Paragraph 26 OffencesI1

After Schedule 6 to the Domestic Violence, Crime and Victims Act 2004 (intermittent custody) insert—

“Schedule 6A

Representations and information: offences

Section 35

Part 1

Offences in respect of which certain custodial sentence imposed

Common law offences

1

Murder.

2

Manslaughter.

3

Kidnapping.

4

False imprisonment.

Offences against the Person Act 1861

5

An 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

6

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);

(b)

section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c)

section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).

Infant Life (Preservation) Act 1929

7

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

Children and Young Persons Act 1933

8

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

Infanticide Act 1938

9

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

Sexual Offences Act 1956

10

An 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

11

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

Indecency with Children Act 1960

12

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

Sexual Offences Act 1967

13

An 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).

Firearms Act 1968

14

An 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

15

An 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(1)(a) (burglary with intent to commit certain other offences);

(c)

section 10 (aggravated burglary);

(d)

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

Misuse of Drugs Act 1971

16

An offence under section 4(3) of the Misuse of Drugs Act 1971 (supply etc of controlled drugs).

Criminal Damage Act 1971

17

(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.

Criminal Law Act 1977

18

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

Protection of Children Act 1978

19

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

Taking of Hostages Act 1982

20

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

Aviation Security Act 1982

21

An 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).

(e)

section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).

Nuclear Material (Offences) Act 1983

22

An offence under section 2 of the Nuclear Material (Offences) Act 1983 (preparatory acts and threats).

Mental Health Act 1983

23

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

Child Abduction Act 1984

24

An offence under section 1 of the Child Abduction Act 1984 (offence of abduction of child by parent etc).

Prohibition of Female Circumcision Act 1985

25

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

Public Order Act 1986

26

An 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

27

An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)

section 134 (torture);

(b)

section 160 (possession of indecent photograph of a child).

Road Traffic Act 1988

28

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

(a)

section 1 (causing death by dangerous driving);

(b)

section 1A (causing serious injury by dangerous driving);

(c)

section 2B (causing death by careless or inconsiderate driving);

(d)

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

(e)

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

Aviation and Maritime Security Act 1990

29

An 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 13 (offences involving threats).

Chemical Weapons Act 1996

30

An offence under section 2 of the Chemical Weapons Act 1996 (use etc of chemical weapons).

Crime and Disorder Act 1998

31

(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).

Terrorism Act 2000

32

An offence under section 58A of the Terrorism Act 2000 (publishing information about members of the armed forces).

Anti-Terrorism, Crime and Security Act 2001

33

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);

(b)

section 50 (assisting or inducing certain weapons-related acts overseas);

(c)

section 113 (use of noxious substance or thing to cause harm or intimidate).

Female Genital Mutilation Act 2003

34

An 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).

Sexual Offences Act 2003

35

An 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);

(z1)

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

(z2)

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

(z3)

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

(z4)

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

(z5)

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

(z6)

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

(z7)

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

(z8)

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

(z9)

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

(z10)

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

(z11)

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

(z12)

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

(z13)

section 52 (causing or inciting prostitution for gain);

(z14)

section 53 (controlling prostitution for gain);

(z15)

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

(z16)

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

(z17)

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

(z18)

section 59A (trafficking for sexual exploitation);

(z19)

section 61 (administering a substance with intent);

(z20)

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

(z21)

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

(z22)

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

(z23)

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

(z24)

section 66 (exposure);

(z25)

section 66A (sending etc photograph or film of genitals);

(z26)

section 66AA (taking or recording intimate photograph or film);

(z27)

section 66AC (installing etc equipment to enable taking or recording of intimate photograph or film);

(z28)

section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);

(z29)

section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);

(z30)

section 67 (voyeurism);

(z31)

section 70 (sexual penetration of a corpse);

(z32)

section 91 (offences relating to notification).

Asylum and Immigration (Treatment of Claimants, etc.) Act 2004

36

An offence under section 4 of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004 (trafficking people for exploitation) in a case where the person in relation to whom the offence is committed is under the age of 18.

Domestic Violence, Crime and Victims Act 2004

37

An 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).

Terrorism Act 2006

38

An offence under any of the following provisions of the Terrorism Act 2006—

(a)

section 10 (misuse of radioactive device or material for terrorist purposes etc);

(b)

section 11 (terrorist threats relating to radioactive devices etc).

Criminal Justice and Immigration Act 2008

39

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).

Coroners and Justice Act 2009

40

An offence under section 62 of the Coroners and Justice Act 2009 (possession of prohibited images of children).

Serious Crime Act 2015

41

An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).

Modern Slavery Act 2015

42

An offence under any of the following provisions of the Modern Slavery Act 2015—

(a)

section 1 (slavery, servitude and forced or compulsory labour);

(b)

section 2 (human trafficking).

Crime and Policing Act 2026

43

An offence under any of the following provisions of the Crime and Policing Act 2026—

(a)

section 77 (online facilitation of child sex exploitation and abuse);

(b)

section 78 (offence under section 77 outside the United Kingdom).

Inchoate offences

44

An inchoate offence (within the meaning of section 398 of the Sentencing Code) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Part 2

Representations and information: other offences

Family Law Act 1996

45

An offence under section 42A of the Family Law Act 1996 (offence of breaching non-molestation order).

Protection from Harassment Act 1997

46

An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a)

section 2 (offence of harassment);

(b)

section 2A (offence of stalking);

(c)

section 4 (putting people in fear of violence);

(d)

section 4A (stalking involving fear of violence or serious alarm or distress);

(e)

section 5 (restraining orders on conviction);

(f)

section 5A (restraining orders on acquittal).

Crime and Disorder Act 1998

47

An offence under section 32 of the Crime and Disorder Act 1998 (racially or religiously aggravated harassment etc).

Serious Crime Act 2015

48

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

Stalking Protection Act 2019

49

An offence under section 8 of the Stalking Protection Act 2019 (offence of breaching stalking protection order etc).

Sentencing Code

50

An offence under section 363 of the Sentencing Code (breaching restraining order).

Inchoate offences

51

An inchoate offence (within the meaning of section 398 of the Sentencing Code) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Part 3

Information: other offences

Common law offences

52

Common assault.

53

Battery.

Offences against the Person Act 1861

54

An offence under any of the following provisions of the Offences Against the Person Act 1861—

(a)

section 24 (maliciously administering poison etc with intent to injure, aggrieve or annoy any other person);

(b)

section 58 (administering drugs or using instruments to procure abortion);

(c)

section 59 (procuring drugs etc to cause abortion).

Prevention of Crime Act 1953

55

An offence under section 1A of the Prevention of Crime Act 1953 (offence of threatening with offensive weapon in public).

Suicide Act 1961

56

An offence under section 2 of the Suicide Act 1961 (criminal liability for complicity in another’s suicide).

Criminal Law Act 1967

57

An offence under section 4 of the Criminal Law Act 1967 (penalties for assisting offenders).

Criminal Law Act 1977

58

An offence under section 6 of the Criminal Law Act 1977 (violence for securing entry).

Mental Health Act 1983

59

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

Criminal Justice Act 1988

60

An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)

section 139 (offence of having an article with blade or point in public place);

(b)

section 139A (offence of having article with blade or point (or offensive weapon) on education premises);

(c)

section 139AA (offence of threatening with article with blade or point or offensive weapon).

Police Act 1996

61

An offence under section 89 of the Police Act 1996 (assaults on constables).

Crime and Disorder Act 1998

62

An offence under section 31 of the Crime and Disorder Act 1998 (racially or religiously aggravated public order offences).

Sexual Offences (Amendment) Act 2000

63

An offence under section 3 of the Sexual Offences (Amendment) Act 2000 (abuse of position of trust).

Sexual Offences Act 2003

64

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

(a)

section 66B(1) (sharing intimate photograph or film without consent);

(b)

section 67A (voyeurism: additional offences);

(c)

section 91 (offences relating to notification);

(d)

section 103I (breach of sexual harm prevention order etc);

(e)

section 113 (breach of sexual offences prevention order etc);

(f)

section 122H (breach of sexual risk order etc).

Mental Capacity Act 2005

65

An offence under section 44 of the Mental Capacity Act 2005 (ill-treatment or neglect).

Criminal Justice and Courts Act 2015

66

An offence under any of the following provisions of the Criminal Justice and Courts Act 2015—

(a)

section 20 (ill-treatment or wilful neglect: care worker offence);

(b)

section 21 (ill-treatment or wilful neglect: care provider offence).

Assaults on Emergency Workers (Offences) Act 2018

67

An offence under section 1 of the Assaults on Emergency Workers (Offences) Act 2018 (common assault and battery).

Offensive Weapons Act 2019

68

An offence under section 52 of the Offensive Weapons Act 2019 (offence of threatening with an offensive weapon etc in a private place).

Sentencing Code

69

An offence under any of the following provisions of the Sentencing Code—

(a)

section 342G (offences relating to a serious violence reduction order);

(b)

section 354 (breach of sexual harm prevention order).

Domestic Abuse Act 2021

70

An offence under section 39 of the Domestic Abuse Act 2021 (breach of domestic abuse protection order).

Crime and Policing Act 2026

71

An offence under section 45 of the Crime and Policing Act 2026 (assault of retail worker).

Inchoate offences

72

An inchoate offence (within the meaning of section 398 of the Sentencing Code) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.”