OpenLegislation

Paragraph 2

England, Wales and Northern Ireland

Any case in which sentence is passed on a person for one of the following offences:

(a)

an offence under section 16 of the Offences against the Person Act 1861 M1 (threats to kill);

(b)

an offence under section 5(1) of the Criminal Law Amendment Act 1885 M2 (defilement of a girl between 14 and 17);

(c)

an offence under section 1 of the Children and Young Persons Act 1933 M3 (cruelty to persons under 16) or section 20 of the Children and Young Persons Act (Northern Ireland) 1968 M4(cruelty to persons under 16);

(d)

an offence under section 6 of the Sexual Offences Act 1956 M5 (unlawful sexual intercourse with a girl under 16), section 14 or 15 of that Act (indecent assault on a woman or on a man), section 52 of the Offences against the Person Act 1861 (indecent assault upon a female), or Article 21 of the Criminal Justice (Northern Ireland) Order 2003 M6 (indecent assault on a male);

(e)

an offence under section 1 of the Indecency with Children Act 1960 M7 or section 22 of the Children and Young Persons Act (Northern Ireland) 1968 (indecent conduct with a child);

(f)

an offence under section 4(2) or (3) (production or supply of a controlled drug), section 5(3) (possession of a controlled drug with intent to supply) or section 6(2) (cultivation of cannabis plant) of the Misuse of Drugs Act 1971 M8;

(g)

an offence under section 54 of the Criminal Law Act 1977 M9 or Article 9 of the Criminal Justice (Northern Ireland) Order 1980 M10 (inciting a girl under 16 to have incestuous sexual intercourse);

F1(ga)

an offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children);

(h)

an offence under section 50(2) or (3), section 68(2) or section 170(1) or (2) of the Customs and Excise Management Act 1979 M11, insofar as those offences are in connection with a prohibition or restriction on importation or exportation of either:

(i)

a controlled drug within the meaning of section 2 of the Misuse of Drugs Act 1971, such prohibition or restriction having effect by virtue of section 3 of that Act; or

(ii)

an article prohibited by virtue of section 42 of the Customs Consolidation Act 1876 M12 but only insofar as it relates to or depicts a person under the age of 16;

F2(ha)

an offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of child);

(hb)

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

(i)

offences under sections 29 F3, 30, 31(a), 31(b) and 32 of the Crime and Disorder Act 1998 M13 (racially or religiously aggravated assaults; racially or religiously aggravated criminal damage; racially or religiously aggravated public order offences; racially or religiously aggravated harassment etc)F4;

(j)

an offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation)F5;

(k)

an offence under section 71 of the Coroners and Justice Act 2009 (slavery, servitude and forced or compulsory labour).

F6(ka)

an offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship)

F7(l)

an offence under section 1 (slavery, servitude and forced or compulsory labour), 2 (human trafficking) or 4 (committing an offence with intent to commit a human trafficking offence) of the Modern Slavery Act 2015.

Annotations

Textual amendments

F1

Sch. 1 para. 2(ga) inserted (19.11.2019) by The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2019 (S.I. 2019/1397), arts. 1(1), 2(2)(a)

F2

Sch. 1 para. 2(ha)(hb) inserted (19.11.2019) by The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2019 (S.I. 2019/1397), arts. 1(1), 2(2)(b)

F3

Words in Sch. 1 para. 2(i) substituted (19.11.2019) by The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2019 (S.I. 2019/1397), arts. 1(1), 2(2)(c)

F4

Sch. 1 para. 2(j) inserted (6.8.2012) by The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2012 (S.I. 2012/1833), arts. 1(1), 2(2)(b)

F5

Sch. 1 para. 2(k) inserted (21.7.2014) by The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2014 (S.I. 2014/1651), arts. 1(1), 2(2)

F6

Sch. 1 para. 2(ka) inserted (19.11.2019) by The Criminal Justice Act 1988 (Reviews of Sentencing) (Amendment) Order 2019 (S.I. 2019/1397), arts. 1(1), 2(2)(d)

F7

Sch. 1 para. 2(l) inserted (31.7.2015) by The Modern Slavery Act 2015 (Consequential Amendments) Regulations 2015 (S.I. 2015/1472), regs. 1, 3

Marginal citations

M1

1861 c. 100.

M2

1885 c. 69.

M3

1933 c. 12.

M4

1968 c. 34 (N.I.).

M5

1956 c. 69.

M6

S.I. 2003/1247 (NI 13).

M7

1960 c. 33.

M8

1971 c. 38.

M9

1977 c. 45.

M10

S.I. 1980/704 (NI 6).

M11

1979 c. 2.

M12

1876 c. 36.

M13

1998 c. 37.