Policy paper

Annex A: in-scope offences

Updated 29 June 2023

In-scope offences: Taken from section 1 and 2 of Schedule 15 of the Criminal Justice Act 2003 that are proposed to have the automatic release point increased from halfway to two-thirds of the sentence length for standard determinate sentences of 4 years or more but less than 7 years. All offences carry a maximum penalty of a life sentence.

Specified violent offences

Manslaughter

Soliciting murder

[an offence under section 4 of the Offences against the Person Act 1861 (c. 100)]

Wounding/causing grievous bodily harm with intent to cause grievous bodily harm

(an offence under section 18 of the Offences against the Person Act)

Attempted murder, conspiracy to commit murder, incitement to commit murder.

An offence under Part 2 of the Serious Crime Act 2007 in relation to which murder is the offence (or one of the offences) which the person intended or believed would be committed.

Specified sexual offences

Rape

(An offence under section 1 of the Sexual Offences Act 1956 (c. 69)

Intercourse with girl under 13

(An offence under section 5 of the Sexual Offences Act 1956)

Incest by a man with a girl under 13

(An offence under section 10 of the Sexual Offences Act 1956)

Permitting girl under thirteen to use premises for intercourse

(An offence under section 25 of the Sexual Offences Act 1956)

Rape

(An offence under section 1 and section 3 (Rape of a child U-13) of the Sexual Offences Act 2003 (c. 42)

Assault by Penetration

(An offence under section 2 and section 6 (assault of a child U-13 by penetration) of the Sexual Offences Act 2003)

(An offence under section 4 of the Sexual Offences Act 2003 where it is alleged that the activity caused involved penetration within subsection (4)(a) to (d) of that section.

Rape of a child and other offences against children under 13

An offence under section 5 of the Sexual Offences Act 2003

Assault of a child under 13 by penetration

An offence under section 6 of the Sexual Offences Act 2003

Causing a child under thirteen to engage in sexual activity

An offence under section 8 of the Sexual Offences Act 2003 where it is alleged that an activity involving penetration within subsection (2)(a) to (d) of that section was caused

Sexual activity with a person with a mental disorder impeding choice

An offence under section 30 of the Sexual Offences Act 2003

Causing or inciting a person with a mental disorder impeding choice to engage in sexual activity

An offence under section 31 of the Sexual Offences Act 2003

Inducement, threat or deception to procure sexual activity with a person with a mental disorder

(An offence under section 34 of the Sexual Offences Act 2003)

Causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception

(An offence under section 35 of the Sexual Offences Act 2003)

Paying for sexual services of a child (where victim is <13, penetrative)

An offence under section 47 of the Sexual Offences Act 2003

Kidnapping or false imprisonment committed with the intention of committing a relevant sexual offence

An offence under section 62(3) of the Sexual Offences Act 2003 where the offender commits a kidnap or false imprisonment with the intention of committing an offence under Part 3 of that Act

An 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)

Aiding, abetting, counselling or procuring the commission of an offence specified in the preceding paragraphs of this Part of this Schedule.

(2) An attempt to commit such an offence.

(3) Conspiracy to commit such an offence.

(4) Incitement to commit such an offence.

(5) An offence under Part 2 of the Serious Crime Act 2007 in relation to which an offence specified in the preceding paragraphs of this Part of this Schedule is the offence (or one of the offences) which the person intended or believed would be committed