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Act index » Part I - Offences » Division 9A - Penalties for certain common law offences
320 Maximum term of imprisonment for certain common law offences
An offence at common law specified in column 1 of the Table is punishable by the maximum term of imprisonment specified opposite it in column 2 of the Table. TABLE Column 1 Column 2 Maximum Term of Common law offence Imprisonment Attempt to pervert the Level 2 imprisonment course of justice (25 years maximum) Breach of prison Level 6 imprisonment (5 years maximum) Bribery of public official Level 5 imprisonment (10 years maximum) Common assault Level 6 imprisonment (5 years maximum) Conspiracy to cheat and Level 4 imprisonment defraud (15 years maximum) Conspiracy to defraud Level 4 imprisonment (15 years maximum) Criminal defamation Level 5 imprisonment (10 years maximum) Embracery Level 4 imprisonment (15 years maximum) False imprisonment Level 5 imprisonment (10 years maximum) Kidnapping Level 2 imprisonment (25 years maximum) Misconduct in public Level 5 imprisonment office (10 years maximum) Column 1 Column 2 Maximum Term of Common law offence Imprisonment Perverting the course of Level 2 imprisonment justice (25 years maximum) Public nuisance Level 6 imprisonment (5 years maximum) Level 6 imprisonment Unlawful assembly (5 years maximum)
S. 320 amended by Nos 6762 s. 13(e), 7184 s. 4, substituted by No. 7645 s. 4, amended by Nos 7876 s. 2(3), 9576 s. 11(1), 10084 s. 5, repealed by No. 10260 s. 114(Sch. 4 item 4).New s. 320 inserted by No. 48/1997 s. 56, amended by No. 8/2008 s. 13.S. 320 (Table) amended by Nos 47/2016 s. 19, 32/2017 s. 10.Note to s. 320 inserted by No. 65/2016 s. 20(20).
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The offence of kidnapping at common law is a category 2 offence under the Sentencing Act 1991. See subsection (2H) of section 5 of that Act for the requirement to impose a custodial order for this offence unless the circumstances set out in paragraphs (a) to (e) of that subsection exist.