Sentencing Act 2020

SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation

Section 408 PART 5 Custodial sentences Increase in magistrates' court's power to impose imprisonment 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Age limit for imposing imprisonment 51A In section 252A (special sentence of detention for certain offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”. 54A In section 277A (presumption of suspended sentence order: person aged 21 or over)— (a) in subsection (1)(a), for “21” substitute “18”; (b) in the heading, for “person aged 21 or over” substitute “adults”. Minimum sentences: firearms and corrosive substances 81 (1) Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows. (2) After paragraph 1 insert— 1A An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22). (3) In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute— (a) committed in respect of a relevant firearm or relevant ammunition, or (b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968. (4) In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute — (a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or (b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968. . (5) In paragraph 5, for the words following “where” substitute — (a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or (b) the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968. (6) For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means— (a) the date on which those sub-paragraphs come into force, or (b) if earlier, the 2019 Act commencement date. (7) The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force. But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250. (8) For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means— (a) the date on which that sub-paragraph comes into force, or (b) if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force. 82 (1) Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows. (2) In subsection (1)— (a) in paragraph (a)— (i) omit “or” at the end of sub-paragraph (ii); (ii) after sub-paragraph (iii) insert or (iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place), ; (b) in paragraph (b), for “17 July 2015” substitute “ the relevant date ”. (3) After subsection (1) insert— (1A) In subsection (1)(b), “the relevant date” means— (a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force); (b) in any other case, 17 July 2015. (4) In subsection (5)— (a) omit “or” at the end of paragraph (a); (b) at the end of paragraph (b) insert or (c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place) . (5) In the title, at the end insert “ or corrosive substance ”. 83 In each of the following provisions, after “weapon” insert “ or corrosive substance ” (a) section 73(4) (reduction in sentences for guilty pleas); (b) section 234(2)(b) (detention and training order: availability); (c) section 399(c)(v) (mandatory sentences). PART 6 EU Exit 86 (1) Section 65 (previous convictions) is amended as follows. (2) In subsection (4)— (a) at the end of paragraph (a) insert “ or ”; (b) omit paragraph (b); (c) omit paragraph (d) (and the word “or” immediately before it). (3) After subsection (4) insert— (4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes— (a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and (b) a finding of guilt in respect of a member State service offence (see subsection (6)). (3A) In subsection (6), for “(4)(d)” substitute “(4A)(b). 87 (1) In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it). (2) After subsection (2) insert— (2A) But the compulsory referral conditions are not met if— (a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and, (b) the offender has previously been convicted by or before a court in a member State of any offence . 87A. Section 267 (extended sentence of detention in a young offender institution: availability) is amended as follows— (a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”; (b) after that subsection insert— (3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14. . 88 (1) In section 273 (custody for life for second listed offence) in subsection (12)— (a) in the definition of “extended sentence”, in the words following paragraph (b), for the words following “Scotland” substitute “ or Northern Ireland ”; (b) in the definition of “life sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”. (2) After subsection (12) insert— (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State— (a) “extended sentence”, and (b) “life sentence”. . 88A. Section 280 (extended sentence of imprisonment: availability) is amended as follows— (a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”; (b) after that subsection insert— (3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14 . 89 (1) In section 283 (life sentence for second listed offence) in subsection (12)— (a) in the definition of “extended sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”; (b) in the definition of “life sentence”, in the words following paragraph (f), for the words following “Scotland” substitute “ or Northern Ireland ”. (2) after subsection (12) insert— (12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State— (a) “extended sentence”, and (b) “life sentence”. . 90 (1) In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)— (a) omit paragraph (b); (b) at the end of paragraph (c) insert “ or ”; (c) omit paragraph (e) (and the word “or” immediately before it). (2) After subsection (3) insert— (3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes— (a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and (b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction. . 91 (1) In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)— (a) in paragraph (b) omit “or another member State”; (b) at the end of paragraph (c) insert “ or ”; (c) omit paragraph (e) (and the word “or” immediately before it). (2) After subsection (3) insert— (3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes— (a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and (b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction. . 92 (1) In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)— (a) in paragraph (b) omit “or another member State”; (b) at the end of paragraph (c) insert “ or ”; (c) omit paragraph (e) (and the word “or” immediately before it). (2) After subsection (4) insert— (4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes— (a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and (b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed). . 93 (1) Section 317 (certificates of conviction for purposes of sections 313 and 314) is amended as follows. (2) In subsection (1)— (a) for the words before “applies” substitute “Subsection (2)”; (b) omit paragraph (c) (but not the word “or” at the end of it); (c) in paragraph (d) omit “, or in any other member State,”. (2A) after subsection (2) insert— (2A) Subsection (2B) applies where an offender has been convicted— (a) in any member State of a corresponding drug trafficking offence, or (b) in any member State of a corresponding domestic burglary offence. (2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified— (a) that the offender was convicted of that offence on the date of the conviction; (b) that the offence was committed on a particular day, or over, or at some time during, a particular period. . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) In subsection (4)— (a) in the definition of “corresponding drug trafficking offence”, after “313(3)(b)” insert “or (3A)(a)”; (b) in the definition of “corresponding domestic burglary offence”, after “314(3)(b)” insert “or (3A)(a)”. 94 (1) Section 318 (offences under service law) is amended as follows. (2) In subsection (2) for “and (e)” substitute “and (3A)(b)”; (3) In subsection (3)(a) for “and (e)” substitute “and (3A)(b)”. 95 (1) ... Schedule 14 (extended sentences: the earlier offence condition: offences) ... is amended as follows. (2) In paragraph 18, for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”; (3) Omit paragraphs 19 and 20. (4) In the heading of Part 3, for the words following “Scotland” substitute “ or Northern Ireland. ” (5) After Part 3 insert— Part 3A PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE 20A. A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule. 20B. A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule. (6) In Part 4, after paragraph 21 insert— 22. In this Schedule— “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence; “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state. . 96 (1) Schedule 15 (life sentence for second offence: listed offences), ... is amended as follows. (2) In paragraph 20— (a) for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”; (b) omit “This is subject to paragraph 23”. (3) Omit paragraphs 21 to 23. (4) In the heading of Part 4, for the words following “Scotland” substitute “ or Northern Ireland. ” (5) After Part 4 insert— Part 4A PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE 23A. If the proceedings for the index offence were instituted before IP completion day (see section 397(5))— (a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule; (b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule. This is subject to paragraph 23C. 23B. Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect— (a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and (b) with the omission of paragraphs 23A(b). (6) In paragraph 24(1) of Part 5 insert— “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence; “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state. . 97 Omit paragraphs 16 to 18 of this Schedule (which make amendments relating to offences in other member States). 97A. In paragraph 19 of this Schedule (which makes amendments to section 397A (offenders fined at least three times: interpretation)), after sub-paragraph (1) insert— (1A) After subsection (3) insert— (3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence. . Part 7A Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc Proceeds of Crime Act 2002 (c. 29) 100A (1) The Proceeds of Crime Act 2002 is amended as follows. (2) In section 35A (default term of imprisonment or detention)— (a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”; (b) in subsection (4), in the opening words, omit “, or detained,”; (c) in the heading, omit “or detention”. (3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”. (4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”. PART 8 Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment Proceeds of Crime Act 2002 (c. 29) 103 In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.