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Provide that a criminal reconvicted for an offence on a second or further
occasion receives a longer sentence than for the first such offence.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Escalation of Custodial Sentences

(1) Any person convicted of the same criminal offence on more than one occasion
must receive a longer custodial sentence for the second or subsequent offence
than his longest previous sentence for the same offence, unless the Court
5considers it unjust to do so.

(2) Where a Court considers that the application of subsection (1) would result in
an unjust sentence it shall impose a sentence of imprisonment equal to that of
the individual’s longest previous sentence for that offence.

(3) Where the sentencing options for the current offence do not permit the court to
10increase the sentence under the provisions of subsection (1) the court must
impose the maximum sentence available to it.

(4) In determining a sentence under subsection (1), a court shall not be bound by
section 125 (sentencing guidelines: duty of court) of the Coroners and Justice
Act 2009.

2 15Short title and commencement

(1) This Act may be cited as the Sentencing Escalator Act 2013.

(2) This Act comes into force one month after the date on which it is passed.


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