual Offences Act 2003) Care workers: sexual activity in the presence of a person with a mental disorder (section 40 of the Sexual Offences Act 2003) Care workers: causing a person with a mental disorder to watch a sexual act (section 41 of the Sexual Offences Act 2003) On indictment - 7 years On indictment - 7 years Paying for sexual services of a child (section 47 of the Sexual Offences Act 2003) Causing or inciting child prostitution or pornography (section 48 of the Sexual Offences Act 2003) Controlling a child prostitute or a child involved in pornography (section 49 of the Sexual Offences Act 2003) Arranging or facilitating child prostitution or pornography (section 50 of the Sexual Offences Act 2003) Causing or inciting prostitution for gain (section 52 of the Sexual Offences Act 2003) Controlling prostitution for gain (section 53 of the Sexual Offences Act 2003) Trafficking into the UK for sexual exploitation (section 57 of the Sexual Offences Act 2003) Trafficking within the UK for sexual exploitation (section 58 of the Sexual Offences Act 2003) Trafficking out of the UK for sexual exploitation (section 59 of the Sexual Offences Act 2003) (if child under 13) (if child under 16) On indictment - 14 years (if child under18) On indictment - 7 years Page 30

33 ANNEX A Administering a substance with intent (section 61 of the Sexual Offences Act 2003) Committing an offence with intent to commit a sexual offence (section 62 of the Sexual Offences Act 2003) Trespass with intent to commit a sexual offence (section 63 of the Sexual Offences Act 2003) Sex with an adult relative: penetration (section 64 of the Sexual Offences Act 2003) Sex with an adult relative: consenting to penetration (section 65 of the Sexual Offences Act 2003) Exposure (section 66 of the Sexual Offences Act 2003) Voyeurism (section 67 of the Sexual Offences Act 2003) Intercourse with an animal (section 69 of the Sexual Offences Act 2003) Sexual penetration of a corpse (section 70 of the Sexual Offences Act 2003) aiding, abetting, counselling, procuring or inciting the commission of an offence specified in this Part of this Schedule, conspiring to commit an offence so specified, or On indictment - 2 years On indictment - 2 years On indictment - 2 years On indictment - 2 years On indictment - 2 years On indictment - 2 years Same as substantive offence Same as substantive offence (c) attempting to commit an offence so specified. Same as substantive offence Page 31

34

35 For further information about this Guide, or the new sentencing provisions introduced by the Criminal Justice Act 2003, please contact the implementation team on: Tel: Criminal Justice Act 2003 Sentence Implementation Programme, National Probation Directorate, Horseferry House, Dean Ryle Street, London SW1P 2AW Page 33

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