New Clause 87: Criminal Justice Bill
New Clause 87 - Manslaughter: sexual conduct aggravating factor
“(1) In Chapter 3 of Part 4 of the Sentencing Code (seriousness and determining sentence), after section 72 insert—
“72A Manslaughter involving sexual conduct
(1) In considering the seriousness of an offence of manslaughter involving sexual conduct, the court must—
(a) treat the fact that the offence involves sexual conduct as an aggravating factor, and
(b) state in open court that the offence is so aggravated.
(2) This section has effect in relation to a person who is convicted of an offence on or after the date on which section (Manslaughter: sexual conduct aggravating factor) of the Criminal Justice Act 2024 comes into force.”
(2) In section 238 of the Armed Forces Act 2006 (deciding the seriousness of an offence), after subsection (8) (inserted by section 23) insert—
“(9)In section 72A of the Sentencing Code (manslaughter involving sexual conduct)—
(a) the reference to an offence of manslaughter is to be read as including a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is manslaughter, and
(b) the references to a court are to be read as including a court dealing with an offender for a service offence.”.”—(Laura Farris.)