SCHEDULE 10 Breach, revocation , termination or amendment of community order
Section 218
PART 1 Preliminary
Meaning of particular expressions relating to an order
1 (1) In this Schedule, in relation to a community order—
“appropriate court” means—
if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);
if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order;
if the community order is a Crown Court community order and does not fall within paragraph (aa), the Crown Court;
in any other case, a magistrates' court acting in the offender's home local justice area;
“treatment requirement”, in relation to a community order, means—
a mental health treatment requirement of the order,
a drug rehabilitation requirement of the order, or
an alcohol treatment requirement of the order.
(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.
Enforcement officers
2 (1) In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
(3) In sub-paragraph (2) “public sector provider” means—
(a) a probation trust or other public body, or
(b) the Secretary of State.
Community order subject to magistrates' court supervision and Crown Court order
3 In this Schedule—
“community order subject to magistrates' court supervision” means a community order which—
was made by a magistrates' court, or
was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates' court supervision);
“Crown Court community order” means a community order which—
was made by the Crown Court, and
does not include a direction under that section.
Requirements subject to review
4 For the purposes of this Schedule—
(a) a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;
(b) a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.
Orders made on appeal
5 A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
PART 2 Breach of requirement of order
Duty to give warning or refer matter to enforcement officer
6 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a community order.
(2) If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any requirement of the order, the officer must refer the matter to an enforcement officer.
(3) Otherwise the officer must either—
(a) give the offender a warning under this paragraph, or
(b) refer the matter to an enforcement officer.
(4) A warning under this paragraph must—
(a) describe the circumstances of the breach,
(b) state that the breach is unacceptable, and
(c) inform the offender that if the offender again breaches a requirement of the order within the period of 12 months beginning with the date on which the warning was given, the offender will be liable to be brought before a court.
(5) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.
Role of enforcement officer
7 Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—
(a) consider the case, and
(b) where appropriate, cause an information to be laid in respect of the offender's breach of requirement—
(i) in the case of a community order subject to magistrates' court supervision, before a justice of the peace;
(ii) in the case of a Crown Court community order, before the Crown Court.
Issue of summons or warrant by justice of the peace
8 (1) This paragraph applies where—
(a) a community order subject to magistrates' court supervision is in force, and
(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.
(2) The justice may—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—
(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, before that court, ...
(aa) in the case of a community order that qualifies for special procedures for the purposes of section 217A, before the court that made the order, or
(b) in any other case, before a magistrates' court acting in—
(i) the local justice area in which the offender resides, or
(ii) if it is not known where the offender resides, the offender's home local justice area.
(4) Where—
(a) a summons is issued under this paragraph requiring the offender to appear before a magistrates' court, and
(b) the offender does not appear in answer to the summons,
the magistrates' court may issue a warrant for the arrest of the offender.
Issue of summons or warrant by Crown Court
9 (1) This paragraph applies where—
(a) a Crown Court community order is in force, and
(b) it appears on information to the Crown Court that the offender has breached a requirement of the order.
(2) The Crown Court may—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.
(4) Where—
(a) a summons is issued under this paragraph, and
(b) the offender does not appear in answer to the summons,
the Crown Court may issue a warrant for the arrest of the offender.
Issue of summons or warrant after review hearing
9A (1) This paragraph applies where—
(a) a community order is in force,
(b) on a review hearing under section 217B a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community order requirement of the order, and
(c) the court does not deal with the case forthwith by virtue of section 217B(5).
(2) The court may at any time—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) issue a warrant for the offender’s arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
(4) Where—
(a) a summons is issued under this paragraph, and
(b) the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.
Powers of magistrates' court
10 (1) This paragraph applies where—
(a) an offender appears or is brought before a magistrates' court under paragraph 8 or 9A or by virtue of section 217B(5), and
(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the community order without reasonable excuse.
(2) The court must deal with the case under sub-paragraph (5).
(3) But if the community order was made by the Crown Court, the court may instead—
(a) commit the offender to custody, or
(b) release the offender on bail,
until the offender can be brought or appear before the Crown Court.
(4) If the court deals with the offender's case under sub-paragraph (3), it must send the Crown Court—
(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.
(5) Where the court deals with the case under this sub-paragraph, it must deal with the offender in respect of the breach in any one of the following ways—
(a) by ordering the offender to pay a fine not exceeding £2,500;
(b) by amending the terms of the community order so as to impose more onerous requirements which the court could include if it had just convicted the offender of the offence in respect of which the order was made and were then making the order;
(ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
(c) if the community order was made by a magistrates' court, by re-sentencing the offender for the offence in respect of which the order was made.
(6) Where the court deals with the case under sub-paragraph (5), the criminal courts charge duty (see section 46) applies to the court.
(7) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the community order.
(8) A fine imposed under sub-paragraph (5)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
(9) Where—
(a) the offender has wilfully and persistently breached the requirements of the community order, and
(b) the court is dealing with the offender under sub-paragraph (5)(c),
the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).
(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the community order if it is still in force.
(11) A person sentenced under sub-paragraph (5)(c) for an offence may appeal to the Crown Court against—
(a) the sentence, and
(b) a criminal courts charge order made when imposing that sentence.
Powers of Crown Court
11 (1) This paragraph applies where—
(a) an offender appears or is brought before the Crown Court under paragraph 9 or 9A or by virtue of paragraph 10(3) or section 217B(5), and
(b) it is proved to the satisfaction of that court that the offender has breached a requirement of the community order without reasonable excuse.
(2) The Crown Court must deal with the offender in respect of the breach in any one of the following ways—
(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;
(b) by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could include if the offender had just been convicted of the offence in respect of which the order was made and it were then making the order;
(ba) if the community order qualifies for special procedures for the purposes of this paragraph, by ordering the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
(c) by re-sentencing the offender for the offence in respect of which the order was made.
(3) Where the court deals with the case under sub-paragraph (2), the criminal courts charge duty (see section 46) applies to the court.
(4) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.
(5) A fine imposed under sub-paragraph (2)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
(6) Where—
(a) the offender has wilfully and persistently breached the requirements of the community order, and
(b) the court is dealing with the offender under sub-paragraph (2)(c),
the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).
(7) Where the Crown Court deals with the offender under sub-paragraph (2)(c), it must revoke the community order if it is still in force.
(8) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the community order is to be determined by the court and not by the verdict of a jury.
Treatment requirement: reasonable refusal to undergo treatment
12 (1) Sub-paragraph (2) applies where the offender—
(a) is required by a treatment requirement of the community order to submit to treatment, and
(b) has refused to undergo any surgical, electrical or other treatment.
(2) The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision
13 (1) In dealing with an offender under paragraph 10(5)(b) or 11(2)(b), the court may—
(a) extend the duration of particular requirements, subject to any limit imposed by Schedule 9;
(b) substitute a later date for the end date.
(2) A date substituted under sub-paragraph (1)(b)—
(a) must not be more than 6 months after the end date;
(b) subject to that, may be more than 3 years after the date of the order.
(3) Once the power in sub-paragraph (1)(b) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.
(4) Where—
(a) a community order does not contain an unpaid work requirement, and
(b) in dealing with the offender under paragraph 10(5)(b) or 11(2)(b), the court imposes an unpaid work requirement,
the number of hours for which the offender may be required to work under the requirement (see paragraph 2(1) of Schedule 9) must not, in aggregate, be less than 20.
(5) Paragraphs 10(5)(b) and 11(2)(b) (power to impose more onerous requirements) have effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.
Power under paragraphs 10 and 11 to commit to prison: further provision
13A (1) In the case of a person under the age of 21—
(a) an order under paragraph 10(5)(ba) or 11(2)(ba) must be for committal to a young offender institution instead of to prison, but
(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
(2) A person committed to prison or a young offender institution by an order under paragraph 10(5)(ba) or 11(2)(ba) is to be regarded as being in legal custody.
(3) No more than three orders under paragraph 10(5)(ba) or 11(2)(ba) may be made in relation to the same community order.
PART 3 Revocation of order with or without re-sentencing
Community order subject to magistrates' court supervision
14 (1) This paragraph applies where a community order subject to magistrates' court supervision is in force, and
(a) the offender, or
(b) an officer of a provider of probation services,
applies to the appropriate magistrates' court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.
(2) In this paragraph “the appropriate magistrates' court” means—
(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, that court, ...
(aa) if the community order qualifies for special procedures for the purposes of section 217A, the court that made the order, and
(b) in any other case, a magistrates' court acting in the offender's home local justice area.
(3) No application may be made under this paragraph while an appeal against the community order is pending.
(4) Unless the application was made by the offender, the appropriate magistrates' court—
(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and
(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
(5) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—
(a) revoke the community order, or
(b) both—
(i) revoke the community order, and
(ii) re-sentence the offender for the offence in respect of which the order was made.
(6) The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender's—
(a) making good progress, or
(b) responding satisfactorily to supervision or treatment (as the case requires).
(7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.
Crown Court community order
15 (1) This paragraph applies where a Crown Court community order is in force and—
(a) the offender, or
(b) an officer of a provider of probation services,
applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.
(2) No application may be made under this paragraph while an appeal against the community order is pending.
(3) Unless the application was made by the offender, the Crown Court—
(a) must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and
(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.
(4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—
(a) revoke the order, or
(b) both—
(i) revoke the order, and
(ii) re-sentence the offender for the offence in respect of which the order was made.
(5) The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender's—
(a) making good progress, or
(b) responding satisfactorily to supervision or treatment (as the case requires).
(6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.
Part 3A Termination of order
15A (1) This paragraph applies if—
(a) a community order is in force,
(b) the order does not contain provision for review within the meaning of section 217A (review of community order qualifying for special procedures),
(c) in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,
(d) in a case where the order imposes one or more other community order requirements listed in section 201 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and
(e) in a case where a sentence plan has been prepared for the offender, the responsible officer—
(i) considers that the offender has met the objectives set out in the plan, and
(ii) does not consider that it is necessary to add to those objectives.
(2) The community order terminates on the date specified by the responsible officer to the offender.
(3) In this paragraph “sentence plan”, in relation to an offender to whom a community order relates, means a plan prepared by the responsible officer which sets out—
(a) the community order requirements imposed by the order,
(b) any objectives to be met by the offender for the purposes of the order, and
(c) how the offender—
(i) will comply with those requirements, and
(ii) will meet any such objectives.
(4) If section 38 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.
PART 4 Amendment of order
Amendment because of change of residence
16 (1) This paragraph applies where at any time while a community order is in force—
(a) the offender is given permission under section 216 to change residence, and
(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.
(2) If the permission is given by a court, the court must amend the order to specify the new local justice area as the offender's home local justice area.
(3) If the permission is given by the responsible officer—
(a) the officer must give notice to the appropriate court of the permission, and
(b) the court must amend the order as set out in sub-paragraph (2).
17 (1) This paragraph applies where at any time while a community order is in force—
(a) a court amends the order,
(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and
(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.
(2) The court must amend the order to specify the new local justice area as the offender's home local justice area.
Amendment because of variation of curfew requirement by responsible officer
17A (1) This paragraph applies where at any time the responsible officer gives—
(a) a copy of a variation notice in relation to a community order, and
(b) evidence of the offender’s consent to the notice,
to the appropriate court under paragraph 10A of Schedule 9.
(2) The appropriate court must amend the order to reflect the effect of the variation notice.
Amendment of requirements of community order
18 (1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend a community order—
(a) by cancelling any of the requirements of the order, or
(b) by replacing any of those requirements with a requirement of the same kind which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.
(2) For the purposes of sub-paragraph (1)(b)—
(a) requirements are of the same kind if they fall within the same entry in column 1 of the table in section 201, and
(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.
(3) No application may be made under this paragraph while an appeal against the community order is pending, other than an application which—
(a) relates to a treatment requirement, and
(b) is made by an officer of a provider of probation services with the offender's consent.
(4) Before exercising its powers under this paragraph, the court must summon the offender to appear before it, unless—
(a) the application was made by the offender, or
(b) the court would exercise the powers only to—
(i) cancel a requirement of the community order,
(ii) replace any such requirement with one of a shorter duration, or
(iii) substitute a new place for one specified in the order.
(5) If the offender fails to appear in answer to a summons under sub-paragraph (4) the court may issue a warrant for the offender's arrest.
(6) Sub-paragraph (1)(b) has effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.
(7) The court may not under this paragraph amend a treatment requirement unless the offender expresses willingness to comply with the requirement as amended.
(8) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—
(a) revoke the community order, and
(b) re-sentence the offender for the offence in respect of which the order was made.
(9) If the court deals with the offender under sub-paragraph (8)(b), it—
(a) must take into account the extent to which the offender has complied with the requirements of the order, and
(b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).
Amendment of treatment requirement on report of practitioner
19 (1) This paragraph applies where an offender is being treated in pursuance of a treatment requirement and the treatment practitioner—
(a) is of the opinion that—
(i) the treatment of the offender should be continued beyond the period specified in the order,
(ii) the offender needs different treatment,
(iii) the offender is not susceptible to treatment, or
(iv) the offender does not require further treatment, or
(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.
(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.
(3) The responsible officer must cause an application to be made under paragraph 18 to the appropriate court for the replacement or cancellation of the requirement.
(4) In this paragraph, “the treatment practitioner”, in relation to a treatment requirement, means—
(a) the medical practitioner or other person specified in the community order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or
(b) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.
Extension of order
20 (1) The appropriate court may, on the application of—
(a) the offender, or
(b) an officer of a provider of probation services,
amend a community order by substituting a later date for the end date.
(2) Unless the application was made by the offender, the court—
(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and
(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.
(3) A date substituted under sub-paragraph (1)—
(a) must not be more than 6 months after the end date;
(b) subject to that, may be more than 3 years after the date of the order.
(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.
(5) No application may be made under this paragraph while an appeal against the community order is pending.
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PART 5 Conviction of further offence
Powers of magistrates' court following subsequent conviction
22 Paragraphs 23 and 24 apply where—
(a) a community order (“the existing community order”) is in force in respect of an offender, and
(b) the offender is convicted of an offence by a magistrates' court (“the present court”).
23 (1) This paragraph applies if the existing community order was made by a magistrates' court.
(2) If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—
(a) revoke the community order, or
(b) both—
(i) revoke the community order, and
(ii) re-sentence the offender for the offence in respect of which the order was made.
(3) Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.
(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.
(5) If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.
24 (1) This paragraph applies if the existing community order was made by the Crown Court.
(2) The present court may—
(a) commit the offender to custody, or
(b) release the offender on bail,
until the offender can be brought before the Crown Court.
(3) Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.
(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.
(5) Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.
Powers of Crown Court following subsequent conviction
25 (1) This paragraph applies where a community order is in force in respect of an offender, and the offender—
(a) is convicted of an offence by the Crown Court, or
(b) is brought or appears before the Crown Court—
(i) by virtue of paragraph 24, or
(ii) having been committed by a magistrates' court to the Crown Court for sentence.
(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the community order was made, the Crown Court may—
(a) revoke the order, or
(b) both—
(i) revoke the order, and
(ii) re-sentence the offender for the offence in respect of which the order was made.
(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.
(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.
(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.
PART 6 Supplementary
Adjournment of hearing
26 (1) This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule.
(2) The court may adjourn the hearing, and, where it does so, may—
(a) direct that the offender be released forthwith, or
(b) remand the offender.
(3) Where the court remands the offender under sub-paragraph (2)—
(a) it must fix the time and place at which the hearing is to be resumed, and
(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.
(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—
(a) it may fix the time and place at which the hearing is to be resumed, but
(b) if it does not do so, it must not resume the hearing unless it is satisfied that—
(i) the offender, and
(ii) any officer of a provider of probation services who the court considers has an interest in the proceedings,
have had adequate notice of the time and place for the resumed hearing.
(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.
(6) This paragraph—
(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but
(b) is not to be taken to affect the application of that section to hearings of any other description.
Provision of copies of orders etc
27 (1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a community order.
(2) The court must provide copies of the revoking or amending order to—
(a) the offender, and
(b) the responsible officer.
(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—
(a) a provider of probation services that is a public sector provider operating in that area, and
(b) the magistrates' court acting in that area.
(4) In case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.
The requirement | The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected
A residence requirement relating to residence in an institution | The person in charge of the institution
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the revocation or amendment (the “former home area”), the court must provide a copy of the revoking or amending order to a magistrates' court acting in the former home area.
(6) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
(7) In this paragraph, “public sector provider” means—
(a) a probation trust or other public body, or
(b) the Secretary of State.
SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland
Section 219
PART 1 Scotland
Making of community order where offender will reside in Scotland
1 (1) This paragraph applies where—
(a) a community order is available to a court dealing with an offender, and
(b) the court is satisfied that the offender—
(i) resides in Scotland, or
(ii) if a community order is made, will reside there when the order comes into force.
(2) The court may make a community order only if—
(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and
(b) the order will satisfy paragraphs 4 and 5.
Amendment of community order where offender will reside in Scotland
2 (1) This paragraph applies where—
(a) a community order is in force,
(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—
(i) resides in Scotland, or
(ii) proposes to reside there, and
(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—
(a) the order to be complied with in Scotland, and
(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.
Requirements: availability and restrictions
3 Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.
4 The order must not impose—
(a) an alcohol abstinence and monitoring requirement,
(b) an attendance centre requirement, or
(c) an electronic whereabouts monitoring requirement.
5 (1) The order must not impose a locally based requirement unless it appears to the court that—
(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and
(b) provision can be made for the offender to comply with the requirement under those arrangements.
(2) For the purposes of this paragraph, “locally based requirement” means any of the following—
(a) an unpaid work requirement;
(b) a probation requirement;
(c) a programme requirement;
(d) a mental health treatment requirement;
(e) a drug rehabilitation requirement;
(f) an alcohol treatment requirement;
(g) an electronic compliance monitoring requirement.
Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule
6 Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—
(a) any reference to the responsible officer were a reference to the local authority officer concerned;
(b) the following provisions were omitted—
(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
(ii) paragraph 31(2) (responsible person to be of prescribed description);
(iii) paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);
(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—
“in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;
.
PART 2 Northern Ireland
Making of community order where offender will reside in Northern Ireland
7 (1) This paragraph applies where—
(a) a community order is available to a court dealing with an offender, and
(b) the court is satisfied that the offender—
(i) resides in Northern Ireland, or
(ii) if a community order is made, will reside there when the order comes into force.
(2) The court may make a community order only if—
(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and
(b) paragraphs 10 to 12 will be satisfied in relation to the order.
Amendment of community order where offender will reside in Northern Ireland
8 (1) This paragraph applies where—
(a) a community order is in force,
(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—
(i) resides in Northern Ireland, or
(ii) proposes to reside there, and
(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—
(a) the order to be complied with in Northern Ireland, and
(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.
Requirements: availability and restrictions
9 Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.
10 The order must not impose an alcohol abstinence and monitoring requirement.
11 The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—
(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
12 (1) The order must not impose a locally based requirement unless it appears to the court that—
(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and
(b) provision can be made for the offender to comply with the requirement under those arrangements.
(2) For the purposes of this paragraph, “locally based requirement” means any of the following—
(a) an unpaid work requirement;
(b) a probation requirement;
(c) a programme requirement;
(d) a mental health treatment requirement;
(e) a drug rehabilitation requirement;
(f) an alcohol treatment requirement;
(g) an attendance centre requirement , where such a requirement is available (see section 207(3));
(h) an electronic compliance monitoring requirement , where such a requirement is available (see section 207(4)).
Further provision where offender resides or will reside in Northern Ireland
13 Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—
(a) any reference to the responsible officer were a reference to the probation officer concerned;
(b) the following provisions were omitted—
(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
(ii) paragraph 31(2) (responsible person to be of prescribed description);
(iii) paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);
(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—
“in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));
;
(d) in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
PART 3 Making or amendment of order in accordance with Part 1 or 2 of this Schedule
Application
14 This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.
Explanation to be given by court before order is made or amended
15 Before making or amending the community order, the court must explain to the offender in ordinary language—
(a) the effect of paragraph 20 (order to be treated as corresponding order),
(b) the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),
(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and
(d) its own powers in relation to the community order (see Part 4 of this Schedule).
Matters to be specified in the order
16 (1) The community order must specify—
(a) the locality in Scotland in which the offender resides or will be residing at the relevant time, or
(b) that the offender resides in Northern Ireland or will be residing there at the relevant time.
(2) Sub-paragraph (1) has effect in place of section 210 (offender's home local justice area to be specified).
(3) The community order must specify an order as the corresponding order for the purposes of this Schedule.
(4) The corresponding order must be an order that may be made—
(a) in the case of a Scottish community order, by a court in Scotland;
(b) in the case of a Northern Ireland community order, by a court in Northern Ireland.
(5) A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.
(6) That court—
(a) must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and
(b) must, in the case of an offender convicted on indictment, be the sheriff court.
Provision of copies
17 (1) The court which makes or amends the community order must—
(a) forthwith provide the offender with a copy of the order as made or amended, and
(b) provide the home court with—
(i) a copy of the order as made or amended, and
(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.
(2) Where the court—
(a) makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or
(b) amends a community order so as to impose or amend such a requirement,
it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.
(3) The table is—
The requirement | The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected
A residence requirement relating to residence in an institution | The person in charge of the institution
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
(4) This paragraph has effect in place of section 212 (provision of copies of relevant orders).
PART 4 Effect of order made or amended in accordance with Part 1 or 2 of this Schedule
Application
18 This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.
Duty to keep in touch with responsible officer
19 (1) The offender must keep in touch—
(a) with the local authority officer concerned, in the case of a Scottish community order, or
(b) with the probation officer concerned, in the case of a Northern Ireland community order,
in accordance with such instructions as the officer may give the offender from time to time.
(2) That obligation is enforceable as if it were a requirement imposed by the community order.
(3) This paragraph has effect in place of section 215.
Order to be treated as corresponding order in certain circumstances
20 (1) The community order is to be treated as if it were a corresponding order.
(2) The relevant home legislation applies accordingly.
(3) In this Schedule, “relevant home legislation”—
(a) in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;
(b) in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.
(4) This paragraph is subject to the following provisions of this Part of this Schedule.
Exercise by home court of powers relating to corresponding orders
21 (1) The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions.
(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.
(3) The home court may not discharge or revoke the order.
(4) But that does not prevent the home court from exercising a power to revoke the order where—
(a) the offender has been convicted of a further offence, and
(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).
(5) The home court may not deal with the offender for the offence in respect of which the community order was made.
(6) If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.
(7) If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.
(8) For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—
(a) the court which made the order is now making the community order, and
(b) the offender has just been convicted by or before it of the offence in respect of which the community order was made.
Power of home court to require offender to appear before court in England and Wales
22 (1) Where the home court is of the opinion that—
(a) the offender has breached any of the requirements of the order, or
(b) it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,
the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.
(2) The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—
(a) on information from the local authority officer concerned, if the home court is in Scotland, or
(b) upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.
(3) The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—
(a) of the offender, or
(b) of—
(i) the local authority officer concerned, if the home court is in Scotland;
(ii) the probation officer concerned, if the home court is in Northern Ireland.
Home court to certify breach of requirement
23 (1) Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales—
(a) a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and
(b) such other particulars of the case as may be desirable.
(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.
Powers of court in England and Wales where offender required to appear under paragraph 22
24 (1) This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales.
(2) The court in England and Wales may issue a warrant for the offender's arrest.
(3) The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.
This is subject to paragraphs 25 and 26.
(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—
(a) the local authority officer concerned, in the case of a Scottish community order;
(b) the probation officer concerned, in the case of a Northern Ireland community order.
25 (1) This paragraph applies where—
(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and
(b) the offender resides in Scotland.
(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
(3) The court may not impose—
(a) an alcohol abstinence and monitoring requirement,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or
(c) an electronic whereabouts monitoring requirement;
(4) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—
(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and
(b) provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.
(5) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—
(a) paragraph 6;
(b) paragraphs 14 to 23.
26 (1) This paragraph applies where—
(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and
(b) the offender resides in Northern Ireland.
(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
(3) The court may not impose an alcohol abstinence and monitoring requirement.
(4) The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—
(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
(5) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—
(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and
(b) provision can be made for the offender to comply with the requirement under those arrangements.
For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.
(6) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—
(a) paragraph 13;
(b) paragraphs 14 to 23.
PART 5 Interpretation
27 In this Schedule—
“breach”, in relation to a requirement, means a failure to comply with it, and related expressions are to be read accordingly;
“corresponding order”, in relation to a community order, means the order specified under paragraph 16(3);
“home court” means—
if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and
if the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;
“the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 responsible for—
the offender's supervision, and
discharging in relation to the offender the functions of the responsible officer under sections 227A to 227ZK of the Criminal Procedure (Scotland) Act 1995;
“the local council in Scotland” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing at the relevant time;
“Northern Ireland community order” means a community order made or amended in accordance with Part 2 of this Schedule;
“the probation officer concerned”, in relation to an offender, means the probation officer responsible for—
the offender's supervision, or
as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));
“relevant home legislation” has the meaning given by paragraph 20(3);
“the relevant time”, in relation to the making or amendment of an order in accordance with Part 1, 2 or 4 of this Schedule, means the time when the order or the amendment to it comes into force;
“Scottish community order” means a community order made or amended in accordance with Part 1 of this Schedule.
SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences
Section 243
Interpretation
1 In this Schedule—
“breach”, in relation to a supervision requirement, means a failure to comply with it, and related expressions are to be read accordingly;
“supervision requirement” means a requirement with which an offender must comply under—
section 242(4)(b), or
paragraph 4(4)(b);
“further detention order” means an order under paragraph 3(2)(a);
“further supervision order” means an order under paragraph 3(2)(b).
Breach of supervision requirement: issue of summons or warrant by justice of the peace
2 (1) Sub-paragraph (2) applies where—
(a) a detention and training order, or a further supervision order, is in force in respect of an offender, and
(b) it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.
(2) The justice—
(a) may issue a summons requiring the offender to appear at the place and time specified in the summons, or
(b) if the information is in writing and on oath, may issue a warrant for the offender's arrest.
(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—
(a) before a youth court acting for the local justice area in which the offender resides, or
(b) if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.
Power of youth court to deal with offender for breach of supervision requirement
3 (1) Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order.
(2) The court may—
(a) order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,
(b) order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or
(c) impose on the offender a fine not exceeding level 3 on the standard scale.
(3) The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—
(a) 3 months, and
(b) the period between—
(i) the date of the offender's breach, and
(ii) the last day of the term of the relevant order.
(4) For the purposes of sub-paragraph (3), a breach that is found to have occurred—
(a) over 2 or more days, or
(b) at some time during a period of 2 or more days,
is to be taken to have occurred on the first of those days.
(5) A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.
(6) A period of detention or supervision ordered under sub-paragraph (2)—
(a) begins with the day on which the order is made, and
(b) may overlap to any extent with the period of supervision under the relevant order.
This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).
(7) An offender detained under a further detention order is deemed to be in legal custody.
(8) Detention under a further detention order is—
(a) if the offender has reached the age of 21, to be in prison,
(b) otherwise, to be in such youth detention accommodation as the Secretary of State may determine.
(9) Where—
(a) the offender is aged under 18, and
(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),
section 380 (order for payment by parent or guardian) applies to the fine.
(10) A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.
(11) An offender may appeal to the Crown Court against any order made under sub-paragraph (2).
(12) In this paragraph—
(a) “relevant order” means—
(i) a detention and training order, or
(ii) a further supervision order;
(b) any reference to the term of a relevant order is—
(i) in the case of a detention and training order, to the term of the order, and
(ii) in the case of a further supervision order, to the period of supervision imposed by the order.
Supervision where order made under paragraph 3(2)(b)
4 (1) This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order.
(2) During that period of supervision, the offender—
(a) is to be under the supervision of—
(i) an officer of a provider of probation services, or
(ii) a member of a youth offending team, and
(b) may be required to comply with particular requirements.
(3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.
(4) The offender must be notified by the Secretary of State of—
(a) the category of person responsible for the offender's supervision, and
(b) any requirements with which the offender must comply.
(5) A notice under sub-paragraph (4) must be given to the offender—
(a) as soon as reasonably practicable after the further supervision order is made, and
(b) before any change in the matters mentioned in that sub-paragraph.
(6) Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.
(7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.
Interaction of further detention order with other detention and training orders
5 (1) Where—
(a) a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and
(b) the offender—
(i) is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and
(ii) has not at any time been released for supervision under that other order,
the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).
(2) Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—
(a) a relevant detention and training order (see section 248(3)), and
(b) a further detention order,
the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.
(3) Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.
Interaction of further detention order with other custodial sentences
6 (1) The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where—
(a) an offender who is subject to a further detention order becomes subject to a custodial sentence, or
(b) an offender who is subject to a custodial sentence becomes subject to a further detention order.
(2) The provision that may be made by regulations under this paragraph includes—
(a) provision as to the time at which the further detention order or the custodial sentence is to take effect;
(b) provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;
(c) provision about the effect of enactments relating to the person's release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.
(3) In this paragraph—
“custodial sentence” includes—
a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and
a pre-Code custodial sentence (see section 222(4));
“further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.
(4) Regulations under this paragraph are subject to the negative resolution procedure.
Offence after release for supervision or during further supervision period
7 (1) This paragraph applies where an offender commits an imprisonable offence (“the new offence”)—
(a) after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or
(b) during a period of supervision under a further supervision order.
(2) The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).
(3) That period is the period which—
(a) begins with the date of the order under sub-paragraph (2), and
(b) is equal in length to the period between—
(i) the date on which the new offence was committed, and
(ii) the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.
(4) A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.
(5) Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.
(6) The period for which an offender is ordered under sub-paragraph (2) to be detained—
(a) must, as the court may direct—
(i) be served before and be followed by, or
(ii) be served concurrently with,
any sentence imposed for the new offence, and
(b) in either case, is to be disregarded in determining the appropriate length of that sentence.
(7) Where the new offence is found to have been committed—
(a) over a period of 2 or more days, or
(b) at some time during a period of 2 or more days,
it is be taken for the purposes of this paragraph to have been committed on the last of those days.
(8) A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.
SCHEDULE 13 Special sentence for offenders of particular concern: offences
Sections 252A, 265 and 278
PART 1 Offences involving or connected with terrorism
Terrorism Act 2000
1 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 11 (membership of a proscribed organisation);
(b) section 12 (inviting or expressing support for a proscribed organisation);
(c) section 15 (fund-raising);
(d) section 16 (use of money or property for terrorist purposes);
(e) section 17 (involvement in terrorist funding arrangements);
(f) section 17A (insuring payments made in response to terrorist threats);
(g) section 18 (laundering of terrorist property);
(h) section 19 (failure to disclose professional belief or suspicion about terrorist offences);
(i) section 21A (failure in regulated sectors to disclose knowledge or suspicion about terrorist offences);
(j) section 38B (failure to disclose information about acts of terrorism);
(k) section 39 (disclosure of information prejudicial to a terrorist investigation etc);
(l) section 54 (weapons training);
(m) section 56 (directing terrorist organisation);
(n) section 57 (possession of article for terrorist purposes);
(o) section 58 (collection of information likely to be of use to a terrorist);
(p) section 58A (publishing information about members of the armed forces etc);
(q) section 58B (entering or remaining in a designated area);
(r) section 59 (inciting terrorism overseas).
Anti-terrorism, Crime and Security Act 2001
2 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
Terrorism Act 2006
3 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 1 (encouragement of terrorism);
(b) section 2 (dissemination of terrorist publications);
(c) section 5 (preparation of terrorist acts);
(d) section 6 (training for terrorism);
(e) section 8 (attendance at a place used for terrorist training);
(f) section 9 (making or possession of radioactive device or material);
(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);
(h) section 11 (terrorist threats relating to radioactive devices etc).
Counter-Terrorism Act 2008
4 An offence under any of the following provisions of the Counter-Terrorism Act 2008—
(a) section 54 (breach of police notification requirements etc);
(b) paragraph 15 of Schedule 5 (breach of foreign travel restriction order).
Terrorism Prevention and Investigation Measures 2011
5 An offence under section 23 of the Terrorism Prevention and Investigation Measures Act 2011 (breach of notices imposing terrorism prevention and investigation measures).
Counter-Terrorism and Security Act 2015
6 An offence under section 10 of the Counter-Terrorism and Security Act 2015 (breach of temporary exclusion order).
Inchoate offences
7 An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Abolished offences
8 (1) An abolished offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
(2) “Abolished offence”, in relation to an offence (“the current offence”), means an offence that—
(a) was abolished before the relevant date, and
(b) would, if committed on the day on which the offender is or was convicted, have constituted the current offence.
(3) The relevant date is 13 April 2015, unless sub-paragraph (4) or (5) applies.
(4) If the current offence is within—
(a) sub-paragraph (a), (b), (o), (p) or (q) of paragraph 1,
(b) sub-paragraph (a), (b) or (e) of paragraph 3, or
(c) paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),
the relevant date is 12 April 2019.
(5) If the current offence is within—
(a) sub-paragraphs (c) to (k) of paragraph 1,
(b) paragraph 4, 5 or 6, or
(c) paragraph 7 by virtue of any provision referred to in paragraph (a) or (b),
the relevant date is the date on which section 21 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Offences connection with terrorism
9 An offence, other than one for which the sentence is fixed by law as life imprisonment, which is determined to have a terrorist connection under section 69.
PART 2 Sexual offences
Sexual Offences Act 2003
10 An offence under either of the following provisions of the Sexual Offences Act 2003—
(a) section 5 (rape of a child under 13);
(b) section 6 (assault of a child under 13 by penetration).
Inchoate offences
11 An inchoate offence in relation to an offence specified paragraph 10.
Abolished offences
12 (1) An abolished offence in relation to an offence specified in either of the preceding paragraphs of this Part of this Schedule.
(2) “Abolished offence”, in relation to an offence (“the current offence”), means an offence that—
(a) was abolished before 13 April 2015, and
(b) would, if committed on the day on which the offender is or was convicted, have constituted the current offence.
Part 3 Offences involving or connected with a threat to national security
Official Secrets Act 1911
13 An offence under section 1 of the Official Secrets Act 1911 (spying).
Official Secrets Act 1920
14 An offence under section 7 of the Official Secrets Act 1920 (attempting or inciting etc an offence under the Official Secrets Acts 1911 and 1920) where the offence which the person attempts to commit, solicits or incites or endeavours to persuade another person to commit, or aids or abets and does any act preparatory to the commission of, is an offence under section 1 of the Official Secrets Act 1911.
National Security Act 2023
15 An offence under any of the following provisions of the National Security Act 2023—
(a) section 1 (obtaining or disclosing protected information);
(b) section 2 (obtaining or disclosing trade secrets);
(c) section 3 (assisting a foreign intelligence service);
(d) section 4 (entering etc a prohibited place for a purpose prejudicial to the UK);
(e) section 12 (sabotage);
(f) section 13 (foreign interference);
(g) section 17 (obtaining etc material benefits from a foreign intelligence service);
(ga) section 17A (supporting a designated body);
(gb) section 17B (assisting a designated body);
(gc) section 17C (obtaining etc material benefits from a designated body);
(h) section 18 (preparatory conduct);
(i) section 56 (offences relating to Part 2 notices);
(j) section 65 (requirement to register foreign activity arrangements);
(k) section 67 (carrying out etc relevant activities pursuant to unregistered foreign activity arrangement);
(l) section 68 (failure to register relevant activities of specified persons);
(m) section 74(8) committed in relation to a foreign activity arrangement registered under section 65 or a relevant activity registered under section 68 (failure to comply with registration information requirements);
(n) section 75(8) committed in relation to an information notice given under section 75(1) (failure to comply with information notice);
(o) section 77(1) or (2) (provision of false information);
(p) section 78(1) (carrying out activities under foreign activity arrangement tainted by false information).
Certain electoral offences where foreign power condition met
16 An offence—
(a) to which subsection (1)(a) of section 16 of the National Security Act 2023 applies (relevant electoral offences committed on or after specified day), and
(b) in relation to which it is determined for the purposes of subsection (1)(b) of that section that the foreign power condition is met,
other than an offence under section 89A(4) or (5) of the Political Parties, Elections and Referendums Act 2000.
Inchoate offences
17 An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Certain other offences where foreign power condition met
18 An offence, other than one for which the sentence is fixed by law as life imprisonment—
(a) which is punishable on indictment with imprisonment for more than 2 years, and
(b) where it is determined under section 69A that the foreign power condition is met in relation to the conduct that constitutes the offence.
SCHEDULE 14 Extended sentences: the earlier offence condition: offences
Sections 267 and 280
PART 1 Offences under the law of England and Wales
The following offences to the extent that they are offences under the law of England and Wales—
Manslaughter
1 Manslaughter.
Offences against the Person Act 1861
2 An offence under any of the following sections of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder);
(b) section 18 (wounding with intent to cause grievous bodily harm);
(c) section 28 (causing bodily injury by explosives);
(d) section 29 (using explosives etc with intent to do grievous bodily harm).
Explosive Substances Act 1883
3 An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property);
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
(c) section 4 (making or possession of explosive under suspicious circumstances).
Firearms Act 1968
4 An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of a firearm with intent to endanger life);
(b) section 17(1) (use of a firearm to resist arrest);
(c) section 18 (carrying a firearm with criminal intent).
Theft Act 1968
5 An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.
Protection of Children Act 1978
6 An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).
Terrorism Act 2000
7 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 54 (weapons training);
(b) section 56 (directing terrorist organisation);
(c) section 57 (possession of article for terrorist purposes);
(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life.
Anti-terrorism Crime and Security Act 2001
8 An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas);
(c) section 113 (use of noxious substance or thing to cause harm or intimidate).
Sexual Offences Act 2003
9 An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—
Provision of the Sexual Offences Act 2003 | Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent) | The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 7 (sexual assault of a child under 13)
(g) Section 8 (causing or inciting a child under 13 to engage in sexual activity)
(h) Section 9 (sexual activity with a child)
(i) Section 10 (causing or inciting a child to engage in sexual activity)
(j) Section 11 (engaging in sexual activity in the presence of a child)
(k) Section 12 (causing a child to watch a sexual act)
(l) Section 14 (arranging or facilitating commission of a child sex offence)
(m) Section 15 (meeting a child following sexual grooming etc)
(n) Section 25 (sexual activity with a child family member) | The offender is aged 18 or over at the time of the offence
(o) Section 26 (inciting a child family member to engage in sexual activity) | The offender is aged 18 or over at the time of the offence
(p) Section 30 (sexual activity with a person with a mental disorder impeding choice) | The offender is liable on conviction on indictment to imprisonment for life
(q) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) | The offender is liable on conviction on indictment to imprisonment for life
(r) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) | The offender is liable on conviction on indictment to imprisonment for life
(s) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) | The offender is liable on conviction on indictment to imprisonment for life
(t) Section 47 (paying for sexual services of a child) | The offence is against a person aged under 16
(u) Section 48 (causing or inciting sexual exploitation of a child)
(v) Section 49 (controlling a child in relation to sexual exploitation)
(w) Section 50 (arranging or facilitating sexual exploitation of a child)
(x) Section 62 (committing an offence with intent to commit a sexual offence) | The offender is liable on conviction on indictment to imprisonment for life.
Domestic Violence, Crime and Victims Act 2004
10 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).
Terrorism Act 2006
11 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 5 (preparation of terrorist acts);
(b) section 6 (training for terrorism);
(c) section 9 (making or possession of radioactive device or materials);
(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities);
(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities).
Modern Slavery Act 2015
12 An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour);
(b) section 2 (human trafficking).
Murder
13 Murder.
Inchoate offences
14 An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
Abolished offences
15 Any offence that—
(a) was abolished (with or without savings) before 3 December 2012, and
(b) would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.
PART 2 Offences under service law
16 An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.
17 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule.
(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.
PART 3 Offences under the law of Scotland or Northern Ireland
18 A civilian offence for which the person was convicted in Scotland or Northern Ireland 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.
19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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.
PART 4 Interpretation
21 In this Schedule “imprisonment for life” includes custody for life and detention for life.
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.
SCHEDULE 15 Life sentence for second offence: listed offences
Sections 273 and 283
PART 1 Offences under the law of England and Wales
The following offences to the extent that they are offences under the law of England and Wales—
Offence | Specified date
Manslaughter
1 | Manslaughter | 3 December 2012
Offences against the Person Act 1861
2 | An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder) | 3 December 2012
(b) section 18 (wounding with intent to cause grievous bodily harm) | 3 December 2012
(c) section 28 (causing bodily injury by explosives) | 13 April 2015
(d) section 29 (using explosives etc with intent to do grievous bodily harm) | 13 April 2015
Explosive Substances Act 1883
3 | An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property) | 13 April 2015
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property) | 13 April 2015
(c) section 4 (making or possession of explosive under suspicious circumstances) | 13 April 2015
Firearms Act 1968
4 | An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of a firearm with intent to endanger life) | 3 December 2012
(b) section 17(1) (use of a firearm to resist arrest) | 3 December 2012
(c) section 18 (carrying a firearm with criminal intent) | 3 December 2012
Theft Act 1968
5 | An offence of robbery under section 8 of the Theft Act 1968 (robbery) where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968 | 3 December 2012
Protection of Children Act 1978
6 | An offence under section 1 of the Protection of Children Act 1978 (indecent images of children) | 3 December 2012
Terrorism Act 2000
7 | An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 54 (weapons training) | 13 April 2015
(b) section 56 (directing terrorist organisation) | 3 December 2012
(c) section 57 (possession of article for terrorist purposes) | 3 December 2012
(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
Anti-terrorism, Crime and Security Act 2001
8 | An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons) | 3 December 2012
(b) section 50 (assisting or inducing certain weapons-related acts overseas) | 3 December 2012
(c) section 113 (use of noxious substance or thing to cause harm or intimidate) | 3 December 2012
Sexual Offences Act 2003
9 | An offence under any of the following provisions of the Sexual Offences Act 2003—
(a) section 1 (rape) | 3 December 2012
(b) section 2 (assault by penetration) | 3 December 2012
(c) section 4 (causing a person to engage in sexual activity without consent) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
(d) section 5 (rape of a child under 13) | 3 December 2012
(e) section 6 (assault of a child under 13 by penetration) | 3 December 2012
(f) section 7 (sexual assault of a child under 13) | 3 December 2012
(g) section 8 (causing or inciting a child under 13 to engage in sexual activity) | 3 December 2012
(h) section 9 (sexual activity with a child) | 3 December 2012
(i) section 10 (causing or inciting a child to engage in sexual activity) | 3 December 2012
(j) section 11 (engaging in sexual activity in the presence of a child) | 3 December 2012
(k) section 12 (causing a child to watch a sexual act) | 3 December 2012
(l) section 14 (arranging or facilitating commission of a child sex offence) | 3 December 2012
(m) section 15 (meeting a child following sexual grooming etc) | 3 December 2012
(n) section 25 (sexual activity with a child family member) if the offender is aged 18 or over at the time of the offence | 3 December 2012
(o) section 26 (inciting a child family member to engage in sexual activity) if the offender is aged 18 or over at the time of the offence | 3 December 2012
(p) section 30 (sexual activity with a person with a mental disorder impeding choice) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
(q) section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
(r) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
(s) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
(t) section 47 (paying for sexual services of a child) if the offence is against a person aged under 16 | 3 December 2012
(u) section 48 (causing or inciting sexual exploitation of a child) | 3 December 2012
(v) section 49 (controlling a child in relation to sexual exploitation) | 3 December 2012
(w) section 50 (arranging or facilitating sexual exploitation of a child) | 3 December 2012
(x) section 62 (committing an offence with intent to commit a sexual offence) if the offender is liable on conviction on indictment to imprisonment for life | 3 December 2012
Domestic Violence, Crime and Victims Act 2004
10 | An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult) | 3 December 2012
Terrorism Act 2006
11 | An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 5 of the Terrorism Act 2006 (preparation of terrorist acts) | 3 December 2012
(b) section 6 (training for terrorism) | 13 April 2015
(c) section 9 (making or possession of radioactive device or materials) | 3 December 2012
(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities) | 3 December 2012
(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities) | 3 December 2012
Modern Slavery Act 2015
12 | An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour) | 31 July 2015
(b) section 2 of that Act (human trafficking) | 31 July 2015
Inchoate offences
14 | An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule (a “relevant offence”) | The date specified for the relevant offence
15 | An inchoate offence in relation to murder | 3 December 2012
PART 2 Further offences under the law of England and Wales
The following offences to the extent that they are offences under the law of England and Wales—
16 Murder.
17 Any offence that—
(a) was abolished (with or without savings) before 3 December 2012, and
(b) would, if committed when the index offence was committed, have constituted an offence specified in Part 1 of this Schedule.
PART 3 Offences under service law
18 An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule.
19 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 or 2 of this Schedule.
(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.
PART 4 Offences under the law of Scotland or Northern Ireland
20 A civilian offence for which the person was convicted in Scotland or Northern Ireland 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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).
PART 5 Interpretation
24 (1) 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;
“imprisonment for life” includes custody for life and detention for life;
“index offence” has the same meaning as in section 273 or 283 (as appropriate).
“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.
(2) The references in Part 1 of this Schedule to offences under sections 48, 49 and 50 of the Sexual Offences Act 2003 include references to offences under those sections as they had effect before the amendments made by section 68 of the Serious Crime Act 2015 (child sexual exploitation) came into force.
SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction
Section 303
PART 1 Preliminary
Interpretation: general
1 (1) In this Schedule, in relation to a suspended sentence order—
“activation order” has the meaning given by paragraph 14(1);
“the appropriate court” means—
in the case of a suspended sentence order which is subject to review, the court responsible for the order,
in the case of a Crown Court order, the Crown Court, and
in any other case, a magistrates' court acting in the local justice area for the time being specified in the order.
(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.
Enforcement officers
2 (1) In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.
(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.
(3) For this purpose, “public sector provider” means—
(a) a probation trust or other public body, or
(b) the Secretary of State.
“Order subject to magistrates' court supervision” and “Crown Court order”
3 In this Schedule—
“order subject to magistrates' court supervision” means a suspended sentence order that imposes any community requirement which—
was made by a magistrates' court, or
was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court;
“Crown Court order” means a suspended sentence order that imposes any community requirement which—
was made by the Crown Court, and
does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court.
Orders and community requirements which are subject to review
4 (1) For the purposes of this Schedule, a suspended sentence order is subject to review if—
(a) the order is subject to review in accordance with section 293(1) or 293A(1), or
(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.
(2) In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—
(a) in section 293(4) or 293A(3), or
(b) in paragraph 21(4) of Schedule 9,
(as the case may be).
Orders made on appeal
5 A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.
PART 2 Breach of community requirement or conviction of further offence
Breach of community requirement: duty to give warning or refer to enforcement officer
6 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a community requirement of a suspended sentence order.
(2) If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any community requirement of the order, the officer must refer the matter to an enforcement officer.
(3) Otherwise the officer must either—
(a) give the offender a warning under this paragraph, or
(b) refer the matter to an enforcement officer.
(4) A warning under this paragraph must—
(a) describe the circumstances of the breach,
(b) state that the breach is unacceptable, and
(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.
(5) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.
Role of enforcement officer
7 Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—
(a) consider the case, and
(b) where appropriate, cause an information to be laid in respect of the offender's breach of the requirement—
(i) in the case of an order subject to magistrates' court supervision, before a justice of the peace;
(ii) in the case of a Crown Court order, before the Crown Court.
Order subject to magistrates' court supervision: issue of summons or warrant by justice
8 (1) This paragraph applies where, during the supervision period of an order subject to magistrates' court supervision, it appears on information to a justice of the peace that the offender has breached any community requirement of the order.
(2) The justice may—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—
(a) in the case of a suspended sentence order which is subject to review, before the court responsible for the order;
(b) in any other case, before a magistrates' court acting in—
(i) the local justice area in which the offender resides, or
(ii) if it is not known where the offender resides, in the offender's home local justice area.
(4) Where—
(a) a summons issued under this paragraph requires the offender to appear before a magistrates' court, and
(b) the offender does not appear in answer to the summons,
the magistrates' court may issue a warrant for the arrest of the offender.
Crown Court order: issue of summons or warrant by Crown Court
9 (1) This paragraph applies where, during the supervision period of a Crown Court order, it appears on information to the Crown Court that the offender has breached any community requirement of the order.
(2) The Crown Court may—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.
(4) Where—
(a) a summons issued under this paragraph requires the offender to appear before the Crown Court, and
(b) the offender does not appear in answer to the summons,
the Crown Court may issue a warrant for the arrest of the offender.
Issue of summons or warrant after review hearing in special procedure cases
9A (1) This paragraph applies where—
(a) a suspended sentence order is subject to review in accordance with section 293A(1),
(b) on a review hearing under section 294(5) a magistrates’ court or the Crown Court (“the court”) is of the opinion that the offender has without reasonable excuse breached a community requirement of the order, and
(c) the court does not deal with the case forthwith under section 294(5).
(2) The court may at any time—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) issue a warrant for the offender’s arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court which issued it.
(4) Where—
(a) a summons is issued under this paragraph, and
(b) the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.
Offender before magistrates' court: breach of community requirement
10 (1) This paragraph applies where—
(a) the offender is before a magistrates' court (“the present court”) in relation to a suspended sentence order by virtue of—
(i) paragraph 8 or 9A (breach of community requirement), or
(ii) section 294(5) (review), and
(b) it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.
(2) If the suspended sentence order was made by a magistrates' court, the present court must deal with the case under paragraph 13.
(3) If the suspended sentence order was made by the Crown Court, the present court must—
(a) deal with the case under paragraph 13, or
(b) commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.
(4) If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court—
(a) a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and
(b) such other particulars of the case as may be desirable;
and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.
Offender before magistrates' court: further conviction
11 (1) Where—
(a) an offender is convicted of an offence committed during the operational period of a suspended sentence order (and the suspended sentence has not already taken effect),
(b) the suspended sentence order was made by a magistrates' court, and
(c) the offender is before a magistrates' court (“the present court”), whether on conviction of that other offence or subsequently,
the present court must deal with the case under paragraph 13.
(2) Where an offender is convicted by a magistrates' court of any offence (“the new offence”) which the court is satisfied was committed during the operational period of a suspended sentence order made by the Crown Court, the court—
(a) may commit the offender in custody or on bail to the Crown Court, and
(b) if it does not, must give written notice of the conviction to the appropriate officer of the Crown Court.
(3) Sub-paragraph (1) does not apply to the present court if it commits the offender to the Crown Court under section 20 (which confers power for magistrates' court to commit to Crown Court in certain circumstances in respect of the suspended sentence where it commits in respect of new offence) to be dealt with in respect of the suspended sentence order.
(4) Where a magistrates' court commits a person to the Crown Court under sub-paragraph (2)(a), any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the magistrates' court—
(a) is not to be discharged or exercised by that court, but
(b) is instead to be discharged or may instead be exercised by the Crown Court.
This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).
Offender before Crown Court: breach of community requirement or further conviction
12 (1) Where—
(a) an offender to whom a suspended sentence order relates is before the Crown Court, and
(b) sub-paragraph (2) or (3) applies,
the court must deal with the case under paragraph 13.
(2) This sub-paragraph applies where—
(a) the offender is before the Crown Court in relation to the order by virtue of—
(i) paragraph 9 or 9A (summons or warrant for breach of community requirement),
(ii) section 294(5) (review of order), or
(iii) paragraph 10(3)(b) (committal from magistrates' court), and
(b) it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.
(3) This sub-paragraph applies where the offender—
(a) has been convicted of an offence committed during the operational period of the suspended sentence order, and
(b) the suspended sentence has not taken effect.
(4) In proceedings before the Crown Court under this paragraph—
(a) any question whether the offender has breached a community requirement of the suspended sentence order, and
(b) any question whether the offender has been convicted during the operational period of the suspended sentence,
is to be determined by the court and not by the verdict of a jury.
Powers of court to deal with offender on breach of requirement or subsequent conviction
13 (1) Where a court deals with a case under this paragraph, the court must deal with the offender in one of the following ways—
(a) the court may order that the suspended sentence is to take effect with its original term unaltered;
(b) the court may order that the suspended sentence is to take effect with the substitution for the original term of a lesser term;
(c) the court may order the offender to pay a fine of an amount not exceeding £2,500;
(d) in the case of a suspended sentence order that imposes one or more community requirements, the court may amend the order by doing any one or more of the following—
(i) imposing more onerous community requirements which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order,
(ii) subject to section 288(4), extending the supervision period, or
(iii) subject to section 288(2), extending the operational period;
(da) in a case where the suspended sentence order qualifies for special procedures for the purposes of this paragraph, the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the court may order the offender to be committed to prison for such period not exceeding 28 days as the court considers appropriate (but see also paragraph 13A);
(e) in the case of a suspended sentence order that does not impose any community requirement, the court may, subject to section 288(2), amend the order by extending the operational period.
(2) The criminal courts charge duty (see section 46) applies where—
(a) a magistrates' court deals with an offender under this paragraph by virtue of paragraph 10 (breach of community requirement), or
(b) the Crown Court deals with an offender under this paragraph by virtue of paragraph 12(2) (breach of community requirement).
(3) Where a court deals with an offender under sub-paragraph (1) in respect of a suspended sentence, the appropriate officer of the court must notify the appropriate officer of the court which passed the sentence of the method adopted.
Exercise of power in paragraph 13: duty to make activation order where not unjust
14 (1) Where the court deals with the case under paragraph 13, it must make an order under paragraph 13(1)(a) or (b) (“an activation order”) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (2).
Where it is of that opinion the court must state its reasons.
(2) The matters referred to in sub-paragraph (1) are—
(a) the extent to which the offender has complied with any community requirements of the suspended sentence order, ...
(b) in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence , and
(c) in a case where the suspended sentence order qualifies for special procedures for the purposes of paragraph 13(1)(da), the court is dealing with the case by virtue of paragraph 10 or 12(2) and the offender is aged 18 or over, the possibility of making an order under paragraph 13(1)(da).
Activation orders: further provision
15 (1) This paragraph applies where a court makes an activation order relating to a suspended sentence.
(2) The activation order may provide for—
(a) the sentence to take effect immediately, or
(b) the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.
This is subject to section 225 (restriction on consecutive sentences for released prisoners).
(3) For the purpose of any enactment conferring rights of appeal in criminal cases, each of the following orders is to be treated as a sentence passed on the offender by the court for the offence for which the suspended sentence was passed—
(a) the activation order;
(b) any order made by the court under section 46 (criminal courts charge duty) when making the activation order.
(4) In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).
Power under paragraph 13 to fine or amend community requirements: further provision
16 (1) A fine imposed under paragraph 13(1)(c) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.
(2) Paragraph 13(1)(d)(i) (power to impose more onerous requirements) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.
Power under paragraph 13(1)(da) to commit to prison: further provision
16A (1) In the case of an offender under the age of 21—
(a) an order under paragraph 13(1)(da) must be for committal to a young offender institution instead of to prison, but
(b) the Secretary of State may from time to time direct that a person committed to a young offender institution by such an order is to be detained in a prison or remand centre instead.
(2) A person committed to prison or a young offender institution by an order under paragraph 13(1)(da) is to be regarded as being in legal custody.
(3) No more than three orders under paragraph 13(1)(da) may be made in relation to the same suspended sentence order.
Treatment requirement: reasonable refusal to undergo certain treatment
17 (1) Sub-paragraph (2) applies where the offender—
(a) is required by a treatment requirement of a suspended sentence order to submit to treatment, and
(b) has refused to undergo any surgical, electrical or other treatment.
(2) The offender is not to be treated for the purposes of paragraph 10(1)(b) or 12(2)(b) as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.
(3) In this paragraph, “treatment requirement” means—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, or
(c) an alcohol treatment requirement.
Duty of court in Scotland or Northern Ireland when informed of suspended sentence
18 Where—
(a) an offender is convicted in Scotland or Northern Ireland of an offence, and
(b) the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,
the court must give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.
Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence
19 (1) This paragraph applies where it appears to the Crown Court that an offender—
(a) has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence order passed by the Crown Court, and
(b) has not been dealt with in respect of the suspended sentence.
(2) The Crown Court may issue—
(a) a summons requiring the offender to appear at the place and time specified in it, or
(b) a warrant for the offender's arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.
20 (1) This paragraph applies where it appears to a justice of the peace that an offender—
(a) has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence passed by a magistrates' court acting in the same local justice area as the justice, and
(b) has not been dealt with in respect of the suspended sentence.
(2) The justice may issue—
(a) a summons requiring the offender to appear at the place and time specified in it, or
(b) a warrant for the offender's arrest.
This is subject to sub-paragraphs (3) and (4).
(3) Unless acting in consequence of a notice under paragraph 18 (conviction in Scotland or Northern Ireland), a justice—
(a) may not issue a summons under this paragraph except on information, and
(b) may not issue a warrant under this paragraph except on information in writing and on oath.
(4) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court by which the suspended sentence was passed.
PART 3 Amendment of order
Application of Part
21 This Part of this Schedule applies during the supervision period of a suspended sentence order that imposes one or more community requirements.
Cancellation of community requirements of suspended sentence order
22 (1) This paragraph applies where an application is made to the appropriate court by—
(a) the offender, or
(b) an officer of a provider of probation services,
for the community requirements of the suspended sentence order to be cancelled.
(2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may cancel the community requirements of the suspended sentence order.
(3) The circumstances in which community requirements of the order may be cancelled under sub-paragraph (2) include the offender's—
(a) making good progress, or
(b) responding satisfactorily to supervision.
(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending.
Termination of supervision period
22A (1) This paragraph applies if—
(a) the suspended sentence order does not contain provision for review within the meaning of section 293A (review of suspended sentence order qualifying for special procedures),
(b) in a case where the order imposes a probation requirement, the responsible officer does not consider that it is necessary to give any further instructions to the offender pursuant to that requirement,
(c) in a case where the order imposes one or more other community requirements listed in section 287 (whether or not it also imposes a probation requirement), the offender has complied with each of those other requirements, and
(d) in a case where a sentence plan has been prepared for the offender, the responsible officer—
(i) considers that the offender has met the objectives set out in the plan, and
(ii) does not consider that it is necessary to add to those objectives.
(2) The supervision period terminates on the date specified by the responsible officer to the offender.
(3) In this paragraph “sentence plan”, in relation to an offender to whom a suspended sentence order relates, means a plan prepared by the responsible officer which sets out—
(a) the community requirements imposed by the order,
(b) any objectives to be met by the offender for the purposes of the order, and
(c) how the offender—
(i) will comply with those requirements, and
(ii) will meet any such objectives.
(4) If section 39 of the Sentencing Act 2026 (which inserted this paragraph) comes into force before section 13 of that Act, the references in sub-paragraph (1) to a probation requirement are to be read, until that section comes into force, as references to a rehabilitation activity requirement.
Amendment because of change of residence
23 (1) This paragraph applies where—
(a) the offender is given permission under section 302 to change residence, and
(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.
(2) If the permission is given by a court, the court must amend the suspended sentence order to specify the new local justice area as the offender's home local justice area.
(3) If the permission is given by the responsible officer—
(a) the officer must give notice to the appropriate court of the permission, and
(b) the court must amend the order as set out in sub-paragraph (2).
24 (1) This paragraph applies where—
(a) a court amends the suspended sentence order,
(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and
(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.
(2) The court must amend the order to specify the new local justice area.
Amendment because of variation of curfew requirement by responsible officer
24A (1) This paragraph applies where at any time the responsible officer gives—
(a) a copy of a variation notice in relation to a suspended sentence order, and
(b) evidence of the offender’s consent to the notice,
to the appropriate court under paragraph 10A of Schedule 9.
(2) The appropriate court must amend the order to reflect the effect of the variation notice.
Amendment of community requirements of suspended sentence order
25 (1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend any community requirement of the suspended sentence order—
(a) by cancelling the requirement, or
(b) by replacing it with a requirement of the same kind, which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.
(2) For the purposes of sub-paragraph (1)—
(a) a requirement falling within any entry in the table in section 287 is of the same kind as any other requirement falling within that entry, and
(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.
(3) Sub-paragraph (1)(b) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.
(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending, other than an application which—
(a) relates to a treatment requirement, and
(b) is made by an officer of a provider of probation services with the offender's consent.
(5) Before exercising its powers under this paragraph, the court must summon the offender to appear before the court, unless—
(a) the application was made by the offender, or
(b) the order would cancel a community requirement of the suspended sentence order.
(6) If the offender fails to appear in answer to a summons under sub-paragraph (5) the court may issue a warrant for the offender's arrest.
(7) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—
(a) revoke—
(i) the suspended sentence order, and
(ii) the suspended sentence to which it relates, and
(b) re-sentence the offender for the offence in respect of which the suspended sentence was imposed.
(8) In dealing with the offender under sub-paragraph (7)(b), the court must take into account the extent to which the offender has complied with the requirements of the order.
(9) In this paragraph “treatment requirement” means—
(a) a mental health treatment requirement,
(b) a drug rehabilitation requirement, or
(c) an alcohol treatment requirement.
Amendment of treatment requirement on report of practitioner
26 (1) This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner—
(a) is of the opinion that—
(i) the treatment of the offender should be continued beyond the period specified in that behalf in the order,
(ii) the offender needs different treatment,
(iii) the offender is not susceptible to treatment, or
(iv) the offender does not require further treatment, or
(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.
(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.
(3) The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.
(4) For the purposes of this paragraph—
(a) “treatment requirement” means—
(i) a mental health treatment requirement,
(ii) a drug rehabilitation requirement, or
(iii) an alcohol treatment requirement;
(b) the treatment practitioner is—
(i) the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or
(ii) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.
...
27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PART 4 Supplementary
Provision of copies of orders etc
28 (1) This paragraph applies on the making by a court of an order under this Schedule amending or revoking a suspended sentence order.
(2) The court must provide copies of the amending or revoking order to—
(a) the offender, and
(b) the responsible officer.
(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—
(a) a provider of probation services that is a public sector provider operating in that area, and
(b) the magistrates' court acting in that area.
(4) In the case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.
The requirement | The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected
A residence requirement relating to residence in an institution | The person in charge of the institution
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the amendment or revocation (“the former home area”), the court must provide a copy of the amending or revoking order to a magistrates' court acting in the former home area.
(6) Where under sub-paragraph (3) the court provides a copy of an amending or revoking order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
(7) In this paragraph “public sector provider” means—
(a) a probation trust or other public body, or
(b) the Secretary of State.
SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland
Section 304
PART 1 Scotland
Restriction on making relevant suspended sentence order where offender resides in Scotland
1 (1) This paragraph applies where—
(a) a relevant suspended sentence order is available to a court dealing with an offender, and
(b) the court is satisfied that the offender—
(i) resides in Scotland, or
(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.
(2) The court may make a relevant suspended sentence order only if—
(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and
(b) the order will satisfy paragraphs 8 and 9.
(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.
Amendment of relevant suspended sentence order to become SSSO
2 (1) This paragraph applies where—
(a) a relevant suspended sentence order is in force,
(b) the appropriate court is satisfied that the offender—
(i) resides in Scotland, or
(ii) proposes to reside there, and
(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.
(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—
(a) the order to be complied with in Scotland, and
(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.
3 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2.
(2) If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.
PART 2 Northern Ireland
Restriction on making suspended sentence order where offender resides in Northern Ireland
4 (1) This paragraph applies where—
(a) a relevant suspended sentence order is available to a court dealing with an offender, and
(b) the court is satisfied that the offender—
(i) resides in Northern Ireland, or
(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.
(2) The court may make a relevant suspended sentence order only if—
(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and
(b) the order will satisfy paragraphs 8 and 9.
(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.
Amendment of relevant suspended sentence order to become an NISSO
5 (1) This paragraph applies where—
(a) a relevant suspended sentence order is in force,
(b) the appropriate court is satisfied that the offender—
(i) resides in Northern Ireland, or
(ii) proposes to reside there, and
(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.
(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—
(a) the order to be complied with in Northern Ireland, and
(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).
(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.
6 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 5.
(2) If the court amends a relevant suspended sentence order in accordance with paragraph 5, it may not provide for it to be subject to review.
PART 3 Making of orders
Making or amending a suspended sentence order under
7 This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—
(a) makes an SSSO or an NISSO, or
(b) amends a suspended sentence order so as to become an SSSO or an NISSO.
Community requirements: availability and restrictions on imposition
8 (1) If the order is an SSSO, it must not impose—
(a) an alcohol abstinence and monitoring requirement,
(b) an attendance centre requirement, or
(c) an electronic whereabouts monitoring requirement.
(2) If the order is an NISSO—
(a) it must not impose an alcohol abstinence and monitoring requirement;
(b) it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—
(i) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
9 (1) The order, as made or amended, may not impose a locally based requirement unless it appears to the court that—
(a) arrangements exist for persons to comply with such a requirement in—
(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or
(ii) Northern Ireland, in the case of an NISSO, and
(b) provision can be made for the offender to comply with the requirement under those arrangements.
(2) For the purposes of this paragraph, “locally based requirement” means any of the following—
(a) an unpaid work requirement;
(b) a probation requirement;
(c) a programme requirement;
(d) a mental health treatment requirement;
(e) a drug rehabilitation requirement;
(f) an alcohol treatment requirement;
(g) in relation to an NISSO, an attendance centre requirement , where such a requirement is available (see section 207(3));
(h) an electronic compliance monitoring requirement , where such a requirement is available (see section 207(4)).
10 Schedule 9 (requirements) applies as if—
(a) any reference to the responsible officer were to the relevant officer;
(b) the following provisions were omitted—
(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);
(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);
(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—
(i) in relation to an SSSO or proposed SSSO—
“in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;
;
(ii) in relation to an NISSO or proposed NISSO—
“in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));
;
(d) in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
Matters to be specified in the order
11 (1) The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must—
(a) if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or
(b) if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.
(2) This paragraph has effect in place of section 296 (offender's home local justice area to be specified).
Order to require home authority to appoint relevant officer
12 The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign—
(a) an officer, in the case of an SSSO, or
(b) a probation officer, in the case of an NISSO,
who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.
Provision of copies
13 (1) This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7.
(2) The court must forthwith provide the offender with a copy of the transferring order.
(3) The court must provide—
(a) the home authority, and
(b) the home court,
with the relevant documents.
(4) In sub-paragraph (3), “the relevant documents” means—
(a) a copy of the suspended sentence order as made or amended, and
(b) such other documents and information relating to the case as the court considers likely to be of assistance.
(5) Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.
The requirement | The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender | The person intended to be protected
A residence requirement relating to residence in an institution | The person in charge of the institution
A mental health treatment requirement | The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement | The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement | The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement | Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
Any person without whose consent the requirement could not be included in the order.
(6) Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.
(7) The court must provide a copy of the transferring order to the responsible officer.
(8) Where the court making the transferring order acts in a local justice area other than the offender's home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates' court acting in the former home area.
(9) This paragraph applies in place of—
(a) section 298 (provision of copies of suspended sentence orders), and
(b) paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).
PART 4 Provisions where SSSO or NISSO is in force
Application
14 (1) This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender.
(2) This is subject to Part 8 of this Schedule (transfer to England and Wales).
Role of responsible officer to be carried out by relevant officer
15 Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.
Community requirements
16 Schedule 9 (requirements) applies as if—
(a) any reference to the responsible officer were to the relevant officer;
(b) the following provisions were omitted—
(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);
(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);
(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);
(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—
(i) in relation to an SSSO—
“in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;
;
(ii) in relation to an NISSO—
“in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));
;
(d) in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).
PART 5 Breach of community requirement
Application
17 This Part of this Schedule—
(a) applies where an SSSO or an NISSO is in force in respect of an offender, and
(b) includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).
Breach of community requirement: duty to give warning or refer to home court
18 (1) This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order.
(2) If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—
(a) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or
(b) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.
(3) Otherwise the officer must—
(a) give the offender a warning under this paragraph,
(b) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or
(c) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.
(4) A warning under this paragraph must—
(a) describe the circumstances of the breach,
(b) state that the breach is unacceptable, and
(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.
(5) As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.
(6) For the purposes of sub-paragraph (2), a relevant warning is a warning under—
(a) this paragraph, or
(b) paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).
(7) If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.
Issue of citation or warrant by home court
19 (1) Sub-paragraph (2) applies where it appears to the home court—
(a) if that court is in Scotland, on information from the relevant officer, or
(b) if that court is in Northern Ireland, upon a complaint being made by the relevant officer,
that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.
(2) The home court may—
(a) if it is in Scotland—
(i) issue a citation requiring the offender to appear before it at the time specified in the citation, or
(ii) issue a warrant for the offender's arrest;
(b) if it is in Northern Ireland—
(i) issue a summons requiring the offender to appear before it at the time specified in the summons, or
(ii) issue a warrant for the offender' arrest.
Powers of home court to determine breach or refer to original court
20 (1) The court before which an offender appears or is brought by virtue of paragraph 19 must—
(a) determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or
(b) require the offender to appear before the original court.
(2) Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.
(3) The court must—
(a) require the offender to appear before the original court, and
(b) send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.
(4) Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).
(5) Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.
(6) Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.
(7) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).
Determination by home court of breach of community requirement: further provision
21 (1) Sub-paragraph (2) applies where an offender—
(a) is required by any of the following community requirements of a suspended sentence order to submit to treatment—
(i) a mental health treatment requirement,
(ii) a drug rehabilitation requirement, or
(iii) an alcohol treatment requirement, and
(b) has refused to undergo any surgical, electrical or other treatment.
(2) The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.
(3) Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.
(4) If the order—
(a) is an SSSO, and
(b) contains an electronic monitoring requirement,
section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).
22 Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).
Modifications of Part 2 of Schedule 16 etc
23 (1) Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if—
(a) any reference to the responsible officer were to the relevant officer;
(b) any reference to a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;
(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;
(d) any reference to the appropriate court were to the original court;
(e) for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “ the same local justice area as the original court ”.
(2) No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).
PART 6 Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland
Application
24 This Part of this Schedule—
(a) applies where an SSSO or an NISSO is in force in respect of an offender, and
(b) includes provisions that modify, or apply in place of, certain provisions of Part 3 of Schedule 16 (amendment of suspended sentence order).
Modifications of Part 3 of Schedule 16
25 Part 3 of Schedule 16 (amendment of suspended sentence order) applies as if—
(a) any reference to the responsible officer were to the relevant officer;
(b) any reference a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;
(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;
(d) any reference to the appropriate court were to the original court;
(da) paragraph 22A (termination of supervision period) were omitted;
(e) in the case of an SSSO, in paragraphs 23 and 24 of that Schedule (amendment by reason of change of residence), any reference to the offender's home local justice area were to the local authority area specified in the order, and any other reference to a local justice area were to a local authority area;
(f) in the case of an NISSO, those paragraphs were omitted.
Powers to amend suspended sentence order exercisable by home court
26 (1) The home court may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) as if it were the original court.
This is subject to sub-paragraph (2).
(2) Where paragraph 25(7) of Schedule 16 (power to deal with offender who fails to express willingness to comply with amended treatment requirement) applies, the home court—
(a) may not exercise the power conferred by that provision, and
(b) must require the offender to appear before the original court.
(3) See paragraph 27 and Part 7 of this Schedule for provisions that apply to the home court where it exercises a power by virtue of sub-paragraph (1).
Cases in which offender is to be required to appear before home court
27 (1) This paragraph applies in place of sub-paragraphs (5) and (6) of paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) in relation to any exercise by the home court of the power conferred by sub-paragraph (1) of that paragraph.
(2) Before exercising the power, the home court must issue—
(a) a citation, if it is Scotland, or
(b) a summons, if it is in Northern Ireland,
requiring the offender to appear before it.
(3) If the offender does not appear in answer to a citation or summons under sub-paragraph (2), the court may issue a warrant for the offender's arrest.
(4) Sub-paragraph (2) does not apply where the home court exercises the power—
(a) on the application of the offender, or
(b) to cancel a community requirement of the suspended sentence order.
Modification of sections 300 to 302 and Schedule 9
28 (1) This paragraph applies where the home court is considering amending an SSSO or an NISSO under Part 3 of Schedule 16 by virtue of this Part of this Schedule.
(2) Sections 300 to 302 (functions of responsible officer) and Schedule 9 (requirements) apply as if any reference to a provider of probation services were—
(a) in the case of an SSSO, to a local authority in Scotland;
(b) in the case of an NISSO, to the Probation Board for Northern Ireland.
Power for home court to refer application to original court
29 (1) This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court).
(2) The home court may (instead of dealing with the application) require the offender to appear before the original court.
Powers exercisable by court in England and Wales only after home court consideration
30 (1) No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with—
(a) paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or
(b) paragraph 29(2) of this Schedule (power of home court to refer application to original court).
(2) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).
PART 7 Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule
Application
31 This Part of this Schedule applies where—
(a) a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,
(b) the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or
(c) a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.
Restrictions on exercise of powers to amend order
32 (1) The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by—
(a) the local council in Scotland, if the order is an SSSO, or
(b) the Probation Board for Northern Ireland, if the order is an NISSO.
(2) If the order is an SSSO, the court must not impose—
(a) an alcohol abstinence and monitoring requirement,
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) an electronic whereabouts monitoring requirement.
(3) If the order is an NISSO—
(a) the court must not impose an alcohol abstinence and monitoring requirement;
(b) the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—
(i) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and
(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.
(4) The court must not impose a locally based requirement unless it appears to the court that—
(a) arrangements exist for persons to comply with such a requirement in—
(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or
(ii) Northern Ireland, in the case of an NISSO, and
(b) provision can be made for the offender to comply with the requirement under those arrangements.
(5) For the purposes of this paragraph, “locally based requirement” means any of the following—
(a) an unpaid work requirement;
(b) a probation requirement;
(c) a programme requirement;
(d) a mental health treatment requirement;
(e) a drug rehabilitation requirement;
(f) an alcohol treatment requirement;
(g) in relation to an NISSO, an attendance centre requirement , where such a requirement is available (see section 291(3));
(h) an electronic compliance monitoring requirement , where such a requirement is available (see section 291(4)).
(6) The court may not provide for the SSSO or NISSO to be subject to review.
Provision of copies
33 (1) This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies.
(2) The court must provide copies of the amending order to—
(a) the offender, and
(b) the relevant officer.
(3) Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—
(a) the home authority, and
(b) the home court,
with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.
Application of provisions of Part 3 of this Schedule
34 Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.
PART 8 Amendment of order: return to England and Wales
Amendment of order: return to England and Wales
35 (1) This paragraph applies where—
(a) an SSSO or NISSO is in force in respect of an offender, and
(b) the home court is satisfied that the offender is residing or proposes to reside in England and Wales.
(2) The home court—
(a) may, and
(b) on the application of the relevant officer must,
amend the suspended sentence order by requiring it to be complied with in England and Wales.
Restrictions on exercise of power under this Part of this Schedule
36 (1) This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside.
(2) The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—
(a) cancels those requirements, or
(b) substitutes for those requirements other requirements which can be complied with if the offender resides in that area.
37 (1) This paragraph applies where the SSSO or NISSO imposes a programme requirement.
(2) The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.
Making of order under this Part of this Schedule
38 (1) This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO.
(2) The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).
(3) The home court must—
(a) provide copies of the amending order to—
(i) the offender,
(ii) the relevant officer, and
(iii) a provider of probation services operating in the new local justice area, and
(b) provide the magistrates' court acting in that area with—
(i) a copy of the amending order, and
(ii) such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.
This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).
(4) The relevant suspended sentence order ceases to be an SSSO or NISSO.
PART 9 Supplementary
Electronic monitoring and SSSO
39 Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.
Service of citation or warrant
40 (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995.
(2) A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.
PART 10 Interpretation
41 (1) In this Schedule—
“the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);
“breach” in relation to a community requirement, means a failure to comply with it, and related expressions are to be read accordingly;
“the home authority”—
in relation to an SSSO, means the local authority for the local authority area specified in the order;
in relation to an NISSO, means the Probation Board for Northern Ireland;
“home court” means—
in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and
in the case of an NISSO, a court of summary jurisdiction in Northern Ireland;
“local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;
“the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;
“NISSO” means a relevant suspended sentence order that—
has been made or amended under Part 2 of this Schedule (Northern Ireland), and
has not ceased to be such an order under paragraph 35 (transfer to England and Wales);
“original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;
“the relevant officer” means—
in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;
in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;
“relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;
“the relevant time”—
in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;
in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;
“SSSO” means a relevant suspended sentence order that—
has been made or amended under Part 1 of this Schedule (Scotland), and
has not ceased to be such an order under paragraph 35 (transfer to England and Wales).
(2) For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—
(a) the order is subject to review in accordance with section 293(1), or
(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.
Section 306
PART 1 Terrorism offences
Terrorism Act 2000
1 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 54 (weapons training);
(b) section 56 (directing a terrorist organisation);
(c) section 59 (inciting terrorism overseas), other than an offence which is an offence by virtue of subsection (2)(c) of that section.
Terrorism Act 2006
2 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 5 (preparation of terrorist acts);
(b) section 6 (training for terrorism);
(c) section 9 (making or possession of radioactive device or material);
(d) section 10 (misuse of radioactive device or material for terrorist purposes etc);
(e) section 11 (terrorist threats relating to radioactive devices etc).
Inchoate offences
3 An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
PART 2 Other offences (in case where determination of terrorist connection under section 69 is made)
Common law offences
4 Manslaughter.
5 Kidnapping.
6 False imprisonment.
Offences against the Person Act 1861
7 An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder);
(b) section 18 (wounding with intent to cause grievous bodily harm);
(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in the committing of an indictable offence);
(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
(e) section 28 (causing bodily injury by explosives);
(f) section 29 (using explosives etc with intent to do grievous bodily harm);
(g) section 32 (endangering the safety of railway passengers).
Explosive Substances Act 1883
8 An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property);
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
(c) section 4 (making or possession of explosive under suspicious circumstances);
(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives).
Infant Life (Preservation) Act 1929
9 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Infanticide Act 1938
10 An offence under section 1 of the Infanticide Act 1938 (infanticide).
Firearms Act 1968
11 An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of firearm with intent to endanger life);
(b) section 17(1) (use of firearm to resist arrest);
(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
(d) section 18 (carrying a firearm with criminal intent).
Theft Act 1968
12 An offence under either of the following provisions of the Theft Act 1968—
(a) section 8 (robbery or assault with intent to rob);
(b) section 10 (aggravated burglary).
Criminal Damage Act 1971
13 (1) An offence of arson under section 1 of the Criminal Damage Act 1971.
(2) An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
Biological Weapons Act 1974
14 An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons).
Taking of Hostages Act 1982
15 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982
16 An offence under any of the following provisions of the Aviation Security Act 1982—
(a) section 1 (hijacking);
(b) section 2 (destroying, damaging or endangering safety of aircraft);
(c) section 3 (other acts endangering or likely to endanger safety of aircraft);
(d) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft).
Nuclear Material (Offences) Act 1983
17 An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983—
(a) section 1B (offences relating to damage to the environment);
(b) section 2 (preparatory acts and threats).
Criminal Justice Act 1988
18 An offence under section 134 of the Criminal Justice Act 1988 (torture).
Aviation and Maritime Security Act 1990
19 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms);
(d) section 11 (destroying ships or fixed platforms or endangering their safety);
(e) section 12 (other acts endangering or likely to endanger safe navigation);
(f) section 13 (offences involving threats);
(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety).
Channel Tunnel (Security) Order 1994
20 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Chemical Weapons Act 1996
21 An offence under either of the following provisions of the Chemical Weapons Act 1996—
(a) section 2 (use etc of chemical weapons);
(b) section 11 (premises or equipment used for producing chemical weapons).
International Criminal Court Act 2001
22 An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
Anti-terrorism, Crime and Security Act 2001
23 An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas).
Modern Slavery Act 2015
24 An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour);
(b) section 2 (human trafficking).
Inchoate offences
25 An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
26 An inchoate offence in relation to murder.
SCHEDULE 18 Specified offences for purposes of section 306
Section 306
PART 1 Specified violent offences
Common law offences
1 Manslaughter.
2 Kidnapping.
3 False imprisonment.
Offences against the Person Act 1861
4 An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder);
(b) section 16 (threats to kill);
(c) section 18 (wounding with intent to cause grievous bodily harm);
(d) section 20 (malicious wounding);
(e) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);
(f) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
(g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);
(h) section 27 (abandoning children);
(i) section 28 (causing bodily injury by explosives);
(j) section 29 (using explosives etc with intent to do grievous bodily harm);
(k) section 30 (placing explosives with intent to do bodily injury);
(l) section 31 (setting spring guns etc with intent to do grievous bodily harm);
(m) section 32 (endangering the safety of railway passengers);
(n) section 35 (injuring persons by furious driving);
(o) section 37 (assaulting officer preserving wreck);
(p) section 38 (assault with intent to resist arrest);
(q) section 47 (assault occasioning actual bodily harm).
Explosive Substances Act 1883
5 An offence under any of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property);
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);
(c) section 4 (making or possession of explosive under suspicious circumstances).
(d) section 5 (punishment of accessories to offences of causing or attempting to cause explosions or making or possessing explosives) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Infant Life (Preservation) Act 1929
6 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Children and Young Persons Act 1933
7 An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).
Infanticide Act 1938
8 An offence under section 1 of the Infanticide Act 1938 (infanticide).
Firearms Act 1968
9 An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of firearm with intent to endanger life);
(b) section 16A (possession of firearm with intent to cause fear of violence);
(c) section 17(1) (use of firearm to resist arrest);
(d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
(e) section 18 (carrying a firearm with criminal intent).
Theft Act 1968
10 An offence under any of the following provisions of the Theft Act 1968—
(a) section 8 (robbery or assault with intent to rob);
(b) section 9, where the offence is burglary with intent to—
(i) inflict grievous bodily harm on a person, or
(ii) do unlawful damage to a building or anything in it;
(c) section 10 (aggravated burglary);
(d) section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.
Criminal Damage Act 1971
11 (1) An offence of arson under section 1 of the Criminal Damage Act 1971.
(2) An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
Biological Weapons Act 1974
11A An offence under section 1 of the Biological Weapons Act 1974 (developing certain biological agents and toxins or biological weapons) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Taking of Hostages Act 1982
12 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982
13 An offence under any of the following provisions of the Aviation Security Act 1982—
(a) section 1 (hijacking);
(b) section 2 (destroying, damaging or endangering safety of aircraft);
(c) section 3 (other acts endangering or likely to endanger safety of aircraft);
(d) section 4 (offences in relation to certain dangerous articles).
(e) section 6(2) (inducing or assisting the commission of offences relating to safety of aircraft) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Nuclear Material (Offences) Act 1983
13A An offence under either of the following provisions of the Nuclear Material (Offences) Act 1983 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—
(a) section 1B (offences relating to damage to the environment);
(b) section 2 (preparatory acts and threats).
Mental Health Act 1983
14 An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).
Prohibition of Female Circumcision Act 1985
15 An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).
Public Order Act 1986
16 An offence under any of the following provisions of the Public Order Act 1986—
(a) section 1 (riot);
(b) section 2 (violent disorder);
(c) section 3 (affray).
Criminal Justice Act 1988
17 An offence under section 134 of the Criminal Justice Act 1988 (torture).
Road Traffic Act 1988
18 An offence under any of the following provisions of the Road Traffic Act 1988—
(a) section 1 (causing death by dangerous driving);
(b) section 3ZC (causing death by driving: disqualified drivers);
(c) section 3A (causing death by careless driving when under influence of drink or drugs).
Aviation and Maritime Security Act 1990
19 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms);
(d) section 11 (destroying fixed platforms or endangering their safety);
(e) section 12 (other acts endangering or likely to endanger safe navigation);
(f) section 13 (offences involving threats).
(g) section 14(4) (inducing or assisting the commission of offences relating to hijacking of ships, or destroying ships or fixed platforms or endangering their safety) in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force.
Channel Tunnel (Security) Order 1994
20 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Chemical Weapons Act 1996
20A An offence under either of the following provisions of the Chemical Weapons Act 1996 in a case where the offender is convicted on or after the day on which section 15 of the Counter-Terrorism and Sentencing Act 2021 comes into force—
(a) section 2 (use etc of chemical weapons);
(b) section 11 (premises or equipment used for producing chemical weapons).
Protection from Harassment Act 1997
21 An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).
Crime and Disorder Act 1998
22 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults).
(2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).
International Criminal Court Act 2001
23 An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.
Anti-Terrorism, Crime and Security Act 2001
23A An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas).
Female Genital Mutilation Act 2003
24 An offence under any of the following provisions of the Female Genital Mutilation Act 2003—
(a) section 1 (female genital mutilation);
(b) section 2 (assisting a girl to mutilate her own genitalia);
(c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).
Domestic Violence, Crime and Victims Act 2004
25 An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).
Serious Crime Act 2015
25A An offence under section 75A of the Serious Crime Act 2015 (strangulation or suffocation).
Modern Slavery Act 2015
26 (1) An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour).
(2) An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.
Inchoate offences
27 An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.
28 An inchoate offence in relation to murder.
PART 2 Specified sexual offences
Sexual Offences Act 1956
29 An offence under any of the following provisions of the Sexual Offences Act 1956—
(a) section 1 (rape);
(b) section 2 (procurement of woman by threats);
(c) section 3 (procurement of woman by false pretences);
(d) section 4 (administering drugs to obtain or facilitate intercourse);
(e) section 5 (intercourse with girl under 13);
(f) section 6 (intercourse with girl under 16);
(g) section 7 (intercourse with a defective);
(h) section 9 (procurement of a defective);
(i) section 10 or 11 (incest);
(j) section 14 (indecent assault on a woman);
(k) section 15 (indecent assault on a man);
(l) section 16 (assault with intent to commit buggery);
(m) section 17 (abduction of woman by force or for the sake of her property);
(n) section 19 (abduction of unmarried girl under 18 from parent or guardian);
(o) section 20 (abduction of unmarried girl under 16 from parent or guardian);
(p) section 21 (abduction of defective from parent or guardian);
(q) section 22 (causing prostitution of women);
(r) section 23 (procuration of girl under 21);
(s) section 24 (detention of woman in brothel);
(t) section 25 (permitting girl under 13 to use premises for intercourse;
(u) section 26 (permitting girl under 16 to use premises for intercourse);
(v) section 27 (permitting defective to use premises for intercourse);
(w) section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);
(x) section 29 (causing or encouraging prostitution of defective);
(y) section 32 (soliciting by men);
(z) section 33A (keeping a brothel used for prostitution).
Mental Health Act 1959
30 An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).
Indecency with Children Act 1960
31 An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).
Sexual Offences Act 1967
32 An offence under either of the following provisions of the Sexual Offences Act 1967—
(a) section 4 (procuring others to commit homosexual acts);
(b) section 5 (living on earnings of male prostitution).
Theft Act 1968
33 An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.
Criminal Law Act 1977
34 An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).
Protection of Children Act 1978
35 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).
Customs and Excise Management Act 1979
36 An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).
Criminal Justice Act 1988
37 An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).
Sexual Offences Act 2003
38 An offence under any of the following provisions of the Sexual Offences Act 2003—
(a) section 1 (rape);
(b) section 2 (assault by penetration);
(c) section 3 (sexual assault);
(d) section 4 (causing a person to engage in sexual activity without consent);
(e) section 5 (rape of a child under 13);
(f) section 6 (assault of a child under 13 by penetration);
(g) section 7 (sexual assault of a child under 13);
(h) section 8 (causing or inciting a child under 13 to engage in sexual activity);
(i) section 9 (sexual activity with a child);
(j) section 10 (causing or inciting a child to engage in sexual activity);
(k) section 11 (engaging in sexual activity in the presence of a child);
(l) section 12 (causing a child to watch a sexual act);
(m) section 13 (child sex offences committed by children or young persons);
(n) section 14 (arranging or facilitating commission of a child sex offence);
(o) section 15 (meeting a child following sexual grooming etc);
(p) section 15A (sexual communication with a child);
(q) section 16 (abuse of position of trust: sexual activity with a child);
(r) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);
(s) section 18 (abuse of position of trust: sexual activity in the presence of a child);
(t) section 19 (abuse of position of trust: causing a child to watch a sexual act);
(u) section 25 (sexual activity with a child family member);
(v) section 26 (inciting a child family member to engage in sexual activity);
(w) section 30 (sexual activity with a person with a mental disorder impeding choice);
(x) section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);
(y) section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);
(z) section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);
(aa) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);
(ab) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);
(ac) section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);
(ad) section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);
(ae) section 38 (care workers: sexual activity with a person with a mental disorder);
(af) section 39 (care workers: causing or inciting sexual activity);
(ag) section 40 (care workers: sexual activity in the presence of a person with a mental disorder);
(ah) section 41 (care workers: causing a person with a mental disorder to watch a sexual act);
(ai) section 47 (paying for sexual services of a child);
(aj) section 48 (causing or inciting sexual exploitation of a child);
(ak) section 49 (controlling a child in relation to sexual exploitation);
(al) section 50 (arranging or facilitating sexual exploitation of a child);
(am) section 52 (causing or inciting prostitution for gain);
(an) section 53 (controlling prostitution for gain);
(ao) section 57 (trafficking into the UK for sexual exploitation);
(ap) section 58 (trafficking within the UK for sexual exploitation);
(aq) section 59 (trafficking out of the UK for sexual exploitation);
(ar) section 59A (trafficking for sexual exploitation);
(as) section 61 (administering a substance with intent);
(at) section 62 (committing an offence with intent to commit a sexual offence);
(au) section 63 (trespass with intent to commit a sexual offence);
(av) section 64 (sex with an adult relative: penetration);
(aw) section 65 (sex with an adult relative: consenting to penetration);
(ax) section 66 (exposure);
(axa) section 66A (sending etc photograph or film of genitals);
(axb) section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation);
(axc) section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);
(ay) section 67 (voyeurism);
(az) section 69 (intercourse with an animal);
(ba) section 70 (sexual penetration of a corpse).
Modern Slavery Act 2015
39 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).
Inchoate offences
40 An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.
PART 3 Specified terrorism offences
Terrorism Act 2000
41 An offence under any of the following provisions of the Terrorism Act 2000—
(a) section 11 (membership of a proscribed organisation);
(b) section 12 (inviting support for a proscribed organisation);
(c) section 54 (weapons training);
(d) section 56 (directing terrorist organisation);
(e) section 57 (possession of article for terrorist purposes);
(f) section 58 (collection of information likely to be of use to a terrorist);
(g) section 58A (publishing information about members of the armed forces);
(h) section 58B (entering or remaining in a designated area);
(i) section 59 (inciting terrorism overseas).
Anti-terrorism, Crime and Security Act 2001
42 An offence under section 113 of the Anti-Terrorism, Crime and Security Act 2001 (use of noxious substance or thing to cause harm or intimidate).
Terrorism Act 2006
43 An offence under any of the following provisions of the Terrorism Act 2006—
(a) section 1 (encouragement of terrorism);
(b) section 2 (dissemination of terrorist publications);
(c) section 5 (preparation of terrorist acts);
(d) section 6 (training for terrorism);
(e) section 8 (attendance at a place used for terrorist training);
(f) section 9 (making or possession of radioactive device or material);
(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);
(h) section 11 (terrorist threats relating to radioactive devices etc).
Inchoate offences
44 An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.
Section 307
Common law offences
1 Manslaughter.
2 Kidnapping.
3 False imprisonment.
Offences against the Person Act 1861
4 An offence under any of the following provisions of the Offences against the Person Act 1861—
(a) section 4 (soliciting murder);
(b) section 18 (wounding with intent to cause grievous bodily harm);
(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);
(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);
(e) section 28 (causing bodily injury by explosives);
(f) section 29 (using explosives etc with intent to do grievous bodily harm);
(g) section 32 (endangering the safety of railway passengers).
Explosive Substances Act 1883
5 An offence under either of the following provisions of the Explosive Substances Act 1883—
(a) section 2 (causing explosion likely to endanger life or property);
(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).
6 An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.
Infant Life (Preservation) Act 1929
7 An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).
Infanticide Act 1938
8 An offence under section 1 of the Infanticide Act 1938 (infanticide).
Firearms Act 1968
9 An offence under any of the following provisions of the Firearms Act 1968—
(a) section 16 (possession of firearm with intent to endanger life);
(b) section 17(1) (use of firearm to resist arrest);
(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);
(d) section 18 (carrying a firearm with criminal intent).
Theft Act 1968
10 An offence under either of the following provisions of the Theft Act 1968—
(a) section 8 (robbery or assault with intent to rob);
(b) section 10 (aggravated burglary).
Criminal Damage Act 1971
11 An offence of arson under section 1 of the Criminal Damage Act 1971.
12 An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.
Taking of Hostages Act 1982
13 An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).
Aviation Security Act 1982
14 An offence under any of the following provisions of the Aviation Security Act 1982—
(a) section 1 (hijacking);
(b) section 2 (destroying, damaging or endangering safety of aircraft);
(c) section 3 (other acts endangering or likely to endanger safety of aircraft).
Criminal Justice Act 1988
15 An offence under section 134 of the Criminal Justice Act 1988 (torture).
Aviation and Maritime Security Act 1990
16 An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—
(a) section 1 (endangering safety at aerodromes);
(b) section 9 (hijacking of ships);
(c) section 10 (seizing or exercising control of fixed platforms);
(d) section 11 (destroying fixed platforms or endangering their safety);
(e) section 12 (other acts endangering or likely to endanger safe navigation);
(f) section 13 (offences involving threats).
Channel Tunnel (Security) Order 1994
17 An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).
Terrorism Act 2000
18 An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—
Provision of the Terrorism Act 2000 | Condition
(a) Section 54 (weapons training) | The offence was committed on or after 13 April 2015
(b) Section 56 (directing terrorist organisation) | The offence was committed on or after 12 January 2010.
(c) Section 59 (inciting terrorism overseas) | The offence was committed on or after 12 January 2010 and the offender is liable on conviction on indictment to imprisonment for life.
Anti-terrorism, Crime and Security Act 2001
19 An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—
(a) section 47 (use etc of nuclear weapons);
(b) section 50 (assisting or inducing certain weapons-related acts overseas).
Sexual Offences Act 2003
20 An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—
Provision of the Sexual Offences Act 2003 | Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent) | The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 8 (causing or inciting a child under 13 to engage in sexual activity) | The offender is liable on conviction on indictment to imprisonment for life
(g) Section 30 (sexual activity with a person with a mental disorder impeding choice) | The offender is liable on conviction on indictment to imprisonment for life
(h) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) | The offender is liable on conviction on indictment to imprisonment for life
(i) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) | The offender is liable on conviction on indictment to imprisonment for life
(j) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) | The offender is liable on conviction on indictment to imprisonment for life
(k) Section 47 (paying for sexual services of a child) against a person aged under 16 | The offender is liable on conviction on indictment to imprisonment for life
(l) Section 62 (committing an offence with intent to commit a sexual offence) | The offender is liable on conviction on indictment to imprisonment for life.
Domestic Violence, Crime and Victims Act 2004
20A (1) An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 that meets the conditions in sub-paragraph (2).
(2) The conditions are that—
(a) the unlawful act to which the offence relates was an act that occurred, or so much of an act as occurred, on or after the day on which section 123 of the Police, Crime, Sentencing and Courts Act 2022 came into force, and
(b) the offender is liable on conviction on indictment to imprisonment for life.
Terrorism Act 2006
21 An offence under any of the provisions of the Terrorism Act 2006 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—
Provision of the Terrorism Act 2006 | Condition
(a) Section 5 (preparation of terrorist acts) | The offence was committed on or after 12 January 2010
(b Section 6 (training for terrorism) | The offence was committed on or after 13 April 2015
(c) Section 9 (making or possession of radioactive device or material) | The offence was committed on or after 12 January 2010
(d) Section 10 (misuse of radioactive device or material for terrorist purposes etc) | The offence was committed on or after 12 January 2010
(e) Section 11 (terrorist threats relating to radioactive devices etc) | The offence was committed on or after 12 January 2010.
Modern Slavery Act 2015
22 An offence under either of the following provisions of the Modern Slavery Act 2015—
(a) section 1 (slavery, servitude and forced or compulsory labour);
(b) section 2 of that Act (human trafficking).
Inchoate offences
23 An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.
24 (1) An attempt to commit murder.
(2) Conspiracy to commit murder.
(3) An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder.
SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences
Sections 249 and 311
PART 1 Offences
1 An offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring weapon or ammunition) committed on or after 22 January 2004.
1A An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after 6th April 2022.
2 An offence under section 5(1A)(a) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring firearm disguised as another object) committed on or after 22 January 2004.
3 An offence under section 5(2A) of the Firearms Act 1968 (manufacture, sale or transfer of firearm or ammunition, or possession etc for sale or transfer)—
(a) committed in respect of a relevant firearm or relevant ammunition, or
(b) committed on or after 6th April 2022 in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.
4 (1) An offence under any of the provisions of the Firearms Act 1968 listed in sub-paragraph (2)—
(a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or
(b) committed on or after 6th April 2022 in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.
(2) Those provisions are—
section 16 (possession of firearm or ammunition with intent to injure);
section 16A (possession of firearm with intent to cause fear or violence);
section 17 (use of firearm to resist arrest);
section 18 (carrying firearm with criminal intent);
section 19 (carrying a firearm in a public place);
section 20(1) (trespassing in a building with firearm).
5 An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), where—
(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 6th April 2022 in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.
PART 2 Interpretation of Schedule
6 In this Schedule—
“relevant firearm” means a firearm specified in any of the following provisions of section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—
subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (af);
subsection (1A)(a);
“relevant ammunition” means ammunition specified in subsection (1)(c) of that section.
For this purpose, “firearm” and “ammunition” have the same meanings as in the Firearms Act 1968.
SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc
Section 322
Interpretation
1 In this Schedule—
“child” means a person aged under 18;
“mandatory life sentence” means a mandatory life sentence passed in circumstances where the sentence is fixed by law.
Starting points
2 (1) If—
(a) the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and
(b) the offender was aged 21 or over when the offence was committed,
the appropriate starting point is a whole life order.
(2) Cases that would normally fall within sub-paragraph (1)(a) include—
(a) the murder of two or more persons, where each murder involves any of the following—
(i) a substantial degree of premeditation or planning,
(ii) the abduction of the victim, or
(iii) sexual or sadistic conduct,
(b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation,
(ba) the murder of a child involving a substantial degree of premeditation or planning, where the offence was committed on or after the day on which section 125 of the Police, Crime, Sentencing and Courts Act 2022 came into force,
(c) the murder of a police officer or prison officer in the course of his or her duty, where the offence was committed on or after 13 April 2015,
(ca) the murder of an officer of a provider of probation services in the course of his or her duty, where the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,
(cb) the murder of a person who was serving or had ceased to serve as a police officer, a prison officer or an officer of a provider of probation services where—
(i) the offence was motivated wholly or partly by something done by the victim in the course of their duty as a police officer, a prison officer or an officer of a provider of probation services, and
(ii) the offence was committed on or after the day on which section 11 of the Sentencing Act 2026 came into force,
(d) a murder done for the purpose of advancing a political, religious, racial or ideological cause, or
(e) a murder by an offender previously convicted of murder.
3 (1) If—
(a) the case does not fall within paragraph 2(1) but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high, and
(b) the offender was aged 18 or over when the offence was committed,
the appropriate starting point, in determining the minimum term, is 30 years.
(2) Cases that (if not falling within paragraph 2(1)) would normally fall within sub-paragraph (1)(a) include—
(a) in the case of a offence committed before 13 April 2015, the murder of a police officer or prison officer in the course of his or her duty,
(b) a murder involving the use of a firearm or explosive,
(c) a murder done for gain (such as a murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death),
(d) a murder intended to obstruct or interfere with the course of justice,
(e) a murder involving sexual or sadistic conduct,
(f) the murder of two or more persons,
(g) a murder that is aggravated by racial or religious hostility or by hostility related to sexual orientation,
(h) a murder that is aggravated by hostility related to disability or transgender identity, where the offence was committed on or after 3 December 2012 (or over a period, or at some time during a period, ending on or after that date),
(i) a murder falling within paragraph 2(2) committed by an offender who was aged under 21 when the offence was committed.
(3) An offence is aggravated in any of the ways mentioned in sub-paragraph (2)(g) or (h) if section 66 requires the court to treat the fact that it is so aggravated as an aggravating factor.
4 (1) If—
(a) the case does not fall within paragraph 2(1) or 3(1),
(b) the offence falls within sub-paragraph (2), ...
(c) the offender was aged 18 or over when the offence was committed, and
(d) the offence was committed on or after 2 March 2010,
the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.
(2) The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to—
(a) commit any offence, or
(b) have it available to use as a weapon,
and used that knife or other weapon in committing the murder.
5 If the offender was aged 18 or over when the offence was committed and the case does not fall within paragraph 2(1), 3(1) or 4(1), the appropriate starting point, in determining the minimum term, is 15 years.
5A (1) This paragraph applies if—
(a) the offender was aged under 18 when the offence was committed, and
(b) the offender was convicted of the offence on or after the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
(2) The appropriate starting point, in determining the minimum term, is the period given in the entry in column 2, 3 or 4 of the following table that corresponds to—
(a) the age of the offender when the offence was committed, as set out in column 1, and
(b) the provision of this Schedule that would have supplied the appropriate starting point had the offender been aged 18 when the offence was committed, as set out in the headings to columns 2, 3 and 4.
1 | 2 | 3 | 4
Age of offender when offence committed | Starting point supplied by paragraph 3(1) had offender been 18 | Starting point supplied by paragraph 4(1) had offender been 18 | Starting point supplied by paragraph 5 had offender been 18
17 | 27 years | 23 years | 14 years
15 or 16 | 20 years | 17 years | 10 years
14 or under | 15 years | 13 years | 8 years
6 (1) This paragraph applies if—
(a) the offender was aged under 18 when the offence was committed, and
(b) the offender was convicted of the offence before the day on which section 127 of the Police, Crime, Sentencing and Courts Act 2022 came into force.
(2) The appropriate starting point, in determining the minimum term, is 12 years.
Aggravating and mitigating factors
7 Having chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.
8 Detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.
9 Aggravating factors (additional to those mentioned in paragraphs 2(2), 3(2) and 4(2)) that may be relevant to the offence of murder include—
(a) a significant degree of planning or premeditation,
(b) the fact that the victim was particularly vulnerable because of age or disability,
(ba) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the offender had repeatedly or continuously engaged in behaviour towards the victim that was controlling or coercive and, at the time of the behaviour, the offender and the victim were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,
(bb) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder was connected with—
(i) the end of the offender’s intimate personal relationship with the victim,
(ii) the victim intending to bring about the end of that intimate personal relationship, or
(iii) a belief by the offender as to a thing mentioned in sub-paragraph (i) or (ii),
(c) mental or physical suffering inflicted on the victim before death,
(ca) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2025 came into force, the fact that the murder involved strangulation, suffocation or asphyxiation,
(d) the abuse of a position of trust,
(e) the use of duress or threats against another person to facilitate the commission of the offence,
(f) the fact that victim was providing a public service or performing a public duty, ...
(fa) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the use of sustained and excessive violence towards the victim, and
(g) concealment, destruction or dismemberment of the body.
10 Mitigating factors that may be relevant to the offence of murder include—
(a) an intention to cause serious bodily harm rather than to kill,
(b) lack of premeditation,
(c) the fact that the offender suffered from any mental disorder or mental disability which (although not falling within section 2(1) of the Homicide Act 1957) lowered the offender's degree of culpability,
(ca) where the offence was committed on or after the day on which the Sentencing Act 2020 (Amendment of Schedule 21) Regulations 2024 came into force, the fact that the victim had repeatedly or continuously engaged in behaviour towards the offender that was controlling or coercive and, at the time of the behaviour, the victim and the offender were personally connected within the meaning of section 76(6) to (7) of the Serious Crime Act 2015,
(d) the fact that the offender was provoked (for example, by prolonged stress) but, in the case of a murder committed before 4 October 2010, in a way not amounting to a defence of provocation,
(e) the fact that the offender acted to any extent in self-defence or, in the case of a murder committed on or after 4 October 2010, in fear of violence,
(f) a belief by the offender that the murder was an act of mercy, and
(g) the age of the offender.
11 Nothing in this Schedule restricts the application of—
(a) section 65 (previous convictions),
(b) section 64 (bail), or
(c) section 73 (guilty plea),
or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.
Offences committed before 18 December 2003
12 (1) This paragraph applies where the offence was committed before 18 December 2003.
(2) If the court makes a minimum term order, the minimum term must, in the opinion of the court, be no be greater than the period which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify to the offender as the minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence.
(3) The court may not make a whole life order unless it is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify the prisoner that the Secretary of State did not intend that the prisoner should ever be released on licence.
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”.
Section 409
PART 2 Orders for conditional discharge
2 (1) The Secretary of State may by regulations amend subsection (5) of section 80 by substituting such period as may be specified in the regulations for the maximum period for the time being specified in that subsection.
(2) Regulations under this paragraph are subject to the affirmative resolution procedure.
(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
PART 3 Referral orders
Power to amend descriptions of offender for certain purposes connected with referral orders
3 (1) The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made.
(2) The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.
(3) Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—
(a) the offender's age,
(b) how the offender has pleaded,
(c) the offence (or offences) of which the offender has been convicted,
(d) the offender's previous convictions (if any),
(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court, and
(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).
(4) Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to alter amount of fine in respect of referral order on referral back to court
4 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 9(3) of Schedule 4 (power to impose fine where offender fails to comply with youth offender contract).
(2) Regulations under this paragraph are subject to the affirmative resolution procedure.
(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
PART 4 Fines and compensation orders
Standard scale
5 (1) The Secretary of State may by regulations amend section 122 so as to provide for such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date to have effect in place of any sum for the time being specified as a level on the standard scale, in relation to offences committed after the regulations come into force.
(2) In sub-paragraph (1), the “relevant date” means—
(a) 1 October 1992, or
(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph or paragraph 6, the date of those regulations.
(3) Regulations under this paragraph are subject to the negative resolution procedure.
(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.
(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
6 (1) The Secretary of State may by regulations amend section 122 so as to provide for such sums as the Secretary of State considers appropriate to have effect in place of the sums for the time being specified as levels 1 to 4 on the standard scale in relation to offences committed after the regulations come into force.
(2) Regulations under this paragraph may not alter the ratio of one of those levels to another.
(3) Regulations under this paragraph are subject to the affirmative resolution procedure.
(4) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
Power to alter limits on fines and compensation orders etc in magistrates' court
7 (1) The Secretary of State may by regulations substitute, for a sum for the time being specified in any of the following provisions, such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date, in relation to offences committed after the regulations come into force—
section 123 | limit on magistrates' court fine for young offender
section 129 | limit on term in default of payment of fine
section 139 | limit on magistrates' court compensation order for young offender
section 376(2)(b) or (8) | limits on recognizance for parent or guardian of young offender, or fine for unreasonable refusal to enter into recognizance
paragraph 2(2)(a) of Schedule 5 | limit on fine on breach of requirement of reparation order
(2) In sub-paragraph (1), the “relevant date” means—
(a) 1 October 1992, or
(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph, the date of those regulations.
(3) Regulations under this paragraph are subject to the negative resolution procedure.
(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.
(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
PART 5 Youth rehabilitation orders
Responsible officer
8 (1) The Secretary of State may by regulations—
(a) amend section 191 (meaning of “the responsible officer”), and
(b) make any other amendments of—
(i) Chapter 1 of Part 9 (youth rehabilitation orders), or
(ii) any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),
that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).
(2) Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.
(3) Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend limits
9 (1) The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—
(a) paragraph 10(3) (unpaid work requirement), or
(b) paragraph 18(4) or (4A) (curfew requirement).
(2) The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—
(a) paragraph 18(5) (curfew requirement);
(b) paragraph 20(3) (exclusion requirement);
(c) paragraph 24(4)(a) (local authority residence requirement);
(d) paragraph 26(3)(a) (fostering requirement).
(3) Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.
(4) Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend fines for breach of youth rehabilitation order
10 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order).
(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
(3) In sub-paragraph (2), “the relevant date” means—
(a) 3 December 2012, or
(b) if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.
(4) Regulations under this paragraph are subject to the negative resolution procedure.
Maximum period of fostering requirement where imposed by virtue of Schedule 7
11 (1) The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 by substituting, for—
(a) the period of 18 months specified in the provision, or
(b) any other period which may be so specified by virtue of previous regulations under this paragraph,
such other period as may be specified in the regulations.
(2) Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland
12 (1) This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction.
(2) The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.
(3) Regulations under this paragraph are subject to the negative resolution procedure.
PART 6 Community requirements
Power to amend limits
13 (1) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in—
(a) paragraph 2(1) of Schedule 9 (unpaid work requirement), or
(b) paragraph 9(4) or (4A) of that Schedule (curfew requirement).
(2) The Secretary of State may by regulations substitute any period of time for the time being specified in—
(a) paragraph 9(6) of Schedule 9 (curfew requirement);
(b) paragraph 11(4) of that Schedule (exclusion requirement);
(c) paragraph 25(4)(b) of that Schedule (alcohol abstinence and monitoring requirement).
(3) Regulations under this paragraph are subject to the affirmative resolution procedure.
Power to add or alter requirements
13A (1) The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—
(a) add a relevant requirement;
(b) make provision about a relevant requirement added pursuant to paragraph (a);
(c) alter provision about a relevant requirement that applies for the time being.
(2) In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.
(3) Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).
The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.
(4) Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.
(5) Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.
(6) Regulations under this paragraph are subject to the affirmative resolution procedure.
PART 7 Community orders
Breach of community order: power to amend amounts of fines
14 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (breach etc of community order).
(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
(3) In sub-paragraph (2), “the relevant date” means—
(a) if the sum specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (as the case may be) has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;
(b) otherwise, 3 December 2012.
(4) Regulations under this paragraph are subject to the negative resolution procedure.
PART 8 Custodial sentences
General limit on magistrates’ court’s power to impose custodial sentence
14A (1) The Secretary of State may by regulations amend section 224(1A)(b) (general limit on custodial sentence for either-way offence in magistrates’ court)—
(a) if for the time being it refers to 12 months, to substitute a reference to 6 months for the reference to 12 months, or
(b) if for the time being it refers to 6 months, to substitute a reference to 12 months for the reference to 6 months.
(2) An amendment under sub-paragraph (1) has effect only in relation to an offence for which a person is convicted on or after the day on which the amendment comes into force.
(3) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.
Detention and training orders: end of period of supervision
15 (1) Subject to sub-paragraphs (2) and (3), the Secretary of State may by regulations amend section 242 (detention and training order: period of supervision) as it has effect for the time being so as to alter the point at which the period of supervision of a detention and training order is to end.
(2) The period of supervision must end no later than the end of the term of the order.
(3) Regulations under this paragraph may not include provision about cases in which—
(a) the offender is aged 18 or over at the half-way point of the term of the detention and training order, and
(b) the order was made in respect of an offence committed on or after 1 February 2015.
(4) Expressions used in this paragraph and sections 233 to 237 have the same meanings in this paragraph as in those sections.
(5) For the purposes of sub-paragraph (3)(b), where an offence is found to have been committed—
(a) over a period of 2 or more days, or
(b) at some time during a period of 2 or more days,
it is to be taken to have been committed on the last of those days.
(6) Regulations under this paragraph are subject to the affirmative resolution procedure.
(7) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.
Offenders of particular concern: listed offences
16 (1) The Secretary of State may by regulations amend Schedule 13 by—
(a) adding offences, or
(b) varying or omitting offences listed in the Schedule.
(2) Regulations under this paragraph are subject to the affirmative resolution procedure.
Suspended sentence order: power to amend amounts of fines
17 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 13(1)(c) of Schedule 16 to the Code (breach etc of community requirement of suspended sentence order or conviction of further offence).
(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.
(3) In sub-paragraph (2), “the relevant date” means—
(a) if the sum specified in paragraph 13(1)(c) of Schedule 16 to the Code has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;
(b) otherwise, 3 December 2012.
(4) Regulations under this paragraph are subject to the negative resolution procedure.
Power to exclude application of minimum sentences to those under 18
18 (1) The Secretary of State may by regulations—
(a) amend section 311(1)(b) (minimum sentence for certain offences involving firearms that are prohibited weapons) by substituting for the word “16” the word “18”;
(b) repeal section 252(1)(b) (maximum sentence of detention in case where minimum sentence required under section 311).
(2) Regulations under this paragraph may make such other provision as the Secretary of State considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).
The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.
(3) Regulations under this paragraph may make provision in relation to offences even if committed, or the offender was convicted, before the regulations come into force.
(4) Regulations under this paragraph are subject to the affirmative resolution procedure.
Determining minimum term of mandatory life sentence
19 (1) The Lord Chancellor may by regulations amend Schedule 21.
(2) Before making regulations under sub-paragraph (1), the Lord Chancellor must consult the Sentencing Council for England and Wales.
(3) Regulations under this paragraph may not have effect in relation to any offence committed before the regulations come into force.
(4) Regulations under this paragraph are subject to the affirmative resolution procedure.
Section 410
PART 1 Acts of Parliament
Children and Young Persons Act 1933 (c. 12)
1 In section 34(7B) of the Children and Young Persons Act 1933—
(a) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ section 173 of the Sentencing Code ”;
(b) for “section 4 of that Act” substitute “ section 191 of that Code ”.
2 (1) Section 49 of that Act is amended as follows.
(2) In subsection (2)(c), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.
(3) In subsection (4A)—
(a) in paragraph (d), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;
(b) in paragraph (e), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”.
(4) In subsection (10), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.
(5) In subsection (11)—
(a) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
(b) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
(c) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
3 (1) Section 58 of that Act is amended as follows.
(2) After the first paragraph (a) insert—
(aa) a child or young person sentenced to be detained under section 250 of the Sentencing Code with respect to whom the Secretary of State is authorised to give directions under section 260 of that Code; or
.
(3) In the second paragraph (a), before “section 91” insert “ section 250 or ”.
Prison Act 1952 (c. 52)
4 In section 13(2) of the Prison Act 1952, after “or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 271, 276 or 329 of the Sentencing Code ”.
5 In section 49(5)(c) of that Act, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.
Prevention of Crime Act 1953 (c. 14)
6 In section 1 of the Prevention of Crime Act 1953, after subsection (2) insert—
(2ZA) See section 315 of the Sentencing Code for provision about the sentence which the court may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.
7 In section 1A of that Act, after subsection (4) insert—
(4A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.
Copyright Act 1956 (c. 74)
8 In section 21 of the Copyright Act 1956, for subsection (7C) substitute—
(7C) In subsection (7A) of this section “the standard scale”—
(a) in relation to England and Wales and Northern Ireland, has the meaning given by section 122 of the Sentencing Code;
(b) in relation to Scotland, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995.
For the purposes of paragraph (a), section 122 of the Sentencing Code, and regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 which alter the sums specified in that section, shall extend to Northern Ireland.
Criminal Appeal Act 1968 (c. 19)
9 In section 9(1A) of the Criminal Appeal Act 1968—
(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;
(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.
10 In section 10(2)(b) of that Act—
(a) in sub-paragraph (ii), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;
(b) in sub-paragraph (iii), for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of that Code ”.
11 After section 30A of that Act insert—
Criminal courts charge
30B The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Court of Appeal—
(a) when dismissing an appeal under this Part of this Act by a person convicted of an offence against the person's conviction or sentence for the offence;
(b) when dismissing an application for leave to bring such an appeal.
12 In section 50(1A) of that Act, for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.
13 In Schedule 2 to that Act, in paragraph 2(4), after “Sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.
Court Martial Appeals Act 1968 (c. 20)
14 In section 8(1ZA) of the Court Martial Appeals Act 1968—
(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;
(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.
Firearms Act 1968 (c. 27)
15 (1) Section 21 of the Firearms Act 1968 is amended as follows.
(2) In subsection (2A)(c)(ii), after “section 104 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3 of Schedule 12 to the Sentencing Code ”.
(3) In subsection (2C)(b), after “section 189 of the Criminal Justice Act 2003” insert “ or section 264 or 277 of the Sentencing Code ”.
(4) In subsection (3ZA)(a)—
(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;
(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.
16 (1) Section 51A of that Act is amended as follows.
(2) In subsection (1)—
(a) for “This section applies” substitute “ Subsections (2) to (5) apply ”;
(b) in paragraph (a), after “convicted” insert “ in Scotland ”.
(3) After subsection (5) insert—
(6) For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.
17 In section 52(1A)(a) of that Act—
(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;
(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.
Health Services and Public Health Act 1968 (c. 46)
18 In section 64(3)(a) of the Health Services and Public Health Act 1968—
(a) in sub-paragraph (xxi), before “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ section 260 of the Sentencing Code or ”;
(b) in sub-paragraph (xxii), before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.
19 In section 65(3)(b)(xxii) of that Act, before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.
Civil Evidence Act 1968 (c. 64)
20 In section 11(5)(a) of the Civil Evidence Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Social Work (Scotland) Act 1968 (c. 49)
21 In section 94(1) of the Social Work (Scotland) Act 1968, in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
22 In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Children and Young Persons Act 1969 (c. 54)
23 In section 30(1) of the Children and Young Persons Act 1969, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.
24 (1) Section 32 of that Act is amended as follows.
(2) In subsection (1A)—
(a) in paragraph (a), for the words after “has been taken under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or ”;
(b) in paragraph (b)(i), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;
(c) in paragraph (b)(ii), for the words after “has been remanded under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or ”.
(3) In subsection (1C)—
(a) in paragraph (a), for the words after “made the arrangements under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; ”;
(b) in paragraph (b), for “paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24(3)(b) of Schedule 6 to the Sentencing Code ”;
(c) in paragraph (c), for the words after “designated under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; ”.
(4) In subsection (1D)(b), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 191 of the Sentencing Code ”.
(5) In subsection (1E)(b), for “paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 26(2)(b) of Schedule 6 to the Sentencing Code ”.
25 In section 70(1) of that Act—
(a) in the definition of “local authority residence requirement”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code ”;
(b) in the definition of “youth rehabilitation order” and “youth rehabilitation order with fostering”, for “the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act)” substitute “ the meanings given by sections 173 and 176 of the Sentencing Code ”.
Administration of Justice Act 1970 (c. 31)
26 (1) Schedule 9 to the Administration of Justice Act 1970 is amended as follows.
(2) In paragraph 9A, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
(3) In paragraph 10, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
(4) In paragraph 12, for “section 137 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 380 of the Sentencing Code ”.
(5) In paragraph 12A, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
Misuse of Drugs Act 1971 (c. 38)
27 (1) Section 4A of the Misuse of Drugs Act 1971 is amended as follows.
(2) In subsection (1)—
(a) for “This section applies” substitute “ Subsections (2) to (8) apply ”;
(b) in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.
(3) After subsection (8) insert—
(9) For the requirement for a court in England and Wales considering the seriousness of an offence under section 4(3) of this Act to treat certain matters as aggravating factors, see section 71 of the Sentencing Code.
Juries Act 1974 (c. 23)
28 (1) Schedule 1 to the Juries Act 1974 is amended as follows.
(2) In paragraph 6(d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
(3) In paragraph 7(b), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
Consumer Credit Act 1974 (c. 39)
29 In section 119(2) of the Consumer Credit Act 1974, for “section 148 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.
Solicitors Act 1974 (c. 47)
30 In section 43(7) of the Solicitors Act 1974, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Rehabilitation of Offenders Act 1974 (c. 53)
31 (1) Section 1 of the Rehabilitation of Offenders Act 1974 is amended as follows.
(2) In subsection (3)—
(a) in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”;
(b) in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “ or section 46 of the Sentencing Code ”.
(3) In subsection (4), for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
32 (1) Section 5 of that Act, as it extends to England and Wales, is amended as follows.
(2) In subsection (1)(d)—
(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;
(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.
(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
(4) In subsection (7)(e), after “section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3(2) of Schedule 12 to the Sentencing Code ”.
(5) In subsection (8)—
(a) in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(b) in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;
(c) in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 250 of the Sentencing Code ”;
(d) in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ within the meaning given by section 233 of the Sentencing Code ”;
(e) in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 6 of the Sentencing Code ”;
(f) in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 6 of the Sentencing Code ”.
33 (1) Section 5 of that Act, as it extends to Scotland, is amended—
(a) if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before 1 December 2020, as set out in sub-paragraphs (2) and (3);
(b) if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).
(2) In subsection (1)(d)—
(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;
(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.
(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
(4) In subsection (2), in Table B, in the fourth entry, after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
(5) In subsection (4A), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
(6) In subsection (4B)—
(a) in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 1 of Part 6 of the Sentencing Code ”;
(b) in paragraph (a)—
(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;
(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.
(7) In subsection (4C)—
(a) in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 15 of Schedule 4 to the Sentencing Code ”;
(b) in paragraph (a)—
(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;
(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.
(8) In subsection (5)(da), after “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ or Chapter 1 of Part 9 of the Sentencing Code ”.
(9) In subsection (6A), after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code, ”.
(10) In subsection (9)(b), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
34 In section 7(2)(d) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Bail Act 1976 (c. 63)
35 In section 2(2) of the Bail Act 1976—
(a) in the definition of “custodial sentence”, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”;
(b) in the definition of “probation hostel”, for “by a community order under section 177 of the Criminal Justice Act 2003” substitute “ by a community order under Chapter 2 of Part 9 of the Sentencing Code ”;
(c) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
(d) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
(e) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
36 In section 4(3) of that Act—
(a) in paragraph (za), for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;
(b) in paragraph (zb), for “Schedule 8 to that Act” substitute “ Schedule 5 to that Code ”;
(c) in paragraph (a), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”;
(d) in paragraph (b), for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to that Code ”.
37 (1) Schedule 1 to that Act is amended as follows.
(2) In paragraph 6B(1)(b) of Part 1, for sub-paragraph (ii) substitute—
(ii) under section 34A of the Sentencing Code (pre-sentence drug testing),
.
(3) In paragraph 4 of Part 3, in the definition of “default”, for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to the Sentencing Code ”.
Criminal Law Act 1977 (c. 45)
38 In section 3(1) of the Criminal Law Act 1977, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.
Interpretation Act 1978 (c. 30)
39 (1) Schedule 1 to the Interpretation Act 1978 is amended as follows.
(2) At the appropriate place insert—
“The Sentencing Code” means the code contained in the Sentencing Act 2020 (see section 1 of that Act).
(3) In paragraph (a) of the definition of “The standard scale”, for “has the meaning given by section 37 of the Criminal Justice Act 1982” substitute “ has the meaning given by section 122 of the Sentencing Code (or, in the case of an offence of which the offender was convicted before that Act came into force, section 37 of the Criminal Justice Act 1982) ”.
Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
40 In section 5(2)(a) of the Ancient Monuments and Archaeological Areas Act 1979, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
41 In section 29 of that Act, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
42 In section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.
Magistrates' Courts Act 1980 (c. 43)
43 In section 11(3) of the Magistrates' Courts Act 1980 (“the MCA 1980”), for “paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justice Act 2003” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.
44 In section 17A(4)(b) of the MCA 1980—
(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;
(b) for “subsection (2)” substitute “ subsection (1)(b) ”.
45 In section 17D(2)(b) of the MCA 1980, for “sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 14 and 18 of the Sentencing Code ”.
46 In section 20(2)(c) of the MCA 1980—
(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;
(b) for “subsection (2)” substitute “ subsection (1)(b) ”.
47 (1) Section 20A of the MCA 1980 is amended as follows.
(2) In subsection (2), for “sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 15(4), 18(8) and 21(6) of the Sentencing Code ”.
(3) In subsection (6), for “the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.
48 In section 24(3) of the MCA 1980, for “section 89(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227(1) of the Sentencing Code ”.
49 In section 24A(5)(b) of the MCA 1980—
(a) for “section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;
(b) for “under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section” substitute “ under section 16 or 17 of that Act if the court is of such opinion as is mentioned in section 16(1)(c) or (if applicable) section 17(1)(b) ”.
50 (1) Section 81 of the MCA 1980 is amended as follows.
(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.
(3) In subsection (8), in the definition of “sum adjudged to be paid by a conviction”, for “an order under section 130 of the said Act of 2000 (compensation orders)” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) ”.
51 In section 82(1A) of the MCA 1980—
(a) in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;
(b) in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of that Code ”.
52 In section 85(3A)(b) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
53 In section 91(3) of the MCA 1980, for “section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132(1) of the Sentencing Code ”.
54 (1) Section 108 of the MCA 1980 is amended as follows.
(2) In subsection (1A), for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.
(3) In subsection (4), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
(4) In subsection (5), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
55 In section 113(3) of the MCA 1980 as amended by the Sentencing (Pre-consolidation Amendments) Act 2020, for “section 3, 3A, 3B or 3C of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14, 15, 16 or 17 of the Sentencing Code ”.
56 In section 121(5A) of the MCA 1980—
(a) in paragraph (d), for “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;
(b) in paragraph (e), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”;
(c) in paragraph (h), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
57 In section 125D(3)(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.
58 In section 126(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.
59 In section 133(1) of the MCA 1980, for “section 265 of the Criminal Justice Act 2003” substitute “ section 225 of the Sentencing Code ”.
60 In section 139(aa) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
61 In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (bb)(v) of Part 2, after “within the meaning of section 177 of the Criminal Justice Act 2003” insert “ or imposed under Chapter 2 of Part 9 of the Sentencing Code ”.
Imprisonment (Temporary Provisions) Act 1980 (c. 57)
62 In section 6(1) of the Imprisonment (Temporary Provisions) Act 1980, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.
Public Passenger Vehicles Act 1981 (c. 14)
63 In Schedule 3 to the Public Passenger Vehicles Act 1981, in paragraph 1(6), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
Criminal Attempts Act 1981 (c. 47)
64 In section 4(5)(b) of the Criminal Attempts Act 1981, for sub-paragraph (ii) substitute—
(ii) in section 224(1) and (2) (general limit on magistrates' court's powers to impose imprisonment etc) of the Sentencing Code.
Contempt of Court Act 1981 (c. 49)
65 In section 12(5) of the Contempt of Court Act 1981, for “Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 123 of the Sentencing Code ”.
66 In section 16(3) of that Act, for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.
67 In Schedule 1 to that Act, in paragraph 6, for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
Senior Courts Act 1981 (c. 54)
68 After section 52 of the Senior Courts Act 1981 insert—
Appeals to Crown Court: criminal courts charge
52A The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Crown Court when dismissing an appeal by a person convicted of an offence against conviction or sentence for the offence.
69 (1) Section 140 of that Act is amended as follows.
(2) In subsection (3), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.
(3) In subsection (5), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.
Criminal Justice Act 1982 (c. 48)
70 In section 32(1A) of the Criminal Justice Act 1982—
(a) in paragraph (d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
(b) in paragraph (e), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”.
71 In section 46(3) of that Act—
(a) for “an order under section 143 of the Magistrates' Courts Act 1980 alters the sums specified in section 37(2) above” substitute “ regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 alter the sums specified in section 122(1) of the Sentencing Code ”;
(b) for “the order” substitute “ the regulations ”.
72 (1) Schedule 13 to that Act is amended as follows.
(2) In paragraph 7—
(a) in sub-paragraph (1), in sub-paragraph (b) of the substituted text—
(i) for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(ii) for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;
(b) in sub-paragraph (3)(b), for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(c) in sub-paragraph (4)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part 9 ”.
(3) In paragraph 9—
(a) in sub-paragraph (3)(a), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(b) in sub-paragraph (3)(aa), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;
(c) in sub-paragraph (6)(b)(i)—
(i) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(ii) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
(4) In paragraph 10—
(a) in the definition of “community order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(b) in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Mental Health Act 1983 (c. 20)
73 (1) Section 37 of the Mental Health Act 1983 is amended as follows.
(2) In subsection (1A), for the words from “imposed” to “nothing” substitute “ imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing ”.
(3) For subsection (1B) substitute—
(1B) For the purposes of subsection (1A) above—
(a) a sentence falls to be imposed under section 258 of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code;
(b) a sentence falls to be imposed under section 273 or 274 of that Code if the court is obliged by that section to pass a sentence of custody for life;
(c) a sentence falls to be imposed under section 283 or 285 of that Code if the court is obliged by that section to pass a sentence of imprisonment for life;
(d) a sentence falls to be imposed under Chapter 7 of Part 10 of that Code if it is required by section 311(2), 312(2), 313(2), 314(2) or 315(2) of that Code and the court is not of the opinion there mentioned.
(4) In subsection (8)(a)—
(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;
(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.
(5) In subsection (8)(b), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83 of that Code ”.
(6) In subsection (8)(c), for “section 150 of that Act” substitute “ section 376 of that Code ”.
74 In section 43(4) of that Act, for “section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or 16 of the Sentencing Code ”.
Child Abduction Act 1984 (c. 37)
75 In the Schedule to the Child Abduction Act 1984, in paragraph 2(1)—
(a) for paragraph (a) substitute—
(a) detained in a place of safety under paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;
;
(b) for paragraph (b) substitute—
(b) remanded to local authority accommodation under paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;
.
Police and Criminal Evidence Act 1984 (c. 60)
76 In section 17(1)(cb)(ii) of the Police and Criminal Evidence Act 1984, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.
77 In section 38(6A) of that Act, in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
78 In section 63A(3B) of that Act, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code, ”.
79 In section 63K(6)(a) of that Act, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
80 In section 75(3)(a) of that Act—
(a) after “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 82 of the Sentencing Code ”;
(b) omit “probation or”.
Prosecution of Offences Act 1985 (c. 23)
81 In section 3(2) of the Prosecution of Offences Act 1985—
(a) in paragraph (fa), for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ Chapter 1 of Part 11 of the Sentencing Code ”;
(b) in paragraph (fb)—
(i) for “applications under section 27 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ applications under section 336 of the Sentencing Code ”;
(ii) for “section 22 of that Act” substitute “ Chapter 1 of Part 11 of that Code ”.
82 In section 7A(5) of that Act, in the definition of “preventative civil orders”—
(a) in paragraph (b), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”;
(b) in paragraph (c), after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.
83 (1) Section 19(3C) of that Act is amended as follows.
(2) For the definition of “community order” substitute—
“community order” has the meaning given by section 200 of the Sentencing Code;
.
(3) In the definition of “mental health treatment requirement”—
(a) in paragraph (a), for “under section 207 of the Criminal Justice Act 2003” substitute “ within the meaning given by paragraph 16 of Schedule 9 to the Sentencing Code ”;
(b) in paragraph (b), for “under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ within the meaning given by paragraph 28 of Schedule 6 to that Code ”.
(4) In the definition of “youth rehabilitation order”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.
Housing Act 1985 (c. 68)
84 In section 84A(5) of the Housing Act 1985, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert “ or section 339 of the Sentencing Code ”.
85 In Schedule 3 to that Act, under Ground 2A, in the definition of “relevant order”, for “an order under section 22 of that Act” substitute “ a criminal behaviour order within the meaning given by section 330 of the Sentencing Code ”.
Surrey Act 1985 (c. iii)
86 In section 2(1) of the Surrey Act 1985, in the definition of “the standard scale”, for “section 37 (3) of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.
Clwyd County Council Act 1985 (c. xliv)
87 In section 2(1) of the Clwyd County Council Act 1985, in the definition of “the standard scale”, for “section 37 of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.
Insolvency Act 1986 (c. 45)
88 In section 281(4A) of the Insolvency Act 1986, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
Criminal Justice Act 1988 (c. 33)
89 (1) Section 36 of the Criminal Justice Act 1988 is amended as follows.
(2) In subsection (2), for paragraph (b) substitute—
(b) failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.
(3) In subsection (3A), for “an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)” substitute “ a minimum term order made under section 321 of the Sentencing Code in respect of an offence the sentence for which is fixed by law ”.
(4) In subsection (9)—
(a) for paragraphs (aa) to (ac) substitute—
(aa) subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted
impose a sentence required by—
(i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,
(ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,
(iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or
(iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;
;
(b) in paragraph (c), for “an order specified in subsection (3B)” substitute “ a minimum term order made under section 321 of the Sentencing Code ”;
(c) omit paragraph (d) and the preceding “and”.
90 In section 139 of that Act, after subsection (6) insert—
(6ZA) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.
91 In section 139A of that Act, before subsection (6) insert—
(5ZB) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.
92 In section 139AA of that Act, after subsection (6) insert—
(6A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.
93 In section 159(1)(aa) of that Act, after “by the Crown Court under” insert “ section 39(7) or (8) of the Sentencing Code or ”.
Firearms (Amendment) Act 1988 (c. 45)
94 (1) Section 1 of the Firearms (Amendment) Act 1988 is amended as follows.
(2) In subsection (4A)(bb), for “subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 1 of Schedule 20 to the Sentencing Code ”.
(3) After subsection (4A) insert—
(4B) An order under subsection (4) which, by virtue of subsection (4A)(bb), amends paragraph 1 of Schedule 20 to the Sentencing Code may also—
(a) provide for section 311 to apply with modifications or exceptions, or
(b) provide for section 249 not to apply,
in relation to any provision added by the order to section 5(1) of the principal Act.
Copyright, Designs and Patents Act 1988 (c. 48)
95 In section 108(6) of the Copyright, Designs and Patents Act 1988, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
96 In section 199(6) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
Housing Act 1988 (c. 50)
97 In Schedule 2 to the Housing Act 1988, under Condition 3 of Ground 7A, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert or “ section 339 of the Sentencing Code ”.
Road Traffic Act 1988 (c. 52)
98 In section 164(5) of the Road Traffic Act 1988, for “section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 168 of the Sentencing Code ”.
Road Traffic Offenders Act 1988 (c. 53)
99 (1) Section 26 of the Road Traffic Offenders Act 1988 is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), for “section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section” substitute “ section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section ”;
(b) in paragraph (b), for “section 10 of that Act” substitute “ section 28 of that Code ”.
(3) In subsection (2)(a), for “section 1” substitute “ Chapter 1 of Part 2 ”.
100 (1) Section 34 of that Act is amended as follows.
(2) In subsection (4A), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.
(3) In subsection (4AA), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
101 (1) Section 35 of that Act is amended as follows.
(2) In subsection (2A), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
(3) In subsection (5), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.
102 (1) Section 35A of that Act is amended as follows.
(2) In subsection (4)—
(a) in paragraph (a), for “section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs)” substitute “ section 321(2) of the Sentencing Code (life sentence: minimum term order) ”;
(b) in paragraph (b), for “under section 100 of that Act” substitute “ within the meaning given by section 233 of that Code ”;
(c) in paragraph (e)—
(i) for “section 226A of the Criminal Justice Act 2003” substitute “ section 266 or 279 of that Code ”;
(ii) for “section 226A(5)(a) of that Act” substitute “ section 266(a) or 279(a) of that Code ”;
(d) in paragraph (f)—
(i) for “section 226B of that Act” substitute “ section 254 of that Code ”;
(ii) for “section 226B(3)(a) of that Act” substitute “ section 254(a) of that Code ”;
(e) in paragraph (fa)—
(i) for “section 236A of that Act” substitute “ section 265 or 278 of that Code ”;
(ii) for “section 236A(2)(a) of that Act” substitute “ section 265(2)(a) or 278(2)(a) of that Code ”;
(f) omit paragraph (g).
(3) In subsection (7)—
(a) at the end of paragraph (a) insert “ or ”;
(b) for paragraphs (b) and (c) substitute—
(b) the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.
(4) In subsection (11)—
(a) in the definition of “custodial sentence”, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”;
(b) in the definition of “suspended sentence”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.
103 In section 37(1B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
104 In section 42(3B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.
105 (1) Section 46 of that Act is amended as follows.
(2) In subsection (1), for “section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(4) of the Sentencing Code ”.
(3) In subsection (2), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.
106 In section 47(2ZA) of that Act, for paragraph (c) substitute—
(c) section 166 of the Sentencing Code.
Football Spectators Act 1989 (c. 37)
107 In section 14A(5) of the Football Spectators Act 1989, for “sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.
Children Act 1989 (c. 41)
108 (1) Section 21 of the Children Act 1989 is amended as follows.
(2) In subsection (2)(c)—
(a) in sub-paragraph (ia), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;
(b) in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.
(3) For subsection (2A) substitute—
(2A) In subsection (2)(c)(iii)—
“local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;
“youth rehabilitation order” has the meaning given by section 173 of that Code;
“youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.
109 In section 31(7)(b)(ii) of that Act, for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.
110 In section 104 of that Act—
(a) in subsection (3A), after “(3BA)” insert “ , (3BB) ”.
(b) after subsection (3BA) insert—
(3BB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.
111 In section 105(6)(ba) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
112 (1) Schedule A1 to that Act is amended as follows.
(2) For Part 1 substitute—
PART 1 Unpaid work requirement
The responsible officer etc
1 (1) For the purposes of this Part of this Schedule—
“the responsible officer”, in relation to a relevant person, means the person who is for the time being responsible for discharging the functions conferred by this Part of this Schedule on the responsible officer in accordance with arrangements made by the Secretary of State;
“relevant person”, in relation to an enforcement order, means a person subject to the order.
(2) The responsible officer must be an officer of a provider of probation services.
Obligations of responsible officer
2 (1) This paragraph applies where an enforcement order is in force.
(2) The responsible officer must—
(a) make any arrangements that are necessary in connection with the requirements imposed by the order, and
(b) promote the relevant person's compliance with those requirements.
(3) Sub-paragraph (4) applies where—
(a) an enforcement order is in force, and
(b) an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer (as defined in section 35 of the Children Act 2004) is required under section 11M to report on matters relating to the order.
(4) The officer of the Service or the Welsh family proceedings officer (“the family officer”) may request the responsible officer to report to the family officer on such matters relating to the order as the family officer may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request.
Enforcement order to specify relevant person's home local justice area
3 (1) An enforcement order must specify which local justice area is the relevant person's home local justice area.
(2) The area specified must be the local justice area in which the relevant person resides or will reside.
Requirement and obligation of relevant person
3A (1) In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to—
(a) the work to be performed, and
(b) the times, during a period of 12 months, at which the person is to perform it.
(2) Sub-paragraph (1)(b) is subject to paragraphs 7 and 9.
(3) But the period of 12 months is not to run while the enforcement order is suspended under section 11J(9).
Number of hours of unpaid work to be specified in order
3B (1) The number of hours which a person may be required to work under an unpaid work requirement—
(a) must be specified in the relevant order, and
(b) must, in aggregate, be—
(i) not less than 40, and
(ii) not more than 200.
(2) Sub-paragraph (3) applies where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement.
(3) The court may direct that the hours of work specified in any of those requirements is to be—
(a) concurrent with, or
(b) additional to,
those specified in any other of those orders.
But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).
(4) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in sub-paragraph (1)(b).
Duty to keep in touch with responsible officer
3C (1) This paragraph applies where an enforcement order is in force.
(2) The relevant person—
(a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the relevant person from time to time, and
(b) must notify the responsible officer of any change of address.
(3) An obligation imposed by sub-paragraph (2) is enforceable as if it were a requirement of the enforcement order.
Rules relating to enforcement orders
3D The power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended sentence orders may also be exercised in relation to persons subject to enforcement orders.
(3) In paragraph 6(2), for “section 199(2)(a) of the Criminal Justice Act 2003” substitute “ paragraph 3B(1)(b)(i) ”.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In paragraph 8(8), “the same meaning as in section 197 of the Criminal Justice Act 2003 (as modified by paragraph 2)” substitute “ the meaning given by paragraph 1 ”.
(6) In paragraph 9(9)—
(a) for “section 199(2)(b) of the Criminal Justice Act 2003, as substituted by paragraph 3” substitute “ paragraph 3B(1)(b)(ii) ”;
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
113 In Schedule 2 to that Act, in paragraph 21(7), at the end of paragraph (c) insert “ or section 260 of the Sentencing Code ”.
114 (1) Schedule 3 to that Act is amended as follows.
(2) In paragraph 13(2)(c), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
(3) In paragraph 14(1), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.
115 In Schedule 8 to that Act, in paragraph 3(a), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Environmental Protection Act 1990 (c. 43)
116 (1) Section 33B of the Environmental Protection Act 1990 is amended as follows.
(2) In subsection (2), for “section 130(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 133(a) of the Sentencing Code ”.
(3) In subsection (5), for “the reference in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a reference in section 139(2) or (3) of the Sentencing Code ”.
117 In section 33C(8) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
118 In section 59(8A), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.
119 In section 59ZB(10), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.
Criminal Justice Act 1991 (c. 53)
120 (1) Section 24 of the Criminal Justice Act 1991 is amended as follows.
(2) In subsection (3)(a), for “section 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132 of the Sentencing Code ”.
(3) In subsection (3A), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
(4) In subsection (4), in paragraph (ba) of the definition of “fine”, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
121 (1) In Schedule 3 to that Act, paragraph 11 is amended as follows.
(2) In sub-paragraph (2)(b), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”.
(3) In sub-paragraph (2A)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
(4) In sub-paragraph (4)—
(a) for “paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code ”;
(b) for “paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code ”.
(5) In sub-paragraph (5)—
(a) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(b) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;
(c) in paragraph (a), for “that Act” substitute “ that Part ”.
(6) In sub-paragraph (8)—
(a) for the definition of “community order” substitute—
“community order” has the meaning given by section 200 of the Sentencing Code;
;
(b) for the definition of “youth rehabilitation order” substitute—
“youth rehabilitation order” has the meaning given by section 173 of the Sentencing Code.
Social Security Administration Act 1992 (c. 5)
122 In section 121(2) of the Social Security Administration Act 1992, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.
Aggravated Vehicle-Taking Act 1992 (c. 11)
123 In section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.
Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
124 In section 1AB(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993—
(a) in paragraph (b)—
(i) after “section 31” insert “ of the Counter-Terrorism Act 2008 ”;
(ii) for “the Counter-Terrorism Act 2008” substitute “ that Act or section 69 of the Sentencing Code ”;
(b) in paragraph (c), after “that Act” insert “ or section 69 of that Code (as applied by section 238(6) of the Armed Forces Act 2006) ”.
125 (1) Section 10 of that Act is amended as follows.
(2) In subsection (1), at the end of paragraph (a) insert
or
(iv) a minimum term order made under section 321 of the Sentencing Code applies;
.
(3) In subsection (5)(b), after “the Criminal Justice Act 2003,” insert “ section 321(2) of the Sentencing Code or ”.
Vehicle Excise and Registration Act 1994 (c. 22)
126 In section 32(1)(a) of the Vehicle Excise and Registration Act 1994, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.
127 In section 41(1)(a) of that Act, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.
Criminal Justice and Public Order Act 1994 (c. 33)
128 In section 15 of the Criminal Justice and Public Order Act 1994, in the definition of “youth detention accommodation”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.
129 In section 25(5) of that Act, in paragraph (a) of the definition of “the relevant enactments”, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
130 In section 136(7A) of that Act—
(a) for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;
(b) for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”.
Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
131 In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in paragraph 3(3)(b), after “under section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.
Criminal Procedure (Scotland) Act 1995 (c. 46)
132 In section 222(8) of the Criminal Procedure (Scotland) Act 1995, for “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 129 of the Sentencing Code ”.
133 (1) Schedule 13 to that Act is amended as follows.
(2) In paragraph 5(3), for “an order made by the Secretary of State by virtue of section 215(3) of the 2003 Act” substitute “ regulations made by the Secretary of State by virtue of paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
(3) In paragraph 7(1)—
(a) omit the definitions of “the 2003 Act” and “the 2008 Act”;
(b) in paragraph (a) of the definition of “corresponding order”, for “the meaning of Part 1 of the 2008 Act” substitute “ the meaning given by section 173 of the Sentencing Code ”;
(c) in paragraph (b) of that definition, for “the meaning of Part 12 of the 2003 Act” substitute “ the meaning given by section 200 of that Code ”;
(d) in paragraph (a) of the definition of “relevant area” omit “(within the meaning given by section 7(1) of the 2008 Act)”;
(e) in paragraph (a) of the definition of “relevant service”, for “a youth offending team within the meaning given by section 7(1) of the 2008 Act” substitute “ a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams) ”;
(f) in paragraph (a) of the definition of “responsible officer”, for “section 4 of the 2008 Act” substitute “ section 191 of the Sentencing Code ”;
(g) in paragraph (b) of that definition, for “section 197 of the 2003 Act” substitute “ section 213 of that Code ”.
(4) After sub-paragraph (1) of paragraph 7 insert—
(1A) For the purposes of the definition of “relevant area” in sub-paragraph (1), “local authority” means—
(a) in relation to England—
(i) a county council,
(ii) a district council whose district does not form part of an area that has a county council,
(iii) a London borough council, or
(iv) the Common Council of the City of London in its capacity as a local authority, and
(b) in relation to Wales—
(i) a county council, or
(ii) a county borough council.
London Local Authorities Act 1995 (c. x)
134 In section 26(1) of the London Local Authorities Act 1995, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
Criminal Procedure and Investigations Act 1996 (c. 25)
135 In the Criminal Procedure and Investigations Act 1996, in the italic heading before section 58, at the end insert “ (Northern Ireland) ”.
136 (1) Section 58 of that Act is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “a court” insert “ in Northern Ireland ”;
(b) omit paragraph (b) and the preceding “or”.
(3) In subsection (2), in paragraphs (a) and (b), after “a court” insert “ in Northern Ireland ”.
(4) In subsection (9) omit paragraph (b).
137 In section 59(1) of that Act, in paragraphs (a) and (b), for “Great Britain” substitute “ Northern Ireland ”.
138 In section 79 of that Act, after subsection (3) insert—
(3A) Sections 58 to 60 and section 61(1) to (3) extend only to Northern Ireland.
139 Omit sections 58 to 60 and section 61(1) to (3) of that Act except so far as they extend to Northern Ireland.
140 In Schedule 4 to that Act omit paragraphs 23 and 24.
Housing Act 1996 (c. 52)
141 In section 179(5) of the Housing Act 1996, in paragraph (g) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
Education Act 1996 (c. 56)
142 (1) Section 562 of the Education Act 1996 is amended as follows.
(2) In subsection (1A)(b)(i), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.
(3) In subsection (2)(b), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Social Security (Recovery of Benefits) Act 1997 (c. 27)
143 In Schedule 1 to the Social Security (Recovery of Benefits) Act 1997, in paragraph 2, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or Chapter 2 of Part 7 of the Sentencing Code, ”.
Protection from Harassment Act 1997 (c. 40)
144 In section 5A of the Protection from Harassment Act 1997, for subsection (2) substitute—
(2) The order may have effect for a specified period or until further order.
(2A) In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3.
(2B) The prosecutor, the defendant or any other person mentioned in the order may apply to the court that made the order for it to be varied or discharged by a further order.
(2C) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (2B).
(2D) It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by an order under this section.
(2E) A person guilty of an offence under this section is liable—
(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or
(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine, or both.
(2F) A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.
Crime (Sentences) Act 1997 (c. 43)
145 In section 28(8A) of the Crime (Sentences) Act 1997, at the end insert
, or
(c) subsection (2) of section 321 of the Sentencing Code (life sentence: minimum term order etc).
146 In section 34(2) of that Act—
(a) in paragraph (b), after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;
(b) in paragraph (c), for the words after “custody for life” substitute “ under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, under section 272 or 275 of the Sentencing Code (including a sentence passed as a result of section 217 of the Armed Forces Act 2006) or under section 210A of the Armed Forces Act 2006 ”.
147 In section 35(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.
148 In section 40(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.
149 (1) Schedule 1 to that Act is amended as follows.
(2) In paragraph 6(3)(aa), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(2)(b) of the Sentencing Code ”.
(3) In paragraph 8—
(a) in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
(b) in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
(c) in sub-paragraph (6)—
(i) for “sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
(ii) in paragraph (b) omit “except in section 103(2),”;
(iii) in paragraph (e), for “section 103” substitute “ section 242 ”;
(iv) omit paragraph (ea);
(v) in paragraph (f), for “in section 103(3), for paragraph (c)” substitute “ in section 242(2)(a), for sub-paragraph (ii) ”;
(vi) in paragraph (fa), for “section 103(4)” substitute “ section 242(6) ”;
(vii) in paragraph (g), for “section 103(5)” substitute “ section 242(7) ”;
(viii) in paragraph (h), for “in section 104, for subsection (1)” substitute “ in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) ”;
(ix) in the substituted text set out in paragraph (h), for “ section 103(6)(b) ” substitute “section 242(4)(b)”;
(x) for paragraph (i) substitute—
(i) paragraph 2(3) of Schedule 12 were omitted,
;
(xi) in paragraph (j), for “section 104(6)” substitute “ paragraph 3(11) of that Schedule ”;
(xii) at the end of that paragraph insert “ , and ”;
(xiii) after that paragraph insert—
(k) paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.
;
(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4) In paragraph 9—
(a) in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
(b) in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) In paragraph 20(1)—
(a) in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”;
(b) in the definition of “sentence of imprisonment”, after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000)” insert “ or section 272 or 275 of the Sentencing Code ”;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Police Act 1997 (c. 50)
150 In section 113CA(2)(fa) of the Police Act 1997—
(a) after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;
(b) in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;
(c) in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.
151 In section 113CB(2)(fa) of that Act—
(a) after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;
(b) in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;
(c) in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.
Crime and Disorder Act 1998 (c. 37)
152 (1) Section 8 of the Crime and Disorder Act 1998 (“the CDA 1998”) is amended as follows.
(2) In subsection (1)—
(a) at the end of paragraph (aa), insert “ or ”;
(b) in paragraph (b), for “, an order is made under section 22 of that Act or a” substitute “ or a criminal behaviour order or ”.
(3) For subsection (9) substitute—
(9) In this section—
“criminal behaviour order” has the meaning given by section 330 of the Sentencing Code;
“sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.
153 (1) Section 9 of the CDA 1998 is amended as follows.
(2) In subsection (1B), for “an order is made under section 22 of that Act” substitute “ a criminal behaviour order ”.
(3) After subsection (7) insert—
(7ZA) In this section “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code.
154 In section 38(4) of the CDA 1998—
(a) in paragraph (fa), for “(within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)” substitute “ under Chapter 1 of Part 9 of the Sentencing Code ”;
(b) in paragraph (fb), for “that Part”, in both places, substitute “ that Chapter ”.
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d) in paragraph (i), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ , section 250, 254 or 259 of the Sentencing Code ”;
(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) in paragraph (k), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83(1) of the Sentencing Code ”.
155 (1) Section 41(5) of the CDA 1998 is amended as follows.
(2) In paragraph (i)(i)—
(a) for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;
(b) for “that Act or” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under ”.
(3) In paragraph (i)(ii), after “sentenced under” insert “ section 250, 254 or 259 of the Sentencing Code, ”.
(4) In paragraph (j)(i)—
(a) for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;
(b) after “a determination under” insert “ section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code, ”;
(c) for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
(5) In paragraph (j)(ii), after “a direction by the Secretary of State under” insert “ section 260 of the Sentencing Code or ”.
(6) In paragraph (ja), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.
156 (1) Section 51A of the CDA 1998 is amended as follows.
(2) In subsection (3)(b)—
(a) for “subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;
(b) for “subsection (3) of that section” substitute “ section 251(2) of that Code ”.
(3) In subsection (3)(d)—
(a) for “of section 224 of the Criminal Justice Act 2003” substitute “ given by section 306 of the Sentencing Code ”;
(b) for “the criteria for the imposition of a sentence under section 226B of that Act” substitute “ the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention ”.
(4) In subsection (12)(b), for “section 51A(1) of the Firearms Act 1968” substitute “ section 311(1) of the Sentencing Code ”.
157 In section 66ZB(6)(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
158 In section 66F(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
159 In section 117(1) of the CDA 1998, in the definition of “custodial sentence”, for “the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.
160 (1) Schedule 3 to the CDA 1998 is amended as follows.
(2) In paragraph (b) of paragraph 10(2) as it has effect without the amendment made by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—
(a) for “section 3 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 of the Sentencing Code ”;
(b) for “subsection (2)” substitute “ subsection (1)(b) ”.
(3) In paragraph (c) of paragraph 10(2) as substituted by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—
(a) for “section 224 of the Criminal Justice Act 2003” substitute “ section 306 of the Sentencing Code ”;
(b) for “section 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 15 of the Sentencing Code ”;
(c) for “subsection (2)” substitute “ subsection (1)(b) ”.
Youth Justice and Criminal Evidence Act 1999 (c. 23)
161 In Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, in paragraph 3(9), in the inserted subsection (13)—
(a) in paragraph (c)(i), for “section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;
(b) in paragraph (c)(ii), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”;
(c) in paragraph (g)(ii), for the words before “there were substituted” substitute “ for the references to Part 1 or 2 of Schedule 18 to the Sentencing Code ”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)
162 In section 60(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, for “section 89 below (restrictions on imprisonment of young offenders and defaulters)” substitute “ section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 21) ”.
163 In section 108(1) of that Act, for “section 89(1) above” substitute “ section 227(2) of the Sentencing Code ”.
164 In the italic heading before section 139 of that Act, for “fines” substitute “ recognizances ”.
165 (1) Section 139 of that Act is amended as follows.
(2) In the heading omit “fines and”.
(3) In subsection (1)—
(a) for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;
(b) in paragraph (a) omit “the amount of the fine or”;
(c) in paragraph (c) omit “in the case of a recognizance,”.
(4) In subsection (2)—
(a) for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;
(b) omit “(but this subsection does not apply where the court imposes a fine on an offender who was aged under 18 at the time of conviction)”.
(5) In subsection (3) omit “a fine is imposed on him or”.
(6) In subsection (5) omit “a fine or”.
(7) Omit subsections (8) and (9).
166 (1) Section 140 of that Act is amended as follows.
(2) In the heading omit “fines imposed and”.
(3) In subsection (1)—
(a) omit “a fine imposed or”;
(b) omit “fine or other”;
(c) omit “imposed or”;
(d) omit the words after paragraph (b).
(4) In subsection (2) omit paragraph (a).
(5) In subsection (3) omit the words after paragraph (b).
(6) In subsection (4) omit “fine imposed or” in both places.
(7) In subsection (5)—
(a) omit “fine imposed by, or”;
(b) omit “85(1) or”.
(8) In subsection (6)—
(a) omit “fine or other”;
(b) omit “as having been imposed by a magistrates' court, or”;
(c) for “such a court” substitute “a magistrates' court”.
167 (1) Section 142(1) of that Act is amended as follows.
(2) In paragraph (za), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
(3) In paragraph (ba), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.
(4) In paragraph (c), for “a compensation order” substitute “ an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”.
(5) In paragraph (d), for “section 137 above” substitute “ section 380(1) of the Sentencing Code ”.
168 (1) Section 163 of that Act is amended as follows.
(2) In subsection (1) omit the definitions of the following expressions—
“associated”;
“child”;
“community order”;
“compensation order”;
“detention and training order”;
“guardian”;
“local authority accommodation”;
“local probation board”;
“offence punishable with imprisonment”;
“order for conditional discharge”;
“period of conditional discharge”;
“referral order”;
“reparation order”;
“responsible officer”;
“sentence of imprisonment”;
“suspended sentence”
“young person”;
“youth offending team”;
“youth rehabilitation order”.
(3) Omit subsection (2).
169 In section 164 omit subsection (3).
170 (1) Schedule 5 to that Act is amended as follows.
(2) In paragraph 1(1)(b), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”.
(3) In paragraph 2, after sub-paragraph (3) insert—
(3A) Where—
(a) the offender is aged under 18, and
(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (1)(a) above,
section 380 of the Sentencing Code (order for payment by parent or guardian) applies to the fine.
(4) In paragraphs 2(5)(b) and 3(3)(b), for “section 152(2) of the Criminal Justice Act 2003” substitute “ section 230(2) of the Sentencing Code ”.
Terrorism Act 2000 (c. 11)
171 In section 23A(4) of the Terrorism Act 2000—
(a) after “Counter-Terrorism Act 2008” insert “ or Schedule 1 to the Sentencing Code ”;
(b) in paragraph (a), after “that Act” insert “ or section 69 of the Sentencing Code ”.
172 In Schedule 4 to that Act—
(a) in paragraph 1, in the definition of “relevant offence”, in paragraph (c), for “Schedule 2 to the Counter-Terrorism Act 2008” substitute “ Schedule 1 to the Sentencing Code ”;
(b) in paragraph 4A(3), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
Criminal Justice and Court Services Act 2000 (c. 43)
173 In section 62(5) of the Criminal Justice and Court Services Act 2000—
(a) in paragraph (c), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;
(b) in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;
(c) in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;
(d) in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.
174 In section 62A(4)(b) of that Act, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.
175 In section 64(5) of that Act—
(a) in paragraph (c), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;
(b) in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;
(c) in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code ”.
176 In section 64A(8) of that Act, in the definition of “sentence of imprisonment”—
(a) in paragraph (b), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;
(b) in paragraph (c), after “that Act” insert “ or section 250 of that Code ”;
(c) in paragraph (d), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;
(d) in paragraph (e), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.
Social Security Fraud Act 2001 (c. 11)
177 In section 6B(14)(b)(ii) of the Social Security Fraud Act 2001, for “section 189(7)(b) of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.
Criminal Justice and Police Act 2001 (c. 16)
178 In section 3(2A) of the Criminal Justice and Police Act 2001, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
International Criminal Court Act 2001 (c. 17)
179 In Schedule 7 to the International Criminal Court Act 2001, in paragraph 2(1)(d), after “sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.
Anti-terrorism, Crime and Security Act 2001 (c. 24)
180 (1) In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, paragraph 16 is amended as follows.
(2) In sub-paragraph (3)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
(3) In sub-paragraph (4)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ or a restitution order within the meaning given by section 147 of the Sentencing Code ”.
Proceeds of Crime Act 2002 (c. 29)
181 In section 6(2)(b) of the Proceeds of Crime Act 2002 (“the POCA 2002”), for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.
182 (1) Section 13 of the POCA 2002 is amended as follows.
(2) In subsection (3)—
(a) in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;
(b) in paragraph (c), for “section 143 of the Sentencing Act” substitute “ Chapter 4 of Part 7 of the Sentencing Code ”.
(3) In subsection (3A)—
(a) in paragraph (a), for “section 130 of the Sentencing Act” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;
(b) in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.
183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
184 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
185 (1) Section 19 of the POCA 2002 is amended as follows.
(2) In subsection (7)—
(a) in paragraph (d), for “of the Sentencing Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;
(b) in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
186 (1) Section 20 of the POCA 2002 is amended as follows.
(2) In subsection (11)—
(a) in paragraph (d), for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;
(b) in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of that Code ”.
(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
187 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
189 In section 27(2)(b) of the POCA 2002, for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.
190 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
191 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
193 (1) Section 38 of the POCA 2002 is amended as follows.
(2) In subsection (2), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
(3) In subsection (4)—
(a) in paragraph (a), for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;
(b) in paragraph (c), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.
194 (1) Section 39 of the POCA 2002 is amended as follows.
(2) In subsections (1)(c), (2) and (4), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.
(3) In subsection (5), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of that Code ”.
195 In section 70(5) of the POCA 2002—
(a) for “section 3(2) of the Sentencing Act” substitute “ section 14(2) of the Sentencing Code ”;
(b) for “section 3B(2) of that Act” substitute “ section 16(2) of that Code ”.
196 In section 82(2)(d) of the POCA 2002, for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 4 of Part 7 of the Sentencing Code ”.
197 In section 118(2C) and (2D)(b) of the POCA 2002, for “139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ 129 of the Sentencing Code ”.
198 In section 148(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.
199 In section 230(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.
200 (1) Section 308 of the POCA 2002 is amended as follows.
(2) In subsection (4)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
(3) In subsection (5)(a), for “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.
Railways and Transport Safety Act 2003 (c. 20)
201 In section 11(4)(a) of the Railways and Transport Safety Act 2003, for “section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 224 of the Sentencing Code ”.
Crime (International Co-operation) Act 2003 (c. 32)
202 In section 54(3A)(c) of the Crime (International Co-operation) Act 2003, after “section 147A of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 166 of the Sentencing Code ”.
Courts Act 2003 (c. 39)
203 In Schedule 5 to the Courts Act 2003, in paragraph 2(2), in the definition of “a sum required to be paid by a compensation order”, after “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
Extradition Act 2003 (c. 41)
204 In section 153(4) of the Extradition Act 2000, for paragraph (a) substitute—
(a) section 79 or 80 of the Sentencing Code;
.
Sexual Offences Act 2003 (c. 42)
205 In section 88(4)(c) of the Sexual Offences Act 2003 (“the SOA 2003”), at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
206 In section 89(1) of the SOA 2003, in the entry in column 1 of the table beginning “A person who is the subject”, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
207 In section 91A(2)(b) of the SOA 2003, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
208 In section 103C(6) of the SOA 2003, after “another),” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction), ”.
209 In section 113(1ZA) of the SOA 2003, at the end of paragraph (a) insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
210 In section 131 of the SOA 2003—
(a) in paragraph (h), after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),” insert “ section 250 or 259 of the Sentencing Code, ”;
(b) in paragraph (i), after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;
(c) in paragraph (l), after “section 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.
211 In section 133(1) of the SOA 2003—
(a) in the definition of “order for conditional discharge”, for paragraph (a) substitute—
(a) section 80 of the Sentencing Code;
;
(b) in the definition of “the period of conditional discharge”, for paragraph (a) substitute—
(a) section 80(1) of the Sentencing Code;
.
212 In section 134(1)(a) of the SOA 2003, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.
213 In section 136ZA(1)(a) of the SOA 2003, after “order” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
214 In section 136ZB of the SOA 2003, after subsection (2) insert—
(2A) References in subsection (2) to a sexual harm prevention order include references to an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).
215 (1) Section 137 of the SOA 2003 is amended as follows.
(2) In subsection (1), after “In this Act” insert “ and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction) ”.
(3) In subsection (2), after “103A(1)” insert “ of this Act, and section 345 of the Sentencing Code, ”.
(4) In subsection (3)(a), after “103J” insert “ of this Act, and sections 355 to 357 of the Sentencing Code, ”.
(5) In subsection (3)(b), after “103I” insert “ of this Act, and sections 343 to 354 and 358 of the Sentencing Code, ”.
(6) In subsection (3)(c)—
(a) after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;
(b) in sub-paragraph (ii), after “103E(7)” insert “ of this Act, or section 350(7) of the Sentencing Code, ”;
(c) in sub-paragraph (iii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.
(7) In subsection (3)(d)—
(a) after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;
(b) in sub-paragraph (ii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.
216 In Schedule 3 to the SOA 2003, in paragraph 96(a), for “the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ the Sentencing Code ”.
Criminal Justice Act 2003 (c. 44)
217 In section 221(2) of the Criminal Justice Act 2003 (“the CJA 2003”)—
(a) in paragraph (aa), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;
(b) in paragraph (b), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.
218 (1) Section 237 of the CJA 2003 is amended as follows.
(2) In subsection (1)(b)—
(a) for “the Sentencing Act or under” substitute “ the PCC(S)A 2000, under ”;
(b) after “of this Act” insert “ or under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.
(3) In subsection (1B)—
(a) in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code ”;
(b) in paragraph (ba), after “section 226A of this Act” insert “ or section 266 or 279 of the Sentencing Code ”;
(c) in paragraph (bb), after “section 226B of this Act” insert “ or section 254 of the Sentencing Code ”;
(d) in paragraph (e), after “section 236A of this Act” insert “ or section 265 or 278 of the Sentencing Code ”.
(4) In subsection (1C), after “section 240ZA or 265” insert “ of this Act or section 225 of the Sentencing Code ”.
(5) In subsection (3)—
(a) for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under ”;
(b) after “of this Act” insert “ or under section 262, 265 or 266 of the Sentencing Code ”.
219 (1) Section 240ZA of the CJA 2003 is amended as follows.
(2) After subsection (6) insert—
(6A) Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.
(3) In subsection (7)(a), for “paragraph 8(2)(a) or (b) of Schedule 12” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.
(4) In subsection (11), for “of the Sentencing Act or” substitute “ of the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.
220 (1) Section 240A of the CJA 2003 is amended as follows.
(2) In subsection (1)—
(a) for “This section applies” substitute “ Subsection (2) applies ”;
(b) in paragraph (a), after “in respect of an offence” insert “ of which the offender was convicted before 1 December 2020 ”.
(3) After subsection (3) insert—
(3ZA) Subsection (3ZB) applies where—
(a) an offender is serving a term of imprisonment in respect of an offence, and
(b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.
(3ZB) Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.
(4) In subsection (11)(a)(i) and (ii), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.
(5) In subsection (11)(b), for “subsection (2)” substitute “ subsections (2) and (3ZB) ”.
221 (1) Section 241 of the CJA 2003 is amended as follows.
(2) In the heading, after “section 240A” insert “ or under section 325 of the Sentencing Code ”.
(3) In subsection (1)—
(a) after “a direction under section 240A” insert “ or under section 325 of the Sentencing Code ”;
(b) after “the direction under section 240A” insert “ or under section 325 of the Sentencing Code ”.
222 (1) Section 243 of the CJA 2003 is amended as follows.
(2) At the end of subsection (1) insert
, and
(c) the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.
(3) Omit subsection (2).
(4) In subsection (2A), for “subsection (2)” substitute “ section 327(3) of the Sentencing Code ”.
223 (1) Section 244A of the CJA 2003 is amended as follows.
(2) In the heading, for “section 236A” substitute “ section 278 of the Sentencing Code etc ”.
(3) In subsection (1), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
(4) In subsection (6), in the definition of “the appropriate custodial term”, after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
224 (1) Section 246 of the CJA 2003 is amended as follows.
(2) In subsection (4)—
(a) in paragraph (a), after “under section 226A, 227, 228 or 236A” insert “ or under section 265, 266, 278 or 279 of the Sentencing Code ”;
(b) in paragraph (d), after “paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8” insert “ , or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code, ”;
(c) in paragraph (ha), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”;
(d) in paragraph (i), after “section 240A” insert “ or under section 325 of the Sentencing Code ”.
(3) In subsection (6), in the definition of “term of imprisonment”, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.
225 (1) Section 246A of the CJA 2003 is amended as follows.
(2) In the heading, for “section 226A or 226B” substitute “ section 254, 266 or 279 of the Sentencing Code etc ”.
(3) In subsection (1), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.
(4) In subsection (8), in the definition of “appropriate custodial term”, after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.
226 (1) Section 247A of the CJA 2003 (inserted by section 1 of the Terrorist Offenders (Restriction of Early Release) Act 2020) is amended as follows.
(2) In subsection (2)—
(a) in paragraph (b)—
(i) after “section 30” insert “ of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code ”;
(ii) for “the Counter-Terrorism Act 2008” substitute “ that Act ”;
(b) in paragraph (c), after “that Act” insert “ or section 69 of the Sentencing Code as applied by section 238(6) of the Armed Forces Act 2006 ”.
(3) In subsection (6), after “under section 226A, 226B, 227, 228 or 236A” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code ”.
(4) In subsection (8), in the definition of “the appropriate custodial term” and in paragraph (a) of the definition of “the requisite custodial period”, after “under section 226A, 226B, 227, 228 or 236A,” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code, ”.
227 (1) Section 250 of the CJA 2003 is amended as follows.
(2) In subsection (4)—
(a) after “a sentence imposed under section 226A, 227 or 236A” insert “ or under section 278 or 279 of the Sentencing Code ”;
(b) for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.
(3) After that subsection insert—
(4A) In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).
(4) In subsection (5A)—
(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
(b) in paragraph (b), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
228 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
230 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
232 (1) Section 256B of the CJA 2003 is amended as follows.
(2) In subsection (1)(a), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”.
(3) In subsection (1A)(a), for “section 91 or 96 of the Sentencing Act” substitute “ section 250 or 262 of the Sentencing Code ”.
233 In section 258(3A) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.
234 In section 260(2A) of the CJA 2003—
(a) after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code, ”;
(b) after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
235 In section 263(4) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.
236 (1) Section 264 of the CJA 2003 is amended as follows.
(2) In subsection (6)—
(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
(b) in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
(3) In subsection (6A)(a)—
(a) for “228,” substitute “ 228 of this Act or section 254, 266 or 279 of the Sentencing Code, ”;
(b) for “236A,” substitute “ 236A of this Act or section 265 or 278 of that Code, ”.
(4) In subsection (7), for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.
237 Before section 264B of the CJA 2003 insert—
Consecutive terms: detention and training orders
264AA (1) This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter.
(2) Any direction in respect of the offender by the Parole Board under—
(a) subsection (5)(b) of section 246A,
(b) subsection (4)(b) of section 247A, or
(c) sub-paragraph (3) of paragraph 15 of Schedule 20B,
is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section.
(3) In this section—
(a) references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and
(b) “relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.
238 In section 268(1A) of the CJA 2003—
(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;
(b) in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.
239 In section 273(3) of the CJA 2003, for paragraphs (a) and (b) substitute “ a minimum term order or a whole life order under section 321 of the Sentencing Code ”.
240 In section 274(2) of the CJA 2003, for the words from “in subsections” to “the Sentencing Act” substitute “ in sections 321 to 323 of the Sentencing Code ”.
241 (1) Section 300 of the CJA 2003 is amended as follows.
(2) In subsection (1)(b), for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.
(3) In subsection (2)—
(a) in paragraph (a), for “section 199” substitute “ paragraph 1 of Schedule 9 to the Sentencing Code ”;
(b) in paragraph (b), for “section 204” substitute “ paragraph 9 of that Schedule ”;
(c) in paragraph (c), for “section 214” substitute “ paragraph 27 of that Schedule ”.
(4) In subsection (4), for “Subsections (3) and (4) of section 177” substitute “ Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code ”.
(5) For subsection (6) substitute—
(6) The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—
sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);
Schedule 9 (community orders and suspended sentence orders: requirements);
Schedule 10 (breach, revocation or amendment of community order);
Schedule 11 (transfer of community orders to Scotland or Northern Ireland).
242 In section 301(1)(b) of the CJA 2003, for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.
243 (1) Section 305(1) of the CJA 2003 is amended as follows.
(2) Omit the definitions of the following expressions—
“accredited programme”;
“alcohol abstinence and monitoring requirement”;
“alcohol treatment requirement”;
“the appropriate officer of the court”;
“attendance centre requirement”;
“community requirement”
“community sentence”;
“compensation order”;
“drug rehabilitation requirement”;
“electronic monitoring requirement”;
“exclusion requirement”;
“foreign travel prohibition requirement”;
“guardian”;
“local probation board”;
“mental health treatment requirement”;
“pre-sentence report”;
“programme requirement”;
“prohibited activity requirement”;
“rehabilitation activity requirement”;
“residence requirement”;
“responsible officer”;
“unpaid work requirement”.
(3) In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.
(4) In the definition of “community order”, for “section 177(1)” substitute “ section 200 of the Sentencing Code ”.
(5) In the definition of “curfew requirement”, for “section 204” substitute “ paragraph 9(1) of Schedule 9 to the Sentencing Code ”.
(6) In the definition of “custodial sentence”, for “section 76 of the Sentencing Act” substitute “ section 222 of the Sentencing Code ”.
(7) In the definition of “suspended sentence” and “suspended sentence order”, for “section 189(7)” substitute “ section 286 of the Sentencing Code ”.
(8) Insert at the appropriate place—
“the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;
.
244 In section 327(3)(b) of the CJA 2003—
(a) in sub-paragraph (v), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 of the Sentencing Code ”;
(b) in sub-paragraph (vi), after “section 226B or 228” insert “ or under section 254 of the Sentencing Code ”.
245 (1) Schedule 15 to the CJA 2003 is amended as follows.
(2) In the section reference, for “Section 224” substitute “ Section 327(3)(a) ”.
(3) In the Schedule heading, for “Chapter 5 of Part 12” substitute “ section 325 ”.
246 (1) Schedule 15B to the CJA 2003 is amended as follows.
(2) In the section reference, for “Sections 224A, 226A and 246A” substitute “ Section 246A ”.
(3) In the Schedule heading, for “sections 224A, 226A and 246A” substitute “ section 246A ”.
(4) In the heading of Part 1, for “sections 224A(1), 224A(4), 226A and 246A” substitute “ section 246A ”.
(5) In the heading of Part 2, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.
(6) In the heading of Part 3, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.
247 In Schedule 19ZA to the CJA 2003, in the heading of Part 2, after “Counter-Terrorism Act 2008” insert “ or Sentencing Code ”.
248 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
249 (1) Schedule 31 to the CJA 2003 is amended as follows.
(2) In paragraph 2—
(a) in sub-paragraph (1), for “section 199” substitute “ paragraph 2 of Schedule 9 to the Sentencing Code ”;
(b) in sub-paragraph (2), for the words from the beginning to “in the case” substitute—
In sub-paragraph (1)(b), for sub-paragraphs (i) and (ii) there is substituted—
(i) not less than 20 hours, and
(ii) in the case
;
(c) for sub-paragraph (3) substitute—
(3) Sub-paragraphs (3) and (4) are omitted.
(3) In paragraph 3—
(a) in sub-paragraph (1), for “section 204” substitute “ paragraph 9 of Schedule 9 to the Sentencing Code ”;
(b) in sub-paragraph (2)—
(i) for “subsection (2)” substitute “ sub-paragraph (4) ”;
(ii) for “(2A)” substitute “ (4A) ”.
(4) In paragraph 3A, for the words from the beginning to “be—” substitute “In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be—”.
(5) In paragraph 3B—
(a) in sub-paragraph (1), for “section 220(1)” substitute “ section 215 of the Sentencing Code ”;
(b) for sub-paragraph (2) substitute—
(2) At the end of subsection (2) there is inserted “, and must notify the responsible officer of any change of address.”
(6) In paragraph 3C, for “Section 220A” substitute “ Section 216 of the Sentencing Code ”.
(7) In paragraph 4—
(a) in sub-paragraph (1), for “Schedule 8 (breach, revocation or amendment of community orders)” substitute “ Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) ”;
(b) in sub-paragraph (3), for “and deal with the offender” substitute “ and re-sentence the offender ”;
(c) in sub-paragraph (4), for “paragraph 4” substitute “ paragraph 5 ”;
(d) in sub-paragraph (4A), for “paragraphs 16 and 16A” substitute “ paragraphs 16 and 17 ”.
(e) for sub-paragraph (5) substitute—
(5) The following provisions are omitted—
(a) paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020);
(b) paragraph 10(11);
(c) paragraph 14(8);
(d) paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act);
(e) paragraph 23(6);
(f) paragraph 25(2)(b).
(8) In paragraph 6, for “Schedule 9” substitute “ Schedule 11 to the Sentencing Code ”.
(9) For paragraph 7 substitute—
7 After paragraph 20 there is inserted—
20A Nothing in paragraph 20 affects the application of section 300(7) of the Criminal Justice Act 2003 to a default order made or amended in accordance with Part 1 or 2.
(10) For paragraph 8 substitute—
8 In paragraph 21, after sub-paragraph (5) there is inserted—
(5A) The home court may not impose a fine on the offender.
Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
250 In Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003, in paragraph 1(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
Domestic Violence, Crime and Victims Act 2004 (c. 28)
251 In section 6(5) of the Domestic Violence, Crime and Victims Act 2004, for “section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 25 of the Sentencing Code ”.
252 (1) Section 45 of that Act is amended as follows.
(2) In subsection (1)—
(a) in paragraph (c) of the definition of “relevant sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 250 of the Sentencing Code ”;
(b) in the definition of “supervision requirements”, for “section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4) of the Sentencing Code ”.
(3) In subsection (2)(a), for “Schedule 15 to the Criminal Justice Act 2003 (c. 44)” substitute “ Schedule 18 to the Sentencing Code ”.
Constitutional Reform Act 2005 (c. 4)
253 In Schedule 7 to the Constitutional Reform Act 2005, in paragraph 4, under the heading “A: GENERAL”—
(a) omit the entry for the Criminal Justice Act 2003;
(b) at the appropriate place insert—
Sentencing Act 2020 (c. 17)
Schedule 23, paragraph 19
Serious Organised Crime and Police Act 2005 (c. 15)
254 In section 73(1) of the Serious Organised Crime and Police Act 2005, after “This section applies if” insert “ in Northern Ireland ”.
255 In section 74(1) of that Act, after “This section applies if” insert “ in Northern Ireland ”.
Government of Wales Act 2006 (c. 32)
256 In Schedule 1A to the Government of Wales Act 2006, in paragraph 7—
(a) the words following “subject to” become paragraph (a);
(b) at the end insert
or
(b) an order under Chapter 2 of Part 11 of the Sentencing Code
.
Wireless Telegraphy Act 2006 (c. 36)
257 In Schedule 5 to the Wireless Telegraphy Act 2006, in paragraph 7, for paragraph (a) substitute—
(a) section 153 of the Sentencing Code;
.
Violent Crime Reduction Act 2006 (c. 38)
258 (1) Section 29 of the Violent Crime Reduction Act 2006 is amended as follows.
(2) After subsection (3) insert—
(3A) For the minimum sentence which applies where a person is convicted in England and Wales of an offence under section 28, see section 311 of the Sentencing Code.
(3) In subsection (11)(a), after “court” insert “ in Scotland ”.
(4) After subsection (12) insert—
(12A) For the requirement for a court in England and Wales considering for the purposes of sentencing the seriousness of an offence under section 28 to treat certain matters as aggravating factors, see section 70 of the Sentencing Code.
259 In section 47(11) of that Act, in the definition of “relevant person”—
(a) in paragraph (a), for “the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 397(1) of the Sentencing Code ”;
(b) in paragraph (b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of that Code ”.
Safeguarding Vulnerable Groups Act 2006 (c. 47)
260 In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, in paragraph 18(6)(c), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.
Offender Management Act 2007 (c. 21)
261 (1) Section 1(4) of the Offender Management Act 2007 is amended as follows.
(2) For the definition of “community order” substitute—
“community order” means—
(a) a community order within the meaning given by section 200 of the Sentencing Code;
(b) a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code;
.
(3) For the definition of “suspended sentence order” substitute—
“suspended sentence order” has the meaning given by section 286 of the Sentencing Code;
.
262 In section 4(3) of that Act—
(a) in paragraph (a), for “paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 14, 15, 18, 20 or 21 of Schedule 10 to the Sentencing Code ”;
(b) in paragraph (b), for “paragraph 13, 15, 17 or 18 of Schedule 12 to that Act” substitute “ paragraph 22, 25 or 27 of Schedule 16 to that Code ”;
(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
263 In section 28(3) of that Act—
(a) in paragraph (a), after “section 226A or 227 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 279 of the Sentencing Code ”;
(b) in paragraph (c), after “under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or under section 259 of the Sentencing Code ”;
(c) in paragraph (d), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , or under section 250 of the Sentencing Code, ”;
(d) in paragraph (e), after “under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or under section 272 or 275 of the Sentencing Code ”;
(e) in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 254 or 258 of the Sentencing Code ”.
Serious Crime Act 2007 (c. 27)
264 In section 36(5) of the Serious Crime Act 2007, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.
London Local Authorities Act 2007 (c. ii)
265 In section 8 of the London Local Authorities Act 2007, for subsection (8) substitute—
(8) Section 316 of the Sentencing Code (appeals where previous convictions set aside) shall apply in Greater London as if the following words were inserted in subsection (1) at the end of paragraph (a)—
or under section 8(1) of the London Local Authorities Act 2007 (c. ii) (automatic minimum fine on third conviction for fly posting or shroud advertisement offence),
.
Criminal Justice and Immigration Act 2008 (c. 4)
266 (1) Section 39 of the Criminal Justice and Immigration Act 2008 is amended as follows.
(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 227 of the Sentencing Code ”.
(3) In subsection (2)—
(a) in paragraph (a), for “paragraph 10 of Schedule 1” substitute “ Part 3 of Schedule 6 to the Sentencing Code ”;
(b) in paragraph (b), for “paragraph 12” substitute “ Part 5 ”;
(c) in paragraph (c), for “paragraph 14” substitute “ Part 7 ”.
(4) For subsection (4) substitute—
(4) A youth default order—
(a) may, in addition to any other requirement that it imposes, impose an electronic monitoring requirement (see sections 173 and 174 of the Sentencing Code), and
(b) must do so where, in the case of a youth rehabilitation order, such a requirement would be required by paragraph 19(3) of Schedule 6 to the Sentencing Code.
(5) For subsection (6) substitute—
(6) The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act—
(a) sections 186(2), (10) and (11), 188, 190 to 192, 197, 198(3) to (5), 397(1), 400 and 403 to 405 (youth rehabilitation orders: responsible officer, interpretation and further provisions),
(b) Parts 3, 5, 7 and 17 of Schedule 6 (youth rehabilitation orders: requirements),
(c) Schedule 7 (breach, revocation or amendment of youth rehabilitation order),
(d) Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland), and
(e) paragraph 9 of Schedule 23 (power to amend limits).
267 In section 46 of that Act, for subsection (2) substitute—
(2) In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law
.
268 In section 80(5) of that Act—
(a) in paragraph (b), for “(within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6))” substitute “ made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”;
(b) in paragraph (c), at the end insert “ or section 42 of the Sentencing Code ”;
(c) for paragraph (e) substitute—
(e) any sum payable under an order made under section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 or section 380(1) of the Sentencing Code;
.
269 In section 117(1) of that Act, in paragraph (a) of the definition of “custodial sentence”—
(a) for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 222(1) of the Sentencing Code ”;
(b) for “any earlier enactment” substitute “ any enactment passed before that section came into force ”.
270 (1) Schedule 7 to that Act is amended as follows.
(2) In paragraph 2—
(a) omit sub-paragraph (1);
(b) in sub-paragraph (2), for “Sub-paragraph (2) has effect as if for paragraphs (a) and (b)” substitute “ In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) ”;
(c) for sub-paragraph (3) substitute—
(3) In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.
(3) In paragraph 3—
(a) in sub-paragraph (1), for “paragraph 12 of Schedule 1” substitute “ paragraph 14 of Schedule 6 to the Sentencing Code ”;
(b) in sub-paragraph (2)—
(i) for “Sub-paragraph (2)” substitute “ Sub-paragraph (3) ”;
(ii) in paragraphs (a), (b) and (c) omit “must be,”.
(4) In paragraph 4—
(a) in sub-paragraph (1), for “paragraph 14 of Schedule 1” substitute “ paragraph 18 of Schedule 6 to the Sentencing Code ”;
(b) in sub-paragraph (2)—
(i) for “sub-paragraph (2)” substitute “ sub-paragraph (4) ”;
(ii) for “(2A)” substitute “ (4A) ”.
(5) In paragraph 5—
(a) in sub-paragraph (1), for “Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)” substitute “ Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) ”;
(b) in sub-paragraph (4), for “Paragraph 2” substitute “ Paragraph 3 ”;
(c) for sub-paragraph (5) substitute—
(5) The following provisions are omitted—
(a) in paragraph 6—
(i) sub-paragraph (5)(a),
(ii) the words “add or” in sub-paragraph (5)(b), and
(iii) sub-paragraph (11);
(b) paragraph 9;
(c) paragraph 11;
(d) paragraph 12(8);
(e) paragraph 21(6);
(f) paragraph 23(2)(b).
(6) In paragraph 7—
(a) in sub-paragraph (1), for “Schedule 3” substitute “ Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) ”;
(b) in sub-paragraph (2)—
(i) for “Paragraph 9” substitute “ Paragraph 15 ”;
(ii) after “section 39(7)” insert “ of the Criminal Justice and Immigration Act 2008 ”;
(iii) for “paragraphs 1 or 2” substitute “ Part 1 of this Schedule ”;
(c) for sub-paragraph (3) substitute—
(3) Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—
(5A) The home court may not impose a fine on the offender.
Education and Skills Act 2008 (c. 25)
271 In section 55(1) of the Education and Skills Act 2008, in paragraph (b) of the definition of “the relevant sum”, for “section 161A of the Criminal Justice Act 2003 (c. 44)” substitute “ section 42 of the Sentencing Code ”.
272 In section 56(7)(b)(ii) of that Act, for “section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 380(1) of the Sentencing Code ”.
Counter-Terrorism Act 2008 (c. 28)
273 (1) Section 30 of the Counter-Terrorism Act 2008 is amended as follows.
(2) In the heading omit “England and Wales and”.
(3) In subsection (1), for “in England and Wales, or in Northern Ireland,” substitute “ in Northern Ireland ”.
274 (1) Section 42 of that Act is amended as follows.
(2) In subsection (1)—
(a) before paragraph (a) insert—
(za) an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,
;
(b) in paragraph (a) omit “England and Wales and”.
(3) In subsection (2), for “(1)(a)” substitute “ (1)(za) or (a) ”.
(4) In subsection (4)—
(a) after “Schedule 2,” insert “ or regulations are made under paragraph 1 of Schedule 23 to the Sentencing Act 2020 removing an offence from the list in Schedule 1 to the Sentencing Code, ”;
(b) after “comes” insert “ , or the regulations come, ”.
275 In section 45(1)(a) of that Act—
(a) in sub-paragraph (iv), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 250 of the Sentencing Code ”;
(b) in sub-paragraph (v), for “of that Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or under Chapter 2 of Part 10 of the Sentencing Code ”;
(c) in sub-paragraph (via), after “section 226B of that Act” insert “ or under section 254 of the Sentencing Code ”.
276 In Schedule 6 to that Act—
(a) in paragraph 2(1), for “section 32” substitute “ section 69 of the Sentencing Code (as applied by section 238(6) of the Armed Forces Act 2006) ”;
(b) in paragraph 5(1)(a)(via), after “section 226B of that Act” insert “ or section 254 of the Sentencing Code ”.
Coroners and Justice Act 2009 (c. 25)
277 In section 120(3)(a) of the Coroners and Justice Act 2009, for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”.
278 In section 121(7) of that Act—
(a) in paragraph (a), for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”;
(b) in paragraph (b), for “sections 73 and 74 of the Serious Organised Crime and Police Act 2005” substitute “ sections 74, 387 and 388 of the Sentencing Code ”.
279 In section 131(5) of that Act—
(a) in paragraph (a), for “the meaning of section 177 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 200 of the Sentencing Code ”;
(b) in paragraph (b), for “the meaning of section 189(7) of that Act” substitute “ the meaning given by section 286 of that Code ”;
(c) in paragraph (c), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (c. 4)” substitute “ the meaning given by section 173 of that Code ”.
280 In section 136 of that Act, in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 248(1) of the Sentencing Code ”.
281 In section 158(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.
282 In section 164(3)(d) of that Act, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.
Localism Act 2011 (c. 20)
283 In Schedule 14 to the Localism Act 2011, in paragraph 6(4), for paragraph (g) substitute—
(g) a criminal behaviour order within the meaning given by section 330 of the Sentencing Code;
.
Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
284 In section 23(5)(a) of the Terrorism Prevention and Investigation Measures Act 2011, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
285 In section 94(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—
(a) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
(b) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;
(c) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.
286 In section 99(10) of that Act, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.
287 In section 102(2)(d) of that Act, for “order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ regulations under section 248(1)(f) of the Sentencing Code ”.
288 (1) Section 128(6) of that Act is amended as follows.
(2) In the definition of “extended sentence prisoner”, after “under section 226A or 226B of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.
(3) In the definition of “section 236A prisoner”, after “under section 236A of the Criminal Justice Act 2003” insert “ or section 265 or 278 of the Sentencing Code ”.
289 (1) Schedule 1 to that Act is amended as follows.
(2) In Part 1, in paragraph 1(1), at the end of paragraph (e) insert “ or section 366 or 369 of the Sentencing Code ”.
(3) In Part 3, in paragraphs 6(a) and 8(c), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”.
Prevention of Social Housing Fraud Act 2013 (c. 3)
290 In section 4(12) of the Prevention of Social Housing Fraud Act 2013—
(a) for “Sections 131 to 133 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141 to 143 of the Sentencing Code ”;
(b) for paragraphs (c) and (d) substitute—
(c) section 143(3)(a) and (b) were omitted, and
(d) the reference in section 143(5)(b)(ii) to an unlawful profit order under section 4 were to a compensation order under Chapter 2 of Part 7 of the Sentencing Code.
Counter-Terrorism and Security Act 2015 (c. 6)
291 In section 10(6)(a) of the Counter-Terrorism and Security Act 2015, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
292 In section 44(2) of that Act, at the end insert—
(e) section 69 of the Sentencing Code (including as it is applied by section 238(6) of the Armed Forces Act 2006), and Schedule 1 to that Code (terrorist connection).
Modern Slavery Act 2015 (c. 30)
293 (1) Section 10 of the Modern Slavery Act 2015 is amended as follows.
(2) In subsection (1), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.
(3) In subsection (3)—
(a) for “Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141, 143 and 144 of the Sentencing Code ”;
(b) for paragraph (d) substitute—
(d) the reference in section 143(5)(b)(iii) to a slavery and trafficking reparation order under section 8 above were to a compensation order under Chapter 2 of Part 7 of the Sentencing Code.
;
(c) omit paragraph (e).
294 In section 34(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.
Psychoactive Substances Act 2016 (c. 2)
295 (1) Section 6 of the Psychoactive Substances Act 2016 is amended as follows.
(2) In subsection (1)—
(a) for “This section applies” substitute “ Subsections (2) to (10) apply ”;
(b) in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.
(3) After subsection (10) insert—
(11) For the requirement for a court in England and Wales considering the seriousness of an offence under section 5 to treat certain matters as aggravating factors, see section 72 of the Sentencing Code.
296 In section 32(6)(a) of that Act, for paragraph (a) substitute—
(a) sections 79, 80 and 82 of the Sentencing Code,
.
Data Protection Act 2018 (c. 12)
297 In Schedule 18 to the Data Protection Act 2018, in paragraph 4(3)(a), after sub-paragraph (i) insert—
(ia) section 260 of the Sentencing Code,
.
Stalking Protection Act 2019 (c. 9)
298 In section 8(4) of the Stalking Protection Act 2019, for “subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
Offensive Weapons Act 2019 (c. 17)
299 In section 8(9) of the Offensive Weapons Act 2019, for “paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000” substitute “ paragraph 40 of Schedule 22 to the Sentencing Act 2020 ”.
300 In section 23(10) of that Act, for “2003” substitute “ 2000 or section 222 of the Sentencing Code ”.
Coronavirus Act 2020 (c. 7)
301 (1) Schedule 23 to the Coronavirus Act 2020 is amended as follows.
(2) In paragraph 2(3)(i), after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.
(3) In paragraph 8, in paragraph 2(9) of the Schedule 3A treated as inserted into the Criminal Justice Act 2003, after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.
302 In Schedule 24 to that Act, after paragraph 13 insert—
Sentencing Code
14 The Sentencing Code has effect as if section 391 were omitted.
PART 2 Acts of Senedd Cymru
Social Services and Well-being (Wales) Act 2014 (anaw 4)
303 (1) Section 77 of the Social Services and Well-being (Wales) Act 2014 is amended as follows.
(2) In subsection (2)(c) of the English language text—
(a) in sub-paragraph (i), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;
(b) in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.
(3) In subsection (2)(c) of the Welsh language text—
(a) in sub-paragraph (i), for “paragraff 4 o Atodlen 1 neu baragraff 6 o Atodlen 8 i Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “paragraff 5 o Atodlen 4 neu baragraff 7 o Atodlen 5 i'r Cod Dedfrydu”;
(b) in sub-paragraph (ii), for “paragraff 21 o Atodlen 2 i Ddeddf Cyfiawnder Troseddol a Mewnfudo 2008” substitute “paragraff 25 o Atodlen 7 i'r Cod hwnnw”.
(4) For subsection (3) of the English language text substitute—
(3) In subsection (2)—
“local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;
“youth rehabilitation order” has the meaning given by section 173 of that Code;
“youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.
(5) For subsection (3) of the Welsh language text substitute—
(3) Yn is-adran (2)—
mae i “gofyniad preswylio awdurdod lleol” (“local authority residence requirement”) yr ystyr a roddir gan baragraff 24 o Atodlen 6 i'r Cod Dedfrydu;
mae i “gorchymyn adsefydlu ieuenctid” (“youth rehabilitation order”) yr ystyr a roddir gan adran 173 o'r Cod hwnnw;
mae i “gorchymyn adsefydlu ieuenctid â maethu” (“youth rehabilitation order with fostering”) yr ystyr a roddir gan adran 176 o'r Cod hwnnw.”
304 (1) In section 188(1) of the English language text of that Act, in paragraph (e) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
(2) In section 188(1) of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “drwy orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.
305 (1) In section 194(6)(c) of the English language text of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
(2) In section 194(6)(c) of the Welsh language text of that Act, for “o dan Ran 1 o Ddeddf Cyfiawnder a Mewnfudo 2008” substitute “ym Mhennod 1 o Ran 9 o'r Cod Dedfrydu”.
306 (1) In Schedule 1 to the English language text of that Act, in paragraph 1(8), for paragraph (c) substitute—
(c) section 260 of the Sentencing Code.
(2) In Schedule 1 to the Welsh language text of that Act, in paragraph 1(8), for paragraph (c) substitute—
(c) adran 260 o'r Cod Dedfrydu.
Housing (Wales) Act 2014 (anaw 7)
307 (1) In section 70(1)(j)(i) of the English language text of the Housing (Wales) Act 2014, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.
(2) In section 70(1)(j)(i) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.
308 (1) In section 99 of the English language text of that Act, in paragraph (e) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
(2) In section 99 of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “gan orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.
Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)
309 (1) In section 120(6) of the English language text of the Regulation and Inspection of Social Care (Wales) Act 2016, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.
(2) In section 120(6) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000 (p.6)” insert “neu adran 222 o'r Cod Dedfrydu”.
PART 3 Acts of the Scottish Parliament
Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)
310 In section 34(2)(b)(i) of the Human Trafficking and Exploitation (Scotland) Act 2015, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22)
311 In section 37(5) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, at the end of paragraph (a) insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.
Management of Offenders (Scotland) Act 2019 (asp 14)
312 If section 18 of the Management of Offenders (Scotland) Act 2019 does not come into force on or before 1 December 2020, subsection (2)(b) of that section is amended as follows—
(a) in sub-paragraph (i), for “third” substitute “ fourth ”;
(b) in sub-paragraph (iii), after “2000” insert “ or section 250 of that Code ”.
PART 4 Northern Ireland legislation
Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
313 In Article 6(1)(g)(iii) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, at the end insert “ or section 254, 266 or 279 of the Sentencing Code ”.
Recovery of Health Services Charges (Northern Ireland) Order 2006 (S.I. 2006/1944 (N.I. 13))
314 In Schedule 1 to the Recovery of Health Services Charges (Northern Ireland) Order 2006, in paragraph 1(b), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))
315 In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in paragraph 23(3)(b), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.
PART 5 Secondary legislation
Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335)
316 (1) Regulation 14 of the Costs in Criminal Cases (General) Regulations 1986 is amended as follows.
(2) In paragraph (1)(a), for “section 42 of the Powers of Criminal Courts Act 1973” substitute “ section 21 of the Sentencing Code as it applies by virtue of subsection (1)(a) or (c) of that section ”.
(3) Omit paragraph (3)(a)(i) to (iv), (vi) and (vii).
(4) Omit paragraph (3)(b)(i) and (ii).
(5) After sub-paragraph (b) of paragraph (3) insert—
(c) under any of the following provisions of the Sentencing Code—
(i) Schedule 2 (commission of further offence by person conditionally discharged);
(ii) paragraph 7 of Schedule 4 (power of court on referral back from panel);
(iii) Part 1 of Schedule 5 (breach of reparation order);
(iv) Part 2 of Schedule 10 (breach of requirement of community order);
(v) Part 2 of Schedule 16 (breach of community requirement of suspended sentence order or conviction of further offence).
Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
317 In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert or “ section 250 or 259 of the Sentencing Code ”.
Jobseeker's Allowance Regulations 1996 (S.I. 1996/207)
318 In regulation 13(3A)(a) of the Jobseeker's Allowance Regulations 1996, after “(“the 2003 Act”)” insert “ or Chapter 4 of Part 11 of the Sentencing Code ”.
Police (Property) Regulations 1997 (S.I. 1997/1908)
319 In regulation 5(1) of the Police (Property) Regulations 1997, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.
320 In regulation 7(3) of those Regulations, for “section 145 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 159 of the Sentencing Code ”.
Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997 (S.I. 1997/2588)
321 In article 3(b) of the Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997, for “section 37(2) of the Criminal Justice Act 1982” substitute “ section 122(1) of the Sentencing Code ”.
Prison Rules 1999 (S.I. 1999/728)
322 In rule 57(2) of the Prison Rules 1999, after “section 99 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 276 of the Sentencing Code ”.
Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
323 In article 2 of the Youth Justice Board for England and Wales Order 2000 omit “ “the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000;”.
324 (1) Article 4(2) of that Order is amended as follows.
(2) In paragraph (a), for “section 90 or 91 of the 2000 Act” substitute “ section 250 or 259 of the Sentencing Code ”.
(3) In paragraph (m)(i), for “section 102(1) of the 2000 Act” substitute “ section 241(1) of the Sentencing Code ”.
(4) In paragraph (m)(ii)—
(a) for “section 92(1) of the 2000 Act” substitute “ section 260(1) of the Sentencing Code ”;
(b) for “section 90 or 91 of that Act” substitute “ section 250 or 259 of that Code ”.
(5) In paragraph (n)(i), for “section 103(3) of the 2000 Act” substitute “ section 242(3) of the Sentencing Code ”.
(6) In paragraph (n)(ii), for “section 103(6) of that Act” substitute “ section 242(4) of that Code ”.
(7) In paragraph (n)(iii), for “section 104(3)(a) of that Act” substitute “ paragraph 3(8)(b) of Schedule 12 to that Code ”.
(8) In paragraph (n)(iv), for “section 105(2) of that Act” substitute “ paragraph 7(5) of that Schedule ”.
Magistrates' Courts Warrants (Specification of Provisions) Order 2000 (S.I. 2000/3278)
325 In Article 2 of the Magistrates' Courts Warrants (Specification of Provisions) Order 2000, after paragraph (g) insert—
(ga) in the Sentencing Code—
(i) sections 6(4) and 93(4)(b);
(ii) paragraph 3(2)(b) of Schedule 4;
(iii) paragraph 6(3) of Schedule 5;
(iv) paragraphs 5(2)(b), 12(4)(b), 13(3)(b), 17(2), 18(2)(b), 19(3)(b), 21(4), 22(7) and 23(4) of Schedule 7;
(v) paragraphs 8(2)(b) and (4), 9(2)(b) and (4), 14(4), 18(5), 20(2), 21(4), 23(4), 24(4) and 25(4) of Schedule 10;
(vi) paragraph 2(2)(b) of Schedule 12;
(vii) paragraphs 8(2)(b) and 25(6) of Schedule 16;
.
Young Offender Institution Rules 2000 (S.I. 2000/3371)
326 In rule 5(7)(a) of the Young Offender Institution Rules 2000, after “the 2003 Act” insert “ or by virtue of section 233 of the Sentencing Code ”.
327 In rule 5A(2)(b)(iii) of those rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.
328 In rule 60(1)(f) of those Rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.
Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
329 In regulation 31I(3)(c) of the Representation of the People (England and Wales) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.
Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
330 In regulation 31I(3)(c) of the Representation of the People (Scotland) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.
Child Tax Credit Regulations 2002 (S.I. 2002/2007)
331 In regulation 2(1) of the Child Tax Credit Regulations 2002, in paragraph (a) of the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051)
332 In article 5(3) of the Homelessness (Priority Need for Accommodation) (England) Order 2002—
(a) in paragraph (a), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”;
(b) in paragraph (c), for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.
Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 (S.I. 2003/336)
333 In the Schedule to the Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003, in Part 2, after the entry referring to the Powers of Criminal Courts (Sentencing) Act 2000 insert— “ Section 153 of the Sentencing Code (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1987, as applied by section 158 of the Sentencing Code, for the delivery of the property to a person appearing to be the owner of the property. ”
Guardian's Allowance (General) Regulations 2003 (S.I. 2003/495)
334 In regulation 7(1)(a) of the Guardian's Allowance (General) Regulations 2003, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ section 222 of the Sentencing Code or ”.
Magistrates' Courts (Parenting Orders) Rules 2004 (S.I. 2004/247)
335 In rule 7 of the Magistrates' Courts (Parenting Orders) Rules 2004, after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.
336 In rule 8 of those Rules, for “paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code ”.
337 In rule 9 of those Rules, for “paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code, ”.
Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)
338 In Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005, in paragraph 5, at the end of sub-paragraph (1) insert—
This is subject to section 1 of the Sentencing (Pre-consolidation) Amendments Act 2020 (and see also the exceptions in Schedule 1 to that Act).
Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181)
339 (1) Article 141F of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 is amended as follows.
(2) In paragraph (4)(a), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
(3) In paragraph (5)(a), after “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 3 of Part 7 of the Sentencing Code ”.
340 (1) Article 141ZE of that Order is amended as follows.
(2) In paragraph (4)(a), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.
(3) In paragraph (5)(a), after “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 3 of Part 7 of the Sentencing Code ”.
341 (1) Article 205 of that Order is amended as follows.
(2) In paragraph (4)(a), for “or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ , section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”.
(3) In paragraph (5)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ , section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 3 of Part 7 of the Sentencing Code ”.
342 In Schedule 5 to that Order, after the entry referring to the Powers of Criminal Courts (Sentencing) Act 2000 insert— “ Section 153 of the Sentencing Code (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1897, as applied by section 158 of the Sentencing Code, for the delivery of the property to a person appearing to be the owner of the property. ”
National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361)
343 In regulation 2(1) of the National Health Service (General Dental Services Contracts) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373)
344 In regulation 2(1) of the National Health Service (Personal Dental Services Agreements) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Dental Charges) Regulations 2005 (S.I. 2005/3477)
345 In regulation 2(1) of the National Health Service (Dental Charges) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Child Benefit (General) Regulations 2006 (S.I. 2006/223)
346 In regulation 1(3) of the Child Benefit (General) Regulations 2006, in paragraph (a) of the definition of “penalty”—
(a) after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 10 of the Sentencing Code ”;
(b) after “sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or sections 250, 259 and 260 of the Sentencing Code ”.
National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 (S.I. 2006/489 (W.58))
347 In regulation 2(1) of the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 (S.I. 2006/490 (W.59))
348 In regulation 2(1) of the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Dental Charges) (Wales) Regulations 2006 (S.I. 2006/491 (W.60))
349 In regulation 2(1) of the National Health Service (Dental Charges) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116)
350 In Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006, in paragraph 3A(3), for “section 30 of the Counter-Terrorism Act 2008” substitute “ section 69 of the Sentencing Code ”.
Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (S.I. 2006/2135)
351 In article 2(b) of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006, for “section 74(3) of the Act” substitute “ section 387(2) of the Sentencing Code ”.
352 In article 3(4) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.
353 (1) Article 4 of that Order is amended as follows.
(2) In paragraph (1)—
(a) for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”;
(b) in paragraph (a), for “section 74(5) or (6) of the Act” substitute “ section 387(4) or 388(5) of that Code ”;
(c) in paragraph (b), for “section 74(3) of the Act” substitute “ section 387(2) of that Code ”.
(3) In paragraph (3)—
(a) for “the offender falls within section 74(2)(c) of the Act and” substitute “ on a referral under section 388 of the Sentencing Code ”;
(b) for “section 74(6)” substitute “ subsection (5) of that section ”;
(c) for “the referral under section 74(3) of the Act” substitute “ the referral ”.
354 In article 5(2) of that Order, for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”.
355 In article 9 of that Order—
(a) in paragraph (1)(b), for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”;
(b) in paragraph (1)(c), for “section 74 of the Act” substitute “ section 387 or 388 of that Code ”;
(c) in paragraph (2)(c), for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”.
356 In article 11(1)(b) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.
357 In article 15(1) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.
National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (S.I. 2007/121 (W.11))
358 (1) In regulation 2(1) of the English language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007, in the definition of “secure training centre” (“canolfan hyfforddi diogel”), for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
(2) In regulation 2(1) of the Welsh language text of those Regulations, in the definition of “canolfan hyfforddi ddiogel” (“secure training centre”), for “o dan adran 100 o Ddeddf Pwerau'r Llysoedd Troseddol (Dedfrydu) 2000 (tramgwyddwyr o dan 18 oed: gorchmynion dal gafael a hyfforddi)” substitute “o fewn yr ystyr a roddir gan adran 233 o'r Cod Dedfrydu”.
Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174)
359 In Schedule 1 to the Criminal Defence Service (Funding) Order 2007, in paragraph 12(1), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
360 (1) Schedule 2 to that Order is amended as follows.
(2) In paragraph 2(1)(d), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
(3) In paragraph 12A(2)—
(a) in paragraph (b), for “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 385 of the Sentencing Code ”;
(b) in paragraph (c), for “section 74 of the Serious Organised Crime and Police Act 2005” substitute “ section 387 or 388 of the Sentencing Code ”.
361 In Schedule 5 to that Order, in paragraph 1(4)(e), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
Community Order (Review by Specified Courts) Order 2007 (S.I. 2007/2162)
362 In article 1 of the Community Order (Review by Specified Courts) Order 2007 omit paragraph (2).
363 In article 3(2) of that Order—
(a) for “under section 177(1)(i) of the 2003 Act,” substitute “ , within the meaning given by paragraph 19(1) of Schedule 9 to the Sentencing Code, ”;
(b) for “section 210 of that Act” substitute “ paragraph 21 of that Schedule ”.
364 (1) Article 4 of that Order is amended as follows.
(2) In paragraph (2)(d)—
(a) for “Chapter 4 of Part 12 of the 2003 Act” substitute “ Schedule 9 to the Sentencing Code ”;
(b) for “section 177(5) of the 2003 Act” substitute “ section 209(1) of the Sentencing Code ”.
(3) For paragraph (3) substitute—
(3) For the purposes of paragraph (2)(a) a requirement falling within any Part of Schedule 9 to the Sentencing Code is of the same kind as any other requirement falling within that Schedule.
(4) In paragraph (6), for “paragraph 9 or 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 10 or 11 of Schedule 10 to the Sentencing Code ”.
Immigration (Disposal of Property) Regulations 2008 (S.I. 2008/786)
365 In regulation 4(1)(a) and (b) of the Immigration (Disposal of Property) Regulations 2008, before “or section 25 of the 2007 Act” insert “ , section 156 of the Sentencing Code ”.
Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
366 In regulation 160(5) of the Employment and Support Allowance Regulations 2008, in the definition of “penalty”—
(a) after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;
(b) for “section 100 of that Act” substitute “ section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 10 of the Sentencing Code ”.
Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186)
367 In regulation 2(1) of the Primary Ophthalmic Services Regulations 2008, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741)
368 In regulation 38C(3)(c) of the Representation of the People (Northern Ireland) Regulations 2008, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.
Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)
369 In the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, after article 102 insert—
Seriousness of offence with terrorist connection
102A In section 238(6) of AFA 2006 (seriousness of offence with terrorist connection) the references—
(a) to an offence under section 42 of that Act include an SDA civil offence, and
(b) to the corresponding offence under the law of England and Wales include the corresponding civil offence.
370 In Schedule 1 to that Order, in paragraph 45—
(a) in sub-paragraph (2), after “2000” insert “ and section 245 of the Sentencing Code ”;
(b) omit sub-paragraph (3);
(c) in sub-paragraph (4), for “section 134(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 177A of the Armed Forces Act 2006 ”;
(d) in the heading to the paragraph, at the end insert “ and related provisions ”.
371 In Schedule 2 to that Order, in paragraph 8(2), for “section 94 of PCC(S)A 2000” substitute “ section 272(2)(a) of the Sentencing Code, as applied by section 210A of AFA 2006 ”.
Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209)
372 In rule 31(3) of the Armed Forces (Service Civilian Court) Rules 2009, for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ paragraph 23(2) of Schedule 10 to the Sentencing Code ”.
373 In rule 96(3)(b) of those Rules, for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ under paragraph 23(2) of Schedule 10 to the Sentencing Code ”.
374 (1) Rule 101 of those Rules is amended as follows.
(2) In paragraph (1)—
(a) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act) ”;
(b) in sub-paragraph (c) for “paragraph 5 of Schedule 8 to the 2003 Act” substitute “ paragraph 6 of Schedule 10 to the Sentencing Code ”.
(3) In paragraph (3)(a)—
(a) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code ”;
(b) for “paragraph 10” substitute “ paragraph 11 ”.
(4) In paragraph (3)(b), for “paragraph 8” substitute “ paragraph 8A ”.
375 (1) Rule 102 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act) ”.
(3) In paragraph (7)(a), for “paragraph 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 11 of Schedule 10 to the Sentencing Code ”.
376 (1) Rule 104 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 14 of Schedule 8 to the 2003 Act” substitute “ paragraph 15 of Schedule 10 to the Sentencing Code ”.
(3) In paragraph (4)(b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(a) of Schedule 10 to the Sentencing Code ”.
(4) In paragraph (6)—
(a) for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(b) of Schedule 10 to the Sentencing Code ”;
(b) in sub-paragraph (b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(a) of Schedule 10 to the Sentencing Code ”.
377 (1) Rule 105 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 17 of Schedule 8 to the 2003 Act” substitute “ paragraph 18 of Schedule 10 to the Sentencing Code ”.
(3) In paragraph (3)(a), for “paragraph 17(2) of Schedule 8 to the 2003 Act” substitute “ paragraph 18(7) of Schedule 10 to the Sentencing Code ”.
378 (1) Rule 106 of those Rules is amended as follows.
(2) In paragraph (1)—
(a) for “paragraph 20 of Schedule 8 to the 2003 Act” substitute “ paragraph 21 of Schedule 10 to the Sentencing Code ”;
(b) in sub-paragraph (a), for “section 200(2) of that Act” substitute “ paragraph 1(1)(b) of Schedule 9 to that Code ”.
(3) In paragraph (3)(b), for “section 200(2) of the 2003 Act” substitute “ paragraph 1(1)(b) of Schedule 9 to the Sentencing Code ”.
379 In Schedule 2 to those Rules, in paragraph 15(2), for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ paragraph 23(2) of Schedule 10 to the Sentencing Code ”.
Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212)
380 In regulation 3A of the Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009, in paragraphs (2)(b) and (3)(b), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.
Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 (S.I. 2009/1887)
381 (1) Schedule 1 to the Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 is amended as follows.
(2) In paragraph (a)—
(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(3) In paragraph (b)—
(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
382 In Schedule 2 to those Regulations, in paragraph (e)—
(a) for “section 177 or 189 of the Criminal Justice Act 2003 insofar as those sections” substitute “ Chapter 2 of Part 9 of the Sentencing Code or Chapter 5 of Part 10 of that Code insofar as those Chapters ”;
(b) for “section 207 of that Act” substitute “ paragraph 16 of Schedule 9 to that Code ”.
Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (S.I. 2009/1922)
383 In article 15F(6)(a) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”.
Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041)
384 In rule 2(2) of the Armed Forces (Court Martial) Rules 2009, in paragraph (a) of the definition of “activation order”, for “paragraph 8(2)(a) or (b) of Schedule 12 to the 2003 Act” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.
385 (1) Rule 3 of those Rules is amended as follows.
(2) In paragraph (2), in the definition of “suspended sentence order”—
(a) after “means an order under” insert “ section 264 or 277 of the Sentencing Code or ”;
(b) for “section 196(2)” substitute “ section 207 ”.
(3) For paragraph (3) substitute—
(3) Any reference in these Rules to Schedule 10 to the Sentencing Code is to that Schedule as modified by section 181 of the 2006 Act and Schedule 6A to that Act.
386 In rule 44(3) of those Rules, for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.
387 In rule 114(5)(b) of those Rules, for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.
388 (1) Rule 131 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 12(2A)(a) and (b) of Schedule 12 to the 2003 Act, as substituted by paragraph 8(1)” substitute “ paragraph 19(1)(a) and (b) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 ”.
(3) In sub-paragraph (2)—
(a) in the definition of “the relevant facts”, for “mentioned in those paragraphs, as so substituted” substitute “ referred to in paragraph (1) above ”;
(b) in the definition of “the original sentence”, after “means” insert “ the suspended sentence order mentioned in paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act, or ”;
(c) in the definition of “the new offence”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act ”;
(d) in the definition of “summons”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(2)(a) of Schedule 16 to the Sentencing Code, as so modified ”;
(e) in the definition of “warrant”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(2)(b) of Schedule 16 to the Sentencing Code, as so modified ”;
(f) in the definition of “relevant order”, for “paragraph 8(2) of Schedule 12 to the 2003 Act” substitute “ paragraph 13(1) of Schedule 16 to the Sentencing Code ”.
389 In rule 134(2)(c)(ii) of those Rules, for “section 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 7(2) of Schedule 12 to the Sentencing Code ”.
390 (1) Rule 140 of those Rules is amended as follows.
(2) In paragraph (1)—
(a) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) ”;
(b) in sub-paragraph (c) for “paragraph 5 of Schedule 8 to the 2003 Act” substitute “ paragraph 6 of Schedule 10 to the Sentencing Code ”.
(3) In paragraph (3)—
(a) in sub-paragraph (a)—
(i) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code ”;
(ii) for “paragraph 10” substitute “ paragraph 11 ”;
(b) in sub-paragraph (b), for “paragraph 8” substitute “ paragraph 8A ”.
391 (1) Rule 141 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) ”.
(3) In paragraph (8)(a), for “paragraph 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 11 of Schedule 10 to the Sentencing Code ”.
392 (1) Rule 142 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 14 of Schedule 8 to the 2003 Act” substitute “ paragraph 15 of Schedule 10 to the Sentencing Code ”.
(3) In paragraph (4)(b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3) of Schedule 10 to the Sentencing Code ”.
(4) In paragraph (6), in the opening words and in sub-paragraph (b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3) of Schedule 10 to the Sentencing Code ”.
393 (1) Rule 143 of those Rules is amended as follows.
(2) In paragraph (1), for “paragraph 17 of Schedule 8 to the 2003 Act” substitute “ paragraph 18 of Schedule 10 to the Sentencing Code ”.
(3) In paragraph (3)(a), for “paragraph 17(2) of Schedule 8 to the 2003 Act” substitute “ paragraph 18(7) of Schedule 10 to the Sentencing Code ”.
394 (1) Rule 144 of those Rules is amended as follows.
(2) In paragraph (1)—
(a) for “paragraph 20 of Schedule 8 to the 2003 Act” substitute “ paragraph 21 of Schedule 10 to the Sentencing Code ”;
(b) in sub-paragraph (a), for “section 200(2) of that Act” substitute “ paragraph 1(1)(b) of Schedule 9 to that Code ”.
(3) In paragraph (3)(b), for “section 200(2) of the 2003 Act” substitute “ paragraph 1(1)(b) of Schedule 9 to the Sentencing Code ”.
395 In Schedule 2 to those Rules, in paragraph 17(2), for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.
Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042)
396 In regulation 3 of the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009, for “as follows” substitute “ as set out in regulations 5 to 9 ”.
397 Omit regulation 4 of those Regulations.
398 After regulation 9 insert—
Modification of section 64 of the Sentencing Code (seriousness of offence: aggravating factor)
9A In its application to a civilian court dealing with an offender for a service offence, section 64 of the Sentencing Code (aggravating factor: offence committed on bail) is modified as if after the words “on bail” there were inserted “ or charged with a service offence and released from service custody ”
.
399 (1) Regulation 10 is amended as follows.
(2) In paragraph (1)—
(a) after “Part 12 of CJA 2003” insert “ and section 64 of the Sentencing Code ”;
(b) for “regulations 4 to 9” substitute “ regulations 5 to 9A ”.
(3) In paragraph (2), for “regulation 4” substitute “ regulation 9A ”.
(4) In paragraph (3), for “regulations 4 to 9” substitute “ regulations 5 to 9A ”.
Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009 (S.I. 2009/3074)
400 In article 4 of the Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009, for “Part 1 of the Criminal Justice and Immigration Act 2008 (c.4)” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.
Child Minding and Day Care (Disqualification) (Wales) Regulations 2010 (S.I. 2010/1703 (W.163))
401 (1) In regulation 3(9)(d) of the English language text of the Child Minding and Day Care (Disqualification) (Wales) Regulations 2010, after “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 79 or 80 of the Sentencing Code ”.
(2) In regulation 3(9)(ch) of the Welsh language text of those Regulations, after “adran 12 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 79 neu 80 o'r Cod Dedfrydu”.
Visits to Former Looked After Children in Detention (England) Regulations 2010 (S.I. 2010/2797)
402 In regulation 3(d) of the Visits to Former Looked After Children in Detention (England) Regulations 2010, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.
Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862)
403 (1) Schedule 1 to the Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 is amended as follows.
(2) In paragraph (a)—
(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(3) In paragraph (b)—
(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696)
404 In article 1 of the Criminal Justice Act 2003 (Surcharge) Order 2012 omit paragraph (2).
405 In article 2 of that Order, for “Section 161A(1) of the 2003 Act” substitute “ Section 42(1) of the Sentencing Code ”.
406 In the following provisions of that Order, for “section 161A of the 2003 Act” substitute “ section 42 of the Sentencing Code ”
(a) article 3(1) and (2);
(b) article 4(1) and (2);
(c) article 5(1) and (2);
(d) article 6(1) and (2).
407 (1) The Schedule to that Order is amended as follows.
(2) In Table 1—
(a) for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”;
(b) for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;
(c) for “section 16(2) or 16(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 85(1)(a) or (b) of the Sentencing Code ”;
(d) for “section 177(1) of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(e) for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;
(f) for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.
(3) In Table 2—
(a) for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”;
(b) for “section 177(1) of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;
(c) for “section 189(1) of the Criminal Justice Act 2003” (in both places) substitute “ section 264 or 277 of the Sentencing Code ”.
(4) In Table 3, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.
Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677)
408 In regulation 64(4)(a) of the Child Support Maintenance Calculation Regulations 2012—
(a) after “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000” insert” “ or section 397 of the Sentencing Code ”;
(b) for “section 96 of that Act” substitute “ section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 262 of the Sentencing Code ”.
National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996)
409 In regulation 2(1) of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9)
410 (1) Regulation 9 of the Criminal Legal Aid (General) Regulations 2013 is amended as follows.
(2) In paragraph (f)—
(a) for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ section 330 of the Sentencing Code ”;
(b) after “section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.
(3) In paragraph (g), for “section 8(1)(c) of the Crime and Disorder Act 1998” substitute “ section 366 of the Sentencing Code ”.
(4) In paragraph (h), after “section 9(5) of the Crime and Disorder Act 1998” insert “ or section 374 of the Sentencing Code ”.
(5) In paragraph (i), for “section 10 of the Crime and Disorder Act 1998” substitute “ section 366(10) of the Sentencing Code ”.
(6) In paragraph (j)—
(a) for “Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code ”;
(b) for “section 20 of that Act” substitute “ section 90 of that Code ”.
(7) In paragraph (n), after “sections 103A, 103E, 103F and 103H of the Sexual Offences Act 2003” insert “ or sections 345, 350 and 353 of the Sentencing Code ”.
411 In regulation 12(2)(d)(ii) of those Regulations, after “Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or in section 241 of the Sentencing Code, ”.
National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 (S.I. 2013/350)
412 In regulation 1(2) of the National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
413 In regulation 96(6)(c) of the Employment and Support Allowance Regulations 2013—
(a) after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;
(b) for “section 100 of that Act” substitute “ section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 10 of the Sentencing Code ”.
Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435)
414 In Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013, in paragraph 15(2), for “section 1 (deferment of sentence) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code (deferment of sentence) ”.
415 (1) Schedule 2 to those Regulations is amended as follows.
(2) In paragraph 2(1)(c), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
(3) In paragraph 16(2)—
(a) in paragraph (b), for “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 385 of the Sentencing Code ”;
(b) in paragraph (c), for “section 74 of the Serious Organised Crime and Police Act 2005” substitute “ section 387 or 388 of the Sentencing Code ”.
(4) In the table in Part 7, under Class H—
(a) in the entry for Breach of a sexual harm prevention order or interim sexual harm prevention order, in the second column, after “Sexual Offences Act 2003, s.103I” insert “ or Sentencing Code, s.354 ”;
(b) in the entry for Breach of restraining order, in the second column, for “Protection from Harassment Act 1997, s.5(5)” substitute “ Sentencing Code, s.363(1) ”.
416 In Schedule 4 to those Regulations, in paragraph 5(3)(b)(v), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.
National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461)
417 In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 2013, in paragraph (a) of the definition of “prisoner”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.
National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617)
418 (1) The Schedule to the National Health Service (Direct Payments) Regulations 2013 is amended as follows.
(2) In paragraph (a)—
(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(3) In paragraph (b)—
(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(4) In paragraph (f), for “paragraph 22 (drug treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”)” substitute “ paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”) or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) ”.
(5) In paragraph (g), after “paragraph 23 of Schedule 1 to the Criminal Justice Act 2008” insert “ or Part 14 of Schedule 6 to the Sentencing Code ”.
(6) In paragraph (h), after “paragraph 24 of Schedule 1 to the Criminal Justice Act 2008” insert “ or Part 15 of Schedule 6 to the Sentencing Code ”.
Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014 (S.I. 2014/669)
419 In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014, for “section 215(3) of the 2003 Act” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
420 In article 5 of that Order, for “paragraph 26(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 42(2) of Schedule 6 to the Sentencing Code ”.
Offender Management Act 2007 (Approved Premises) Regulations 2014 (S.I. 2014/1198)
421 In regulation 4 of the Offender Management Act 2007 (Approved Premises) Regulations 2014—
(a) in the definition of “community sentence”, for “section 147 of the Criminal Justice Act 2003” substitute “ section 397(1) of the Sentencing Code ”;
(b) in the definition of “suspended sentence order”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.
Special Educational Needs (Personal Budgets) Regulations 2014 (S.I. 2014/1652)
422 (1) The Schedule to the Special Educational Needs (Personal Budgets) Regulations 2014 is amended as follows.
(2) In paragraph (a)—
(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(3) In paragraph (b)—
(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(4) In paragraph (f), for “paragraph 22 (drug treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) ”.
(5) In paragraph (g), after “paragraph 23 of Schedule 1 to the Criminal Justice and Immigration Act 2008” insert “ or Part 14 of Schedule 6 to the Sentencing Code ”.
(6) In paragraph (h), for “paragraph 24 (intoxicating substance treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or Part 15 of Schedule 6 to the Sentencing Code (intoxicating substance treatment requirement) ”.
Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014 (S.I. 2014/1977)
423 In regulation 2(3)(a) of the Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014, for the words following "a conviction of an offence” substitute “ falling within section 308(3)(a) of the Sentencing Code ”.
Care and Support (Direct Payments) Regulations 2014 (S.I. 2014/2871)
424 (1) Schedule 1 to the Care and Support (Direct Payments) Regulations 2014 is amended as follows.
(2) In paragraph (a)—
(a) for “section 209 (drug rehabilitation requirement) of the Criminal Justice Act 2003 (“the 2003 Act”)” substitute “ section 209 of the Criminal Justice Act 2003 (“the 2003 Act”) or paragraph 19 of Schedule 9 to the Sentencing Code (drug rehabilitation requirement) ”;
(b) for “section 177 (community orders) of that Act” substitute “ section 177 of the 2003 Act or section 200 of the Sentencing Code (community order) ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(3) In paragraph (b)—
(a) for “section 212 of the Criminal Justice Act 2003” substitute “ section 212 of the 2003 Act or paragraph 23 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300)
425 In regulation 13(2) of the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014, for paragraph (2) substitute—
(2) The magistrates' court must give effect to the order by making a restraining order under section 360 of the Sentencing Code; and Chapter 3 of Part 11 of that Code has effect for the purposes of this regulation as if—
(a) for subsection (2) of that section there were substituted—
(2) The court may, subject to subsection (2A), make a restraining order under this section against a person causing danger for the purpose of protecting a protected person under the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (“the 2014 Regulations”).
(2A) The prohibitions or restrictions imposed on a person under subsection (2) must correspond as far as possible to those contained in the European protection order made by the competent authority of the issuing State.
;
(b) after subsection (3) of that section there were inserted—
(4) In this section—
“European protection order”, “person causing danger” and “protected person” have the meaning given by regulation 11(1) of the 2014 Regulations;
“issuing State” is to be construed in accordance with regulation 12(1) of those Regulations.
;
(c) sections 361 and 362 of the Sentencing Code were omitted.
426 (1) Regulation 17 of those regulations is amended as follows.
(2) In paragraph (6), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 360 of the Sentencing Code ”.
(3) In paragraph (7), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 361 of the Sentencing Code ”.
State Pension Regulations 2015 (S.I. 2015/173)
427 In regulation 3(2)(c) of the State Pension Regulations 2015, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.
National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570)
428 In regulation 11(3) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015, in paragraph (b) of the definition of “other secure accommodation”, for “detention and training orders have been made under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detentions and training orders)” substitute “ detention and training orders (within the meaning given by section 233 of the Sentencing Code) have been made ”.
Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I. 2015/796)
429 In regulation 1(2) of the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 omit the definition of “the POA 1985”.
430 (1) Regulation 2 of those regulations is amended as follows.
(2) In paragraph (1)—
(a) for “section 21A(1) of the POA 1985” substitute “ section 46(1) of the Sentencing Code ”;
(b) in sub-paragraph (a), for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 of the Sentencing Code ”.
(3) In paragraph (2), for sub-paragraph (b) substitute—
(b) for a relevant failure.
(4) After paragraph (2) insert—
(2A) In this regulation “relevant failure” means a failure to comply with—
(a) a requirement of a community order (within the meaning given by section 200 of the Sentencing Code),
(b) a community requirement of a suspended sentence order (within the meaning given by section 286 of the Sentencing Code), or
(c) a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.
(5) In paragraph (3)—
(a) for “section 21A(1) of the POA 1985” substitute “ section 46(1) of the Sentencing Code ”;
(b) for the words after “in respect of” substitute “ the relevant failure ”.
(6) In paragraph (4), for the words after “in the same proceedings” substitute “ two or more different kinds of relevant failure ”.
(7) In paragraph (5)(a)—
(a) for “section 21B(1)(b), (c) and (d) of the POA 1985” substitute “ paragraph (2A)(a), (b) and (c) ”;
(b) for “section 21B(1)(c) or (d)” substitute “ paragraph (2A)(b) or (c) ”.
(8) In paragraph (5)(b)—
(a) for “section 21B(1)(b) and (c) of the POA 1985” substitute “ paragraph (2A)(a) and (b) ”;
(b) for “section 21B(1)(c)” substitute “ paragraph (2A)(b) ”.
(9) In paragraph (5)(c)—
(a) for “section 21B(1)(b) and (d) of the POA 1985” substitute “ paragraph (2A)(a) and (c) ”;
(b) for “section 21B(1)(d)” substitute “ paragraph (2A)(c) ”.
(10) In paragraph (5)(d)—
(a) for “section 21B(1)(c) and (d) of the POA 1985” substitute “ paragraph (2A)(b) and (c) ”;
(b) for “section 21B(1)(d)” substitute “ paragraph (2A)(c) ”.
(11) Omit sub-paragraph (e) of paragraph (5).
431 In regulation 4 of those Regulations, for “section 21E(4) of the POA 1985” substitute “ section 50(4) of the Sentencing Code ”.
Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015 (S.I. 2015/1265 (W.85))
432 (1) In regulation 2(j)(i) of the English language text of the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
(2) In regulation 2(j)(i) of the Welsh language text of those Regulations, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.
Care and Support (Direct Payments) (Wales) Regulations 2015 (S.I. 2015/1815 (W.260))
433 (1) The Schedule to the Care and Support (Direct Payments) (Wales) Regulations 2015 is amended as follows.
(2) In paragraph (a) of the English language text—
(a) after “section 209 of the Criminal Justice Act 2003 insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(3) In paragraph (a) of the Welsh language text—
(a) after “adran 209 o Ddeddf Cyfiawnder Troseddol 2003” insert “neu baragraff 19 o Atodlen 9 i'r Cod Dedfrydu”;
(b) after “adran 177 o'r Ddeddf honno” insert “neu adran 200 o'r Cod hwnnw”;
(c) after “adran 189 o'r Ddeddf honno” insert “neu adran 286 o'r Cod hwnnw”.
(4) In paragraph (b) of the English language text—
(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;
(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;
(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.
(5) In paragraph (b) of the Welsh language text—
(a) after “adran 212 o Ddeddf Cyfiawnder Troseddol 2003” insert “neu baragraff 23 o Atodlen 9 i'r Cod Dedfrydu”;
(b) after “adran 177 o'r Ddeddf honno” insert “neu adran 200 o'r Cod hwnnw”;
(c) after “adran 189 o'r Ddeddf honno” insert “neu adran 286 o'r Cod hwnnw”.
Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298))
434 (1) In regulation 14(a) of the English language text of the Children (Secure Accommodation) (Wales) Regulations 2015, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”.
(2) In regulation 14(a) of the Welsh language text of those Regulations, after “adran 90 neu 91 o Ddeddf Pwerau'r Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 250 neu 259 o'r Cod Dedfrydu”.
Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961)
435 In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016, for “section 215(3) of the Criminal Justice Act 2003” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017 (S.I. 2017/235)
436 In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017, for “section 215(3) of the Criminal Justice Act 2003” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.
Bereavement Support Payment Regulations 2017 (S.I. 2017/410)
437 In regulation 7(2)(c) of the Bereavement Support Payment Regulations 2017, after “section 189 of the Criminal Justice Act 2003” insert “ or section 286 of the Sentencing Code ”.
Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018 (S.I. 2018/210)
438 In article 3 of the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018, for “section 212A(6) of the Criminal Justice Act 2003” substitute “ paragraph 25(7)(c) of Schedule 9 to the Sentencing Code ”.
Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (S.I. 2018/794)
439 In Schedule 1 to the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, in paragraph 8, for “or paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ , paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or paragraph 24 of Schedule 6 to the Sentencing Code ”.
Social Workers Regulations 2018 (S.I. 2018/893)
440 In regulation 2(1) of the Social Workers Regulations 2018, in the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.
Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158)
441 In article 5(c) of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020, after “section 236A of the 2003 Act” insert “ or section 265 or 278 of the Sentencing Code ”.
PART 6 Amendment of provisions referring to section 154 of Criminal Justice Act 2003
Primary legislation
442 In section 255ZA(6) of the Criminal Justice Act 2003, for “section 154(1)” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”.
443 (1) In the following provisions, for “section 154(1) of the Criminal Justice Act 2003” or “section 154(1) of the Criminal Justice Act 2003 (c. 44)” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”
section 1A(8) of the Prevention of Crime Act 1953;
sections 1(10), 4(13), 5(13) and 22(6) of the Nuclear Installations Act 1965;
section 4A(2)(a)(i) of the Firearms Act 1968;
paragraph 2(2) of Schedule 3A to the Health and Safety at Work etc. Act 1974;
section 44BC(5) of the Solicitors Act 1974;
section 88G(7) of the Alcoholic Liquor Duties Act 1979;
section 20AAC(4)(a)(i) of the Hydrocarbon Oil Duties Act 1979;
section 430(4A) of the Insolvency Act 1986;
section 29L(4) of the Public Order Act 1986;
section 1(5) of the Malicious Communications Act 1988;
sections 139A(5ZA) (as to be inserted by section 45(5) of the Offensive Weapons Act 2019) and 139AA(10) of the Criminal Justice Act 1988;
section 63B(8) of the Local Government Finance Act 1988;
section 8A(11)(a)(i) of the Firearms (Amendment) Act 1988;
section 196D(6) of the Town and Country Planning Act 1990;
in the Local Government Finance Act 1992—
section 14B(5);
paragraph 15D(7) of Schedule 2;
section 1(7) of the Prisoners (Return to Custody) Act 1995;
section 110(5H) of the Environment Act 1995;
section 4A(6) of the Protection from Harassment Act 1997;
section 32ZA(6) of the Crime (Sentences) Act 1997;
section 23(1G)(a) of the Financial Services and Markets Act 2000;
section 4A(9)(a) of the Private Security Industry Act 2001 (as to be inserted by section 42 of the Crime and Security Act 2010);
in the Anti-terrorism, Crime and Security Act 2001—
section 77(3A);
paragraph 7(6)(a)(i) and (7)(a)(i) of Schedule 3;
section 35(9) of the Tax Credits Act 2002;
paragraph 9B(6) of Schedule 5 to the Courts Act 2003;
section 67A(5) of the Sexual Offences Act 2003;
section 12(3)(a) of the Gangmasters (Licensing) Act 2004;
section 131C(6)(a) of the Energy Act 2004;
section 34(9) of the Fire and Rescue Services Act 2004;
in the Companies (Audit, Investigations and Community Enterprise) Act 2004—
sections 15A(6), 15C(6) and 25(2)(a);
paragraph 5(3) of Schedule 7;
paragraph 1(2) of Schedule 12 to the Domestic Violence, Crime and Victims Act 2004;
section 58(1) of the Human Tissue Act 2004;
section 210(7) of the Housing Act 2004;
section 51E(3)(a) of the Constitutional Reform Act 2005;
section 175(2) of the Serious Organised Crime and Police Act 2005;
sections 41(3) and 105(2) of the Clean Neighbourhoods and Environment Act 2005;
sections 109(4) and 111(5) of the Education Act 2005;
sections 1(8), 2(12), 6(6) and 8(5) of the Terrorism Act 2006;
section 21(4) of the Immigration, Asylum and Nationality Act 2006;
section 12(6) of the Children and Adoption Act 2006;
section 13B(5) of the Childcare Act 2006;
section 78(2) of the Health Act 2006;
paragraph 1 of Schedule 2 to the Fraud Act 2006;
in the National Health Service Act 2006—
section 208(1);
paragraph 8(4) of Schedule 10;
section 156(1) of the National Health Service (Wales) Act 2006;
sections 1131(2), 1186(3), 1191(3) and 1250(5) of the Companies Act 2006;
section 38(6) of the Police and Justice Act 2006;
section 61(5) of the Road Safety Act 2006;
paragraph 16 of Schedule 10 to the Charities Act 2006;
section 6(5) of the Legislative and Regulatory Reform Act 2006;
section 3(8)(a) of the Digital Switchover (Disclosure of Information) Act 2007;
in the Tribunals, Courts and Enforcement Act 2007—
sections 92(3) and 105(2);
paragraph 15(4) of Schedule 20;
section 39(11)(a) of the Statistics and Registration Service Act 2007;
sections 14(5), 16(7), 17(3) and 181(3) of the Legal Services Act 2007;
paragraphs 23 and 31 of Schedule 27 to the Criminal Justice and Immigration Act 2008;
section 49(2)(a) of the Regulatory Enforcement and Sanctions Act 2008;
sections 10(5) and 76(4) of the Health and Social Care Act 2008;
paragraph 30(6)(a) of Schedule 2 to the Climate Change Act 2008;
in the Counter-Terrorism Act 2008—
section 54(3)(a);
section 76(2);
paragraph 15(3)(a) of Schedule 5;
paragraphs 30(4A)(a)(i), 30A(1A)(a)(i) and 31(2)(a)(i) of Schedule 7;
paragraph 10(2) of Schedule A1 to the English language text of the Learner Travel (Wales) Measure 2008 (nawm 2);
section 40 of the Political Parties and Elections Act 2009;
section 10(3)(a) of the Parliamentary Standards Act 2009;
paragraphs 12(1), 13 and 14 of Schedule 22 to the Coroners and Justice Act 2009;
section 11(4)(a) of the Bribery Act 2010;
section 32(3)(a) of the Terrorist Asset-Freezing etc. Act 2010;
section 6(4) of the Identity Documents Act 2010;
paragraph 5(5)(a) of Schedule 25 to the Finance Act 2011;
section 23(4) of the Terrorism Prevention and Investigation Measures Act 2011;
paragraphs 14 and 24 of Schedule 9 to the Charities Act 2011;
sections 129(9) and 132(9) of the Welfare Reform Act 2012;
in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—
section 33(7);
section 143(6);
paragraph 2(7) of Schedule 6;
paragraph 37(4)(a) of Schedule 24 to the Finance Act 2012;
section 92(2)(a) of the Financial Services Act 2012;
section 13(3) of the Electoral Registration and Administration Act 2013;
in the Crime and Courts Act 2013—
section 28(8)(a);
paragraph 30(4)(a) of Schedule 16;
paragraph 66(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013;
in the Energy Act 2013—
sections 75(3)(a)(i), 102(4), 103(3) and 105(8);
paragraphs 7(3) and 17(4) of Schedule 8;
paragraph 6(2) of Schedule 9;
paragraph 13(8) of Schedule 10;
in the Financial Services (Banking Reform) Act 2013—
sections 36(4)(a)(i) and 90(7)(a)(i);
paragraph 14(2)(a)(i) of Schedule 5;
paragraph 9 of Schedule 5 to the English language text of the Mobile Homes (Wales) Act 2013 (anaw 6);
section 9(7) of the Mesothelioma Act 2014;
sections 120(7) and 121(10) of the Anti-social Behaviour, Crime and Policing Act 2014;
paragraphs 2(4)(a) and 6(2)(a) of Schedule 5 to the Defence Reform Act 2014;
paragraph 37(5)(a) of Schedule 8 to the Water Act 2014;
section 33C(2) of the Immigration Act 2014;
section 174(4)(a) of the Finance Act 2014;
in the Criminal Justice and Courts Act 2015—
sections 20(9), 29(3)(a) and 33(11);
paragraphs 15(4) and 25(4) of Schedule 10;
section 49(1) of the Counter-Terrorism and Security Act 2015;
section 86(14) of the Serious Crime Act 2015;
paragraph 21(2)(a) of Schedule 4 to the Recall of MPs Act 2015;
section 5(4) of the Modern Slavery Act 2015;
sections 10(1)(a)(i) and (2)(a)(i) and 26(2)(a)(i) of the Psychoactive Substances Act 2016;
section 27(3) of the Immigration Act 2016;
sections 11(4)(a)(i), 43(7)(a)(i), 59(2)(a)(i), 82(3)(a)(i), 134(2)(a)(i), 155(2)(a)(i), 173(2)(a)(i), 174(3)(a)(i), 196(2)(a)(i) and 224(4)(a)(i) of the Investigatory Powers Act 2016;
sections 68(4)(a) and 153(8)(b)(i) of the Policing and Crime Act 2017;
sections 50(6) and 51(7) of the Finance Act 2017;
sections 41(7), 50(7), 58(7), 66(13) and 68(11) of the Digital Economy Act 2017;
section 53(6) of the Finance (No. 2) Act 2017;
sections 1(5) and 2(5) of the Laser Misuse (Vehicles) Act 2018;
section 17(5)(b)(i) of the Sanctions and Anti-Money Laundering Act 2018;
section 1(4) of the Assaults on Emergency Workers (Offences) Act 2018;
section 12(5) of the Ivory Act 2018;
sections 8(3) and 11(7) of the Stalking Protection Act 2019;
sections 6(8), 25(3), 29(3) and 52(7) of the Offensive Weapons Act 2019.
(2) In the Welsh language text of paragraph 10(2) of Schedule A1 to the Learner Travel (Wales) Measure 2008 (nawm 2), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ paragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.
(3) In the Welsh language text of paragraph 9 of Schedule 5 to the Mobile Homes (Wales) Act 2013 (anaw 6), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ baragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.
444 In the following provisions, for “section 154(1) of that Act” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”
(a) paragraph 52(2) of Schedule 11 to the Government of Wales Act 2006;
(b) section 22(4)(b) of the Public Bodies Act 2011.
445 In the following provisions, for “section 154 of the Criminal Justice Act 2003” or “section 154 of the Criminal Justice Act 2003 (c. 44)” substitute “ paragraph 24 of Schedule 22 to the Sentencing Act 2020 ”
section 63(2) of the Children Act 2004;
sections 2(15), 5(11) and 35(9) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.
Secondary legislation
446 (1) In the following provisions, for “section 154(1) of the Criminal Justice Act 2003”substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”
regulation 3(5)(a) of the Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007 (S.I. 2007/1550);
articles 34(8), 35(9) and 36(8) of the Export Control Order 2008 (S.I. 2008/3231);
regulation 6(7) of the English language text of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848 (W.177));
regulation 13(3)(a) of the Zimbabwe (Financial Sanctions) Regulations 2009 (S.I. 2009/847);
article 12(14) of the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886);
regulation 32A(4) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348);
article 14(14) of the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749);
paragraph 6(2) of Schedule 3 to the Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157);
paragraph 6(2) of Schedule 3 to the English language text of the Environmental Civil Sanctions (Wales) Order 2010 (S.I. 2010/1821 (W.178));
paragraph 5(4) of Schedule 4 to the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837);
regulation 15(3)(a) of the Somalia (Asset-Freezing) Regulations 2010 (S.I. 2010/2956);
article 4(5) of the Export Control (Somalia) Order (S.I. 2011/146);
regulation 14(3)(a) of the Egypt (Asset-Freezing) Regulations 2011 (S.I. 2011/887);
regulation 14(3)(a) of the Tunisia (Asset-Freezing) Regulations 2011 (S.I. 2011/888);
regulation 14(3)(a) of the Iran (Asset-Freezing) Regulations 2011 (S.I. 2011/1129);
regulation 6(8) of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011 (S.I. 2011/1830);
regulation 14(3)(a) of the Afghanistan (Asset-Freezing) Regulations 2011 (S.I. 2011/1893);
article 6(2) of the Export Control (Belarus) and (Syria Amendment) Order 2011 (S.I. 2011/2010);
regulation 14(3)(a) of the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (S.I. 2011/2742);
regulation 18(3)(a) of the Syria (European Union Financial Sanctions) Regulations 2012 (S.I. 2012/129);
regulation 6(7) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323);
regulation 12(7) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444);
regulation 13(3)(a) of the Guinea-Bissau (Asset-Freezing) Regulations 2012 (S.I. 2012/1301);
regulation 13(3)(a) of the Iraq (Asset-Freezing) Regulations 2012 (S.I. 2012/1489);
regulation 13(3)(a) of the Republic of Guinea (Asset-Freezing) Regulations 2012 (S.I. 2012/1508);
regulation 13(3)(a) of the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 (S.I. 2012/1511);
regulation 13(3)(a) of the Eritrea (Asset-Freezing) Regulations 2012 (S.I. 2012/1515);
regulation 13(3)(a) of the Lebanon and Syria (Asset-Freezing) Regulations 2012 (S.I. 2012/1517);
regulation 6(6) of the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031);
regulation 13(3)(a) of the Belarus (Asset-Freezing) Regulations 2013 (S.I. 2013/164);
article 17(2) of the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012);
regulation 12(3)(a) of the Ukraine (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/507);
regulation 12(3)(a) of the Central African Republic (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/587);
regulation 12(3)(a) of the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 (S.I. 2014/693);
regulation 12(3)(a) of the Sudan (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/1826);
regulation 6(3)(a) of the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 (S.I. 2014/2054);
article 11(2) of the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 (S.I. 2014/2357);
regulation 12(3)(a) of the Yemen (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/3349);
regulation 11(6) of the Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015 (S.I. 2015/979);
regulation 12(3)(a) of the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 (S.I. 2015/1361);
article 7(2) of the Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 2015 (S.I. 2015/1546);
regulation 12(3)(a) of the Burundi (European Union Financial Sanctions) Regulations 2015 (S.I. 2015/1740);
regulation 14(1)(f)(i) of the Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911);
regulation 13(3)(a) of the Iran (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/36);
regulation 12(3)(a) of the Libya (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/45);
article 15(2) of the Export Control (Iran Sanctions) Order 2016 (S.I. 2016/503);
article 9(2) of the Export Control (Libya Sanctions) Order 2016 (S.I. 2016/787);
regulation 39(3) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);
regulation 19(5) of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257);
regulation 26(3)(a) of the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/218);
regulation 135(1)(g)(i) of the Payment Services Regulations 2017 (S.I. 2017/752);
regulation 12(3)(a) of the Republic of Mali (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/972);
regulation 12(3)(a) of the Venezuela (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/1094);
paragraph 16(2) of the Schedule to the Environmental Protection (Microbeads) (England) Regulations 2017 (S.I. 2017/1312);
article 8(5) of the Export Control (Venezuela Sanctions) Order 2018 (S.I. 2018/108);
article 22(4) of the Export Control (North Korea Sanctions) Order 2018 (S.I. 2018/200);
regulation 11(3) of the Nuclear Security (Secretary of State Security Directions) Regulations 2018 (S.I. 2018/408);
regulation 12(3)(a) of the Burma (European Union Financial Sanctions) Regulations 2018 (S.I. 2018/539);
paragraph 16(2) of the Schedule to the English language text of the Environmental Protection (Microbeads) (Wales) Regulations 2018 (S.I. 2018/760 (W.151));
regulation 12(3)(a) of the Republic of Maldives (Asset-Freezing) Regulations 2018 (S.I. 2018/861);
article 8(4) of the Export Control (Burma Sanctions) (No. 2) Order 2018 (S.I. 2018/894);
regulation 12(3)(a) of the Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/1090);
regulation 51(5) of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I. 2019/134);
regulation 51(5) of the Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135);
regulation 51(5) of the Burma (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/136);
regulation 110(5) of the Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/411);
regulation 49(5) of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433);
regulation 49(5) of the South Sudan (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/438);
regulation 56(5) of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 (S.I. 2019/461);
regulation 39(4) of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466);
regulation 31(4) of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554);
regulation 42(5) of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573);
regulation 28(4) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577);
regulation 48(5) of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600);
regulation 49(5) of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604);
regulation 31(4) of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2109/618);
regulation 79(5) of the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792);
regulation 80(5) of the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855);
regulation 12(3)(a) of the Cyber-Attacks (Asset-Freezing) Regulations 2019 (S.I. 2019/956);
regulation 30(4) of the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142);
regulation 30(4) of the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145);
regulation 12(3)(a) of the Nicaragua (Asset-Freezing) Regulations 2019 (S.I. 2019/1353);
regulation 12(3)(a) of the Turkey (Asset-Freezing) Regulations 2019 (S.I. 2019/1512).
article 9(1)(b)(i) and (2)(b)(i) of the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (S.I. 2020/36);
regulation 30(4) of the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597);
regulation 31(4) of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608);
regulation 30(4) of the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610);
regulation 24(3) of the Lebanon (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/612);
regulation 49(5) of the Central African Republic (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/616);
regulation 25(3) of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 (S.I. 2020/617);
regulation 63(5) of the Somalia (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/642);
regulation 32(4) of the Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680).
(2) In the Welsh language text of regulation 6(7) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848 (W.177)), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ paragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.
(3) In the Welsh language text of the following provisions, for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ baragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”
paragraph 6(2) of Schedule 3 to the Environmental Civil Sanctions (Wales) Order 2010 (S.I. 2010/1821 (W.178));
paragraph 16(2) of the Schedule to the Environmental Protection (Microbeads) (Wales) Regulations 2018 (S.I. 2018/760 (W.151)).
PART 7 Commencement
447 The following provisions of this Schedule, which relate to dealing with a person for an offence or in relation to a sentence for an offence, have effect only where the offender is convicted of the offence on or after 1 December 2020—
paragraphs 6 and 7 (amendments of the Prevention of Crime Act 1953);
paragraph 8 (amendment of section 21 of the Copyright Act 1956);
paragraphs 9 to 13 (amendments of the Criminal Appeal Act 1968);
paragraph 14 (amendments of section 8(1ZA) of the Criminal Appeal Act 1968);
paragraphs 16 and 17 (amendments of the Firearms Act 1968);
paragraph 26 (amendments of Schedule 9 to the Administration of Justice Act 1970);
paragraph 27 (amendments of section 4A of the Misuse of Drugs Act 1971);
paragraph 29 (amendment of section 119(2) of the Consumer Credit Act 1974);
paragraph 30 (amendment of section 43(7) of the Solicitors Act 1974);
paragraph 34 (amendment of section 7(2)(d) of the Rehabilitation of Offenders Act 1974);
paragraphs 36 and 37 (amendments of the Bail Act 1976);
paragraph 38 (amendment of section 3(1) of the Criminal Law Act 1977);
paragraph 41 (amendment of section 29 of the Ancient Monuments and Archaeological Areas Act 1979);
paragraph 42 (amendment of section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980);
paragraphs 43, 45, 47, 48 and 50 to 59 (amendments of the Magistrates' Courts Act 1980);
paragraph 64 (amendment of section 4(5)(b) of the Criminal Attempts Act 1981);
paragraph 68 (amendment of section 52 of the Senior Courts Act 1981);
paragraph 71 (amendment of section 46(3) of the Criminal Justice Act 1982);
paragraphs 73 and 74 (amendments of the Mental Health Act 1983);
paragraphs 81 to 83 (amendments of the Prosecution of Offences Act 1985);
paragraph 86 (amendment of section 2(1) of the Surrey Act 1985);
paragraph 87 (amendment of section 2(1) the Clwyd County Council Act 1985);
paragraphs 89 to 93 (amendments of the Criminal Justice Act 1988);
paragraphs 95 and 96 (amendments of the Copyright, Designs and Patents Act 1988);
paragraph 98 (amendment of section 164(5) of the Road Traffic Act 1988);
paragraphs 99, 102, 105(2) and 106 (amendments of the Road Traffic Offenders Act 1988);
paragraph 107 (amendment of section 14A(5) of the Football Spectators Act 1989);
paragraph 114(2) (amendment of paragraph 13(2)(c) of Schedule 3 to the Children Act 1989);
paragraphs 116 and 117 (amendments of the Environmental Protection Act 1990);
paragraph 122 (amendment of section 121(2) of the Social Security Administration Act 1992);
paragraph 123 (amendment of section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992);
paragraphs 126 and 127 (amendments of the Vehicle Excise and Registration Act 1994);
paragraph 130 (amendment of section 136(7A) of the Criminal Justice and Public Order Act 1994);
paragraphs 135 to 140 (amendments of the Criminal Procedure and Investigations Act 1996);
paragraph 144 (amendment of section 5A of the Protection from Harassment Act 1997);
paragraphs 147 and 148 (amendments of the Crime (Sentences) Act 1997);
paragraphs 152, 153, 157 and 158 (amendments of the Crime and Disorder Act 1998);
paragraphs 164 to 167 and 170 (amendments of the Powers of Criminal Courts (Sentencing) Act 2000);
paragraphs 171 and 172 (amendments of the Terrorism Act 2000);
paragraphs 181 to 184, 189, 192, 193, 195 and 198 (amendments of the Proceeds of Crime Act 2002);
paragraphs 229 to 232, 241, 242, 248 and 249 (amendments of the Criminal Justice Act 2003);
paragraphs 251 and 252 (amendments of the Domestic Violence, Crime and Victims Act 2004);
paragraphs 254 and 255 (amendments of the Serious Organised Crime and Police Act 2005);
paragraph 257 (amendment of paragraph 7 of Schedule 5 to the Wireless Telegraphy Act 2006);
paragraph 258 (amendments of section 29 of the Violent Crime Reduction Act 2006);
paragraph 264 (amendment of section 36(5) of the Serious Crime Act 2007);
paragraph 265 (amendment of section 8 of the London Local Authorities Act 2007);
paragraphs 266, 267 and 270 (amendments of the Criminal Justice and Immigration Act 2008);
paragraphs 271 and 272 (amendments of the Education and Skills Act 2008);
paragraphs 273, 274 and 276(a) (amendments of sections 30 and 42 of, and paragraph 2(1) of Schedule 6 to, the Counter-Terrorism Act 2008);
paragraphs 277 and 278 (amendments of the Coroners and Justice Act 2009);
paragraph 284 (amendment of section 23(5)(a) of the Terrorism Prevention and Investigation Measures Act 2011);
paragraph 290 (amendments of section 4(12) of the Prevention of Social Housing Fraud Act 2013);
paragraph 291 (amendment of section 10(6)(a) of the Counter-Terrorism and Security Act 2015);
paragraphs 293 and 294 (amendments of the Modern Slavery Act 2015);
paragraphs 295 and 296 (amendments of the Psychoactive Substances Act 2016);
paragraph 298 (amendment of section 8(4) of the Stalking Protection Act 2019);
paragraph 316 (amendments of regulation 14 of the Costs in Criminal Cases (General) Regulations 1986);
paragraph 321 (amendment of article 3(b) of the Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997);
paragraph 350 (amendment of paragraph 3A(3) of Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006);
paragraphs 351 to 357 (amendments of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006);
paragraphs 359 to 361 (amendments of the Criminal Defence Service (Funding) Order 2007);
paragraphs 362 to 364 (amendments of the Community Order (Review by Specified Courts) Order 2007);
paragraphs 373 to 379 (amendments of the Armed Forces (Service Civilian Court) Rules 2009);
paragraph 380 (amendment of regulation 3A of the Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009);
paragraphs 387 and 390 to 395 (amendments of the Armed Forces (Court Martial) Rules 2009);
paragraphs 396 to 399 (amendments of the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009);
paragraphs 404 to 407 (amendments of the Criminal Justice Act 2003 (Surcharge) Order 2012);
paragraph 410 (amendments of regulation 9 of the Criminal Legal Aid (General) Regulations 2013);
paragraphs 414 to 416 (amendments of the Criminal Legal Aid (Remuneration) Regulations 2013);
paragraphs 419 and 420 (amendments of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014);
paragraphs 429 to 431 (amendments of the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015);
paragraph 435 (amendment of article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016);
paragraph 436 (amendment of article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017);
paragraph 438 (amendment of article 3 of the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018;
Part 6 (amendment of provisions referring to section 154 of the Criminal Justice Act 2003).
SCHEDULE 25 Amendments to the Armed Forces Act 2006
Section 411
PART 1 Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.
1 Chapter 1 of Part 8 of the Armed Forces Act 2006 is amended as follows.
2 After section 177 insert—
Effect of service compensation order on subsequent award of damages in civil proceedings
177A (1) This section has effect where—
(a) a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and
(b) a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.
(2) The damages in the civil proceedings must be assessed without regard to the order.
(3) But the claimant may recover only an amount equal to the aggregate of—
(a) any amount by which the damages assessed exceed the compensation, and
(b) a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).
(4) The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.
3 (1) Section 178 (service community orders) is amended as follows.
(2) In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.
(3) For subsections (2) to (4) substitute—
(2) The following provisions of the Sentencing Code apply in relation to a service community order under this Act—
(a) section 203 (restriction on making both community order and suspended sentence order);
(b) sections 206 and 207 (community order: available requirements);
(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than paragraph 17(2)(c) of that Schedule (condition for mental health treatment requirement) (see also the modifications to Schedule 9 made by section 179 of this Act);
(d) section 208(10) to (14) (further requirements);
(e) section 209 (end date);
(f) section 210 (specification of local justice area);
(g) section 217 (power to provide for court review);
(h) section 212(1) to (3) and (5) (provision of copies);
(i) sections 213 to 216 (obligations of responsible officer and offender);
(j) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by section 181 of this Act);
(k) section 219 and Schedule 11 (transfer of community order to Scotland or Northern Ireland) (see also the modifications to Schedule 11 made by section 180 of this Act);
(l) section 220 (when order ceases to be in force);
(m) section 394 (rules relating to community orders);
(n) section 395 (data from electronic monitoring code).
(3) In the application of those provisions, other than Schedule 10, references to a community order include a service community order.
See section 181(1) of this Act as regards references to a community order in Schedule 10.
(4) In the application of those provisions, other than in Schedules 10 and 11, references to a court include a relevant service court.
See section 180 of this Act as regards references to a court in Schedule 11.
(4) Omit subsection (5).
4 For section 179 (periodic review etc of service community orders) substitute—
Review of service community order imposing drug rehabilitation requirement
179 (1) In their application to a service community order, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.
(2) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for paragraphs (4) to (6) there were substituted—
(4) In this paragraph “the responsible court”, in relation to a service community order imposing a drug rehabilitation requirement, means the Crown Court.
(3) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—
(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—
(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;
(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
(5B) Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
5 For section 180 (transfer of service community order to Scotland or Northern Ireland) substitute—
Transfer of service community order to Scotland or Northern Ireland
180 (1) In its application to service community orders, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) applies with the following modifications.
(2) In paragraphs 1, 3, 5, 6, 7, 9, 11, 12, 13, 15 and 17 the references to a court are to be read as including a relevant service court.
(3) In paragraph 14, the reference to a court in England and Wales is to be read as including a relevant service court.
(4) In paragraph 15(d), the reference to the powers of the court making or amending the community order is to be read as a reference to the powers of the Crown Court.
(5) In paragraph 21(6) to (8), the references to the court which made the order are to be read as including a relevant service court.
(6) In paragraph 22(1), the reference to the court which made the order or which last amended the order in England and Wales is to be read as a reference to the Crown Court.
(7) In paragraphs 23 to 26, the references to a court in England and Wales are to be read as references to the Crown Court.
(8) In this section “relevant service court” has the same meaning as in section 178.
6 For section 181 (breach, revocation or amendment of service community order) substitute—
Breach, revocation or amendment of service community order
181 (1) Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to a service community order as it applies to a Crown Court community order (within the meaning of that Schedule) with the following modifications.
(2) Paragraph 1(1) has effect as if, for the definition of “appropriate court” there were substituted—
“appropriate court” means the Crown Court;
.
(3) Part 1 has effect as if, after paragraph 5, the following paragraph were inserted—
Re-sentencing powers
5A (1) Sub-paragraphs (2) and (3) apply where—
(a) this Schedule provides the court with a power to re-sentence an offender for the offence in respect of which a service community order was made, and
(b) the service community order was made by the Service Civilian Court.
(2) A term of imprisonment or detention in a young offender institution imposed under the power to re-sentence the offender must not exceed 6 months.
(3) A fine imposed under the power to re-sentence the offender must not exceed the prescribed sum (within the meaning of section 32 of the Magistrates' Courts Act 1980).
(4) Where a sentence is passed by virtue of a power in this Schedule for a court to re-sentence an offender, section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
(4) Paragraph 11 has effect as if sub-paragraph (3) were omitted.
(5) Paragraph 27 has effect as if sub-paragraphs (3)(b), (5) and (6) were omitted.
7 (1) Section 182 (overseas community orders) is amended as follows.
(2) In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.
(3) In subsection (1A), for the words from “a requirement” to the end, substitute
any of the following—
(a) a foreign travel prohibition requirement;
(b) an alcohol abstinence and monitoring requirement;
(c) an electronic compliance monitoring requirement;
(d) an electronic whereabouts monitoring requirement.
(4) In subsection (2), omit “mentioned in section 177(1) of the 2003 Act”.
(5) For subsections (3) to (5) substitute—
(3) The following provisions of the Sentencing Code apply in relation to an overseas community order under this Act—
(a) section 203 (restriction on making both community order and suspended sentence order);
(b) sections 206 and 207(3) (community order: available requirements);
(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than the following provisions of that Schedule—
(i) paragraph 3(1)(b) (unpaid work requirement: availability of arrangements);
(ii) paragraph 10(3) (requirement to impose electronic monitoring requirement when imposing curfew requirement);
(iii) paragraph 12 (requirement to impose electronic monitoring requirement when imposing exclusion requirement);
(iv) paragraph 15 (foreign travel prohibition requirement);
(v) paragraph 17(2)(c) (condition for mental health treatment requirement);
(vi) paragraphs 21 and 22 (periodic review of drug rehabilitation requirement);
(vii) paragraphs 25 and 26 (alcohol abstinence and monitoring requirement);
(viii) paragraph 28(a) (availability of attendance centre);
(ix) paragraphs 29 to 35 (electronic monitoring);
(d) section 208(10) to (14) (further requirements) (see also the modifications to section 208(11) made by section 183(2) of this Act);
(e) section 209 (end date);
(f) section 212(1) to (3) and (5) (provision of copies) (see also the modifications made to section 212 by section 183(3) of this Act);
(g) sections 213 to 216 (obligations of responsible officer and offender) (see also the modifications made to sections 214 and 216 by section 183(4) and (5) of this Act);
(h) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by Schedule 6A to this Act);
(i) section 220 (when order ceases to be in force);
(j) section 394 (rules relating to community orders).
(4) In the application of those provisions to an overseas community order, references to a community order include an overseas community order.
(5) In the application of those provisions to an overseas community order, other than in Schedule 10, references to a court include a relevant service court.
See Schedule 6A to this Act as regards references to a court in Schedule 10.
8 For section 183 (overseas community orders: modifications of 2003 Act) substitute—
Overseas community orders: modifications of the Sentencing Code
183 (1) The provisions of the Sentencing Code mentioned in section 182(3) apply in relation to an overseas community order with the modifications set out in subsections (2) to (5).
(2) Section 208(11) has effect as if, before paragraph (a) there were inserted—
(za) the offender is aged under 18 when convicted of the offence in respect of which the order is made;
.
(3) Section 212 (provision of copies of community order and related documents) has effect as if, in subsection (2), for paragraphs (a) to (d) there were substituted—
(a) to the offender,
(b) to the offender's commanding officer,
(c) if the offender is aged under 14, to the offender's parent or guardian,
(d) if the order imposes an education requirement under Schedule 6 to the Armed Forces Act 2006, to Service Children's Education,
(e) to the responsible officer, and
(f) to an officer of a provider of probation services that is a public sector provider who is acting at the court.
(4) Section 214 (obligations of responsible officer) has effect as if, at the end of subsection (2) there were inserted
, and
(c) where appropriate, to take steps to enforce those requirements.
(5) Section 216 (duty of offender to obtain permission before changing residence) has effect as if, in subsection (4), for the words from “has the same meaning” to the end, there were substituted “ means the court that made the order ”.
(6) Schedule 6 makes provision about the application of the provisions of the Sentencing Code mentioned in section 182(3) where an overseas community order relates to a young offender.
9 In section 184 (breach, revocation or amendment of overseas community order), for the words from the beginning to “2003 Act” substitute “ Schedule 6A (application of Schedule 10 to the Sentencing Code ”.
10 Omit Schedule 5 (breach, revocation and amendment of community punishments).
11 (1) Schedule 6 (overseas community orders) is amended as follows.
(2) In the shoulder reference, for “section 182” substitute “ section 183(6) ”.
(3) In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.
(4) In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.
(5) In paragraph 3 (residence requirement)—
(a) for sub-paragraph (1) substitute—
(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—
(a) in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;
(b) in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.
;
(b) in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;
(c) in sub-paragraph (4), for “specified” substitute “ particular ”;
(d) omit sub-paragraph (5).
(6) In paragraph 4 (mental health requirement)—
(a) in sub-paragraph (1)—
(i) for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;
(ii) for “of offender to mental health requirement” substitute “ condition ”;
(b) in sub-paragraph (2)—
(i) for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;
(ii) for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.
(7) In paragraph 5 (drug rehabilitation requirement)—
(a) in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;
(b) in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;
(c) in sub-paragraph (3)—
(i) for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;
(ii) for “of offender to drug rehabilitation requirement” substitute “ condition ”.
(8) In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.
(9) In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.
12 After Schedule 6, insert—
SCHEDULE 6A
Breach, revocation and amendment of overseas community orders
Section 184
1 Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to an overseas community order as it applies to a community order, with the modifications set out in this Schedule.
Preliminary
2 Part 1 (preliminary) has effect as if—
(a) in paragraph 1(1), for the definition of “appropriate court” there were substituted—
“appropriate court” means the court that made the overseas community order;
;
(b) paragraphs 2 to 4 were omitted;
(c) in paragraph 5 (orders made on appeal), for “Crown Court” there were substituted “ Court Martial ”.
Breach of requirement of order
3 Part 2 (breach of requirement of order) has effect as if—
(a) paragraph 6 were modified as set out in paragraph 4 of this Schedule;
(b) paragraph 7 were omitted;
(c) for paragraphs 8 and 9 there were substituted the paragraph 8A set out in paragraph 5 of this Schedule;
(d) paragraph 10 were omitted;
(e) paragraph 11 were modified as set out in paragraph 6 of this Schedule;
(f) after paragraph 11 there was inserted the paragraph 11A set out in paragraph 7 of this Schedule.
4 Paragraph 6 (duty to give warning or refer matter to enforcement officer) has effect as if—
(a) in sub-paragraph (2), for the words “refer the matter to an enforcement officer” there were substituted “ apply to the court that made the order for the exercise of its powers in relation to the breach in question ”;
(b) in sub-paragraph (3), for paragraph (b) there were substituted—
(b) apply to the court that made the order for the exercise of its powers in relation to the breach.
5 The paragraph 8A (substituted for paragraphs 8 and 9) is as follows—
Issue of summons or warrant
8A (1) This paragraph applies where—
(a) an overseas community order under the Armed Forces Act 2006 is in force, and
(b) it appears to the court that made the order, on an application by the responsible officer, that the offender has breached a requirement of the order.
(2) The court may—
(a) issue a summons requiring the offender to appear at the place and time specified in it, or
(b) issue a warrant for the offender's arrest.
(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.
(4) Where—
(a) a summons is issued under this paragraph, and
(b) the offender does not appear in answer to the summons,
the court may issue a warrant for the arrest of the offender.
6 Paragraph 11 (powers of Crown Court) has effect as if—
(a) for the heading, there were substituted “ Powers of court that made the order ”;
(b) in sub-paragraph (1)(a), for “Crown Court under paragraph 9 or by virtue of paragraph 10(3)” there were substituted “ court under paragraph 8A ”;
(c) in sub-paragraph (2), for “Crown Court” there were substituted “ court ” (in both places);
(d) sub-paragraph (3) were omitted;
(e) in sub-paragraph (4), for “Crown Court” there were substituted “ court ”;
(f) in sub-paragraph (6)—
(i) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and
(ii) for “230(2)” there were substituted “ 260(2) of that Act ”;
(g) in sub-paragraph (7), for “Crown Court” there were substituted “ court ”;
(h) sub-paragraph (8) were omitted.
7 The paragraph 11A to be inserted after paragraph 11 is as follows—
Further provision about fines imposed under paragraph 11
11A (1) Section 251 of the Armed Forces Act 2006 (power to order payment of fine by instalments) applies to a fine imposed under paragraph 11(2)(a) as it applies to a fine imposed by a court for a service offence.
(2) Sub-paragraph (3) applies where a court imposes a fine under paragraph 11(2)(a) on an offender who—
(a) is aged under 18 when the fine is imposed, and
(b) has a service parent or service guardian (within the meaning of section 268 of the Armed Forces Act 2006).
(3) Subsections (2) to (4) of section 268 of the Armed Forces Act 2006 (payment of fine by service parent or service guardian) apply in relation to the fine imposed under paragraph 11(2)(a) as they apply in relation to a fine in the circumstances mentioned in subsection (1) that section, but with the reference in subsection (2) of section 268 to the time of conviction being read as a reference to the time the fine is imposed.
(4) Section 269(2) of the Armed Forces Act 2006 (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3).
Revocation of order
8 Part 3 (revocation of order with or without re-sentencing) has effect as if—
(a) paragraph 14 were omitted;
(b) in paragraph 15—
(i) for the heading there were substituted “ Overseas community order ”;
(ii) in sub-paragraph (1), for “a Crown Court” there were substituted “ an overseas ”;
(iii) in sub-paragraph (1), in the words after paragraph (b), for “Crown Court” there were substituted “ court that made the order ”;
(iv) in sub-paragraphs (3), (4) and (6), for “Crown Court” there were substituted “ court ”.
Amendment of order
9 Part 4 (amendment of order) has effect as if—
(a) paragraphs 16 and 17 were omitted;
(b) in paragraph 18—
(i) in sub-paragraph (2), paragraph (b) were omitted;
(ii) in sub-paragraph (9)(b)—
(a) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and
(b) for “230(2)” there were substituted “ 260(2) of that Act ”;
(c) paragraph 19 were omitted.
Conviction of further offence
10 Part 5 (conviction of further offence) has effect as if—
(a) in the heading above paragraph 22, for “magistrates' court” there were substituted “ Service Civilian Court ”;
(b) in paragraph 22—
(i) for “Paragraphs 23 and 24 apply” there were substituted “ Paragraph 23 applies ”;
(ii) after sub-paragraph (a) (but before the “and”) there were inserted—
(aa) the existing community order was made by the Service Civilian Court,
;
(iii) in sub-paragraph (b), for “a magistrates' court” there were substituted “ the Service Civilian Court ”;
(c) in paragraph 23, sub-paragraphs (1) and (6) were omitted;
(d) paragraph 24 were omitted;
(e) in the heading above paragraph 25, for “Crown Court” there were substituted “ Court Martial ”;
(f) in paragraph 25—
(i) in sub-paragraphs (1)(a), (2), (3), (4) and (5), for “Crown Court” there were substituted “ Court Martial ”;
(ii) sub-paragraph (1)(b) were omitted.
Supplementary
11 Part 6 (supplementary) has effect as if—
(a) paragraph 26 were omitted;
(b) paragraph 27 were modified as set out in paragraph 12 of this Schedule.
12 Paragraph 27 (provision of copies of orders etc) has effect as if—
(a) for sub-paragraph (2) there were substituted—
(2) The court administration officer (within the meaning of the Armed Forces Act 2006) must provide copies of the revoking or amending order to—
(a) the offender,
(b) the responsible officer,
(c) the offender's commanding officer, and
(d) if the offender is aged under 14, the offender's parent or guardian.”;
;
(b) sub-paragraph (3) were omitted;
(c) in the opening words of sub-paragraph (4), for “the court” there were substituted “ the court administration officer (within the meaning of the Armed Forces Act 2006) ”;
(d) in the table in sub-paragraph (4), at the end there were inserted—
An education requirement | Service Children's Education
;
(e) sub-paragraphs (5) to (7) were omitted.
Court Martial Rules
13 If Court Martial Rules provide that powers of the Court Martial under Schedule 10 to the Sentencing Code as applied by this Schedule are to be exercised by a judge advocate, the rules may also disapply section 160 of this Act in relation to sentences passed under that Schedule.
Appeals
14 A person who—
(a) is sentenced by the Court Martial under paragraph 25(2)(b)(ii) of Schedule 10 to the Sentencing Code as applied by this Schedule, and
(b) was not convicted by the Court Martial of the offence in respect of which the sentence is passed,
is to be treated, for the purpose of enabling an appeal under the Court Martial Appeals Act 1968 against the sentence, as if he or she had been so convicted.
13 In section 185 (conditional or absolute discharge), in subsection (2)(b), for “section 12(1)(b) of the Sentencing Act” substitute “ section 80(5) of the Sentencing Code ”.
PART 2 Amendments to Chapter 2 of Part 8: consecutive sentences
14 Chapter 2 of Part 8 of the Armed Forces Act 2006 is amended as follows.
15 (1) Section 188 (consecutive sentences) is amended as follows.
(2) In subsection (2)—
(a) after paragraph (a) insert—
(aa) a determinate sentence of detention in a young offender institution;
;
(b) in paragraph (c), for “section 226B of the 2003 Act” substitute “ section 254 of the Sentencing Code ”.
(3) In subsection (4)—
(a) after paragraph (a) insert—
(aa) a determinate sentence of detention in a young offender institution passed in respect of a service offence or by a civilian court in England and Wales;
;
(b) in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”;
(c) after paragraph (b) insert—
(ba) a sentence of detention under section 254 of the Sentencing Code (whether or not passed as a result of section 221A of this Act);
;
(d) in paragraph (c)—
(i) omit “226B or”;
(ii) omit “221A or”.
(4) After subsection (4) insert—
(4A) The sentences referred to in subsection (4)(a) and (aa) are to be taken to include a custodial order under—
(a) section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957, or
(b) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.
(5) In subsection (5)—
(a) in paragraph (a), for “not falling within paragraph (a)” substitute “ or detention in a young offender institution not falling within paragraph (a) or (aa) ”;
(b) in paragraph (b), after “(b)” insert “ , (ba) ”.
PART 3 Amendments to Chapter 4 of Part 8: suspended sentence orders
16 Chapter 4 of Part 8 of the Armed Forces Act 2006 is amended as follows.
17 In the Chapter heading, for “under 12 Months” substitute “ two years or less ”.
18 Omit section 196 (and the italic heading before it).
19 For section 200 substitute—
Suspended sentence orders
200 (1) In the following provisions of the Sentencing Code, “court” includes a relevant service court—
(a) section 264 (suspended sentence order for offender under 21: availability);
(b) section 277 (suspended sentence order for person aged 21 or over: availability);
(c) in Chapter 5 of Part 10 (suspended sentences)—
(i) section 286 (suspended sentence order);
(ii) section 292 (power to impose requirements);
(iii) section 298 (provision of copies of order etc);
(iv) section 302 (duty to obtain permission before changing residence);
(d) Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);
(e) in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—
(i) paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);
(ii) paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);
(iii) Part 3 (making of orders);
and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.
(2) In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—
(a) sections 200A to 204, and
(b) Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).
Modifications of section 286 of the Sentencing Code
200A Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—
(a) after subsection (2) there were inserted—
(2A) But a court may not specify a requirement to be complied with outside the United Kingdom.
;
(b) in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—
(a) commits during the operational period—
(i) another service offence (within the meaning of the Armed Forces Act 2006), or
(ii) an offence under the law of any part of the British Islands,
.
20 In section 202 (order with community requirements: disapplication of certain provisions)—
(a) for “Chapter 4 of Part 12 of the 2003 Act” substitute “ the Sentencing Code ”;
(b) for “section 207(3)(a)(ii)” substitute “ paragraph 17(2)(c) of Schedule 9 ”;
(c) for “section 219(3)” substitute “ section 298(4) ”.
21 For section 203 (review of order with community requirements), substitute—
Review of order with community requirements
203 (1) Section 293 of the Sentencing Code (power to provide for review of suspended sentence order) has effect in relation to a suspended sentence order made by a relevant service court as if for subsections (4) to (6) there were substituted—
(4) In this section “the responsible court” in relation to a suspended sentence order means the Crown Court.
(2) In their application to a suspended sentence order made by a relevant service court, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.
(3) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for sub-paragraphs (4) to (6) there were substituted—
(4) In this paragraph “the responsible court”, in relation to a suspended sentence order made by a relevant service court imposing a drug rehabilitation requirement, means the Crown Court.
(4) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—
(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—
(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;
(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
(5B) Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
.
22 For section 204 (transfer to Scotland or Northern Ireland of order with community requirements) substitute—
Transfer to Scotland or Northern Ireland of order with community requirements
204 Schedule 17 to the Sentencing Code (transfer of suspended sentence orders to Scotland or Northern Ireland) has effect in relation to a suspended sentence order made by a relevant service court as if—
(a) in paragraph 23, sub-paragraph (1)(b) and (c) were omitted;
(b) in paragraph 25, sub-paragraphs (b) and (c) were omitted;
(c) in paragraph 38, sub-paragraph (3)(b) were omitted;
(d) in paragraph 41(1), for the definition of “original court” there were substituted—
“original court”, in relation to an SSSO or an NISSO, means the Crown Court;
.
23 Omit section 205.
24 Omit section 206.
25 For section 207 (definitions for purposes of Chapter) substitute—
Definitions for purposes of Chapter
207 In this Chapter—
“relevant service court” means any of the following—
the Court Martial;
the Service Civilian Court;
the Court Martial Appeal Court;
the Supreme Court on an appeal brought from the Court Martial Appeal Court;
“suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code);
“suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).
26 For Schedule 7 (suspended prison sentence: further conviction or breach of requirement) substitute—
SCHEDULE 7
Suspended sentence orders: breach or amendment; effect of further conviction
Section 200(2)(b)
1 Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order, and effect of further conviction) applies to a suspended sentence order made by a relevant service court with the following modifications.
Preliminary
2 Part 1 (preliminary) has effect as if—
(a) in paragraph 1(1), for the definition of “the appropriate court” there were substituted—
“the appropriate court” means the Crown Court;
;
(b) at the end of paragraph 1(1) there were inserted—
“relevant service court” has the same meaning as in Chapter 4 of Part 8 of the Armed Forces Act 2006 (see section 207 of that Act);
“service offence” has the same meaning as in the Armed Forces Act 2006 (see section 50 of that Act).
;
(c) paragraphs 3 to 5 were omitted.
Breach of community requirement or conviction of further offence
3 Part 2 (breach of community requirement or conviction of further offence) has effect as if—
(a) in paragraph 6(4)(c), for “a court” there were substituted “ the Crown Court ”;
(b) in paragraph 7, for paragraph (b) there were substituted—
(b) where appropriate, cause an information to be laid before the Crown Court in respect of the offender's breach of the requirement.
;
(c) paragraph 8 were omitted;
(d) in paragraph 9—
(i) in the heading, the words “Crown Court order:” were omitted;
(ii) in sub-paragraph (1), for “Crown Court order” there were substituted “ suspended sentence order made by a relevant service court ”;
(e) paragraph 10 were omitted;
(f) paragraphs 11 to 15 were modified as set out in paragraphs 4 to 8 of this Schedule;
(g) after paragraph 15 there were inserted the paragraph 15A set out in paragraph 9 of this Schedule;
(h) paragraphs 17 to 19 were modified as set out in paragraphs 10 to 12 of this Schedule;
(i) paragraph 20 were omitted.
4 Paragraph 11 (offender before magistrates' court: further conviction) has effect as if—
(a) sub-paragraph (1) were omitted;
(b) in sub-paragraph (2), for the words from “made” to the end, there were substituted “made by a relevant service court, the magistrates' court must notify the appropriate officer of the Court Martial of the conviction.”;
(c) sub-paragraphs (3) and (4) were omitted.
5 Paragraph 12 (offender before Crown Court: breach of community requirement or further conviction) has effect as if—
(a) in the heading, after “Crown Court” there were inserted “ , Court Martial or Service Civilian Court ”;
(b) in sub-paragraph (1)(b), the words “or (3)” were omitted;
(c) in sub-paragraph (2), paragraph (a)(iii) (but not the “and” following it) were omitted;
(d) for sub-paragraph (3) there were substituted—
(3) Where—
(a) an offender to whom a suspended sentence order relates is convicted of a service offence or an offence under the law of any part of the British Islands that was committed during the operational period of the order,
(b) the suspended sentence order has not taken effect, and
(c) either—
(i) the offender is so convicted by the Crown Court, the Court Martial or the Service Civilian Court, or
(ii) the offender subsequently appears or is brought before the Court Martial,
the court must deal with the case under paragraph 13.
(3A) Anything that under section 376(1) and (2) of the Armed Forces Act 2006 is treated as a conviction for the purposes of that Act is also to be treated as a conviction for the purposes of sub-paragraph (3).
6 Paragraph 13 (powers of court to deal with offender on breach of requirement or subsequent conviction) has effect as if—
(a) in sub-paragraph (1)—
(i) in the opening words, for “a court” there were substituted “ the Crown Court, the Court Martial or the Service Civilian Court ”;
(ii) in paragraph (c), at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”;
(b) sub-paragraph (2) were omitted.
7 Paragraph 14 (exercise of power in paragraph 13: duty to make activation order where not unjust) has effect as if—
(a) in sub-paragraph (1), for “The court” there were substituted “ The Crown Court, the Court Martial or the Service Civilian Court ”;
(b) in sub-paragraph (2)(b), the words “11 or” were omitted.
8 Paragraph 15 (activation orders: further provision) has effect as if—
(a) in the heading, after “orders” there were inserted “ made by the Crown Court ”;
(b) in sub-paragraph (1), for “a court” there were substituted “ the Crown Court ”;
(c) for sub-paragraph (3) there were substituted—
(3) For the purpose of any enactment conferring rights of appeal against sentence in criminal cases—
(a) the activation order is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed, and
(b) the offender is to be treated as if he or she had been convicted on indictment of that offence.
;
(d) in sub-paragraph (4) at the end there were inserted “and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act)”.
9 The paragraph 15A to be inserted after paragraph 15 is as follows—
Activation orders made by the Court Martial or the Service Civilian Court: further provision
15A (1) This paragraph applies where the Court Martial or the Service Civilian Court makes an activation order relating to a suspended sentence.
(2) The activation order may provide for—
(a) the sentence to take effect immediately, or
(b) the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.
(3) The reference in sub-paragraph (2) to another custodial sentence does not include a sentence from which the offender has been released early under Chapter 6 of Part 12 of the Criminal Justice Act 2003 or Part 2 of the Criminal Justice Act 1991.
(4) For the purposes of sections 285 to 287 of the Armed Forces Act 2006 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968—
(a) an activation order made by the Court Martial or the Service Civilian Court is to be treated as a sentence passed on the offender, by the court that made the order, for the offence for which the suspended sentence was passed, and
(b) if the offender was not convicted of that offence by that court, he or she is to be treated for the purpose of enabling an appeal against the order as if he or she had been so convicted.
(5) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.
(6) In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)) and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act).
10 Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment) has effect as if, in sub-paragraph (2), the words “10(1)(b) or” were omitted.
11 Paragraph 18 (duty of court in Scotland or Northern Ireland when informed of suspended sentence) has effect as if—
(a) in sub-paragraph (b), for “in England or Wales” there were substituted “ (anywhere) by a relevant service court ”;
(b) in the words following sub-paragraph (b), for “the court by which the suspended sentence was passed” there were substituted “ the Court Martial ”.
12 Paragraph 19 (issue of summons or warrant where court convicting of further offence does not deal with suspended sentence) has effect as if—
(a) in sub-paragraph (1)—
(i) in the opening words, for “the Crown Court” there were substituted “ the Court Martial ”;
(ii) in paragraph (a), for the words from “United Kingdom” to “Court” there were substituted “ British Islands of an offence committed during the operational period of a suspended sentence order passed by a relevant service court, or has been convicted of a service offence committed during that period ”;
(b) in sub-paragraph (2), for “Crown Court” there were substituted “ Court Martial ”;
(c) in sub-paragraph (3), for “Crown Court” there were substituted “ Court Martial ”.
Amendment of order
13 Part 3 (amendment of order) has effect as if in paragraph 25 (amendment of community requirements of suspended sentence order), after sub-paragraph (8) there were inserted—
(8A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (7)(b) must not exceed—
(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;
(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.
(8B) Where a sentence is passed under sub-paragraph (7)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.
Supplementary
14 Part 4 (supplementary) has effect as if in paragraph 28 (provision of copies of orders etc)—
(a) in sub-paragraph (1) for “a court” there were substituted “ the Crown Court or a relevant service court ”;
(b) in sub-paragraph (3), paragraph (b) were omitted;
(c) sub-paragraphs (5) and (6) were omitted.
PART 4 Amendments to Chapter 5 of Part 8: custodial sentences for young offenders
27 Chapter 5 of Part 8 of the Armed Forces Act 2006 is amended as follows.
28 In section 208 (prohibition on imposing imprisonment on people under a certain age)—
(a) for “18” substitute “ 21 ”;
(b) in the heading, for “18” substitute “ 21 ”.
29 (1) Section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows.
(2) In subsection (2)(a), for “18” substitute “ 21 ”.
(3) In subsection (6), for “18” substitute “ 21 ”.
30 After section 210 insert—
Offenders under 21: offences other than murder; discretionary custody for life
210A (1) This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—
(a) for which the sentence is not fixed by law, but
(b) which is punishable in the case of a person aged 21 or over with imprisonment for life.
(2) If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.
(3) Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).
Offenders under 21: power to impose detention in a young offender institution
210B (1) A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—
(a) the offender is aged at least 18 but under 21 when convicted,
(b) the offence is punishable with imprisonment in the case of a person aged 21 or over, and
(c) the court is not required to pass a sentence of—
(i) detention at Her Majesty's pleasure, or
(ii) custody for life.
(2) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.
(3) The minimum term of a sentence of detention in a young offender institution is 21 days.
31 In section 211 (offenders under 18: detention and training orders)—
(a) in subsection (1)(a), for “18 or over” substitute “ 21 or over ”;
(b) in subsection (3)(c), for the words from “on” to the end substitute “ after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020). ”
32 (1) Section 212 (term of detention and training order: general) is amended as follows.
(2) In subsections (1)(b) and (2)(c), for “18” substitute “ 21 ”.
(3) In subsection (3), for “provides otherwise under section 101(3) of the Sentencing Act” substitute “ orders otherwise under section 237 of the Sentencing Code ”.
33 (1) Section 213 (application of provisions relating to civilian detention and training orders) is amended as follows.
(2) For subsections (1) to (3) substitute—
(1) In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—
(a) sections 237 to 248;
(b) Schedule 12.
(2) In the following provisions of the Sentencing Code, “court” includes a relevant service court—
(a) sections 237 to 240;
(b) section 246;
(c) sections 253 and 257;
(d) section 270.
(3) In its application to an order under section 211, section 239 of the Sentencing Code has effect as if—
(a) references to an offender's being remanded in custody were references to an offender's being kept in service custody, and
(b) subsection (5) were omitted.
(3A) In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 were references to a sentence of detention under 209 of this Act.
(3B) In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.
(3) In subsection (4), for “section 104(3) (further period of detention or supervision) of the Sentencing Act” substitute “ paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) ”.
(4) For subsection (5) substitute—
(5) Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.
(5) In subsection (6)—
(a) in the definition of “further period of supervision” for “section 104(3)(aa) of the Sentencing Act” substitute “ paragraph 3(2)(b) of Schedule 12 to the Sentencing Code ”;
(b) for the definition of “supervision requirements” substitute—
“supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code
.
(6) Omit subsection (7).
(7) At the end insert—
(8) In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).
34 (1) Section 214 (offences during currency of detention and training order) is amended as follows.
(2) After subsection (1) insert—
(1A) This section also applies to a person in respect of whom a service FSO has been made if—
(a) before the date on which the period of further supervision under the service FSO ends, he commits an offence within subsection (2) (“the new offence”); and
(b) whether before or after that date, he is convicted of the new offence.
(1B) A service FSO is an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code subjecting the offender to a further period of supervision as a result of breach of supervision requirements—
(a) during a period of supervision under an order under section 211 of this Act,
(b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or
(c) during one of a series of further periods of supervision—
(i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and
(ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a).
Terms used in this subsection have the same meaning as in section 213(4) (see section 213(6)).
(3) In subsection (3)(b), at the end insert “ or (1A) (as the case may be) ”.
(4) In subsection (7)(c), for “section 105 of the Sentencing Act” substitute “ paragraph 7 of Schedule 12 to the Sentencing Code ”.
35 In section 215 (section 214: definitions etc)—
(a) in subsection (1), for “Section 101(13) of the Sentencing Act” substitute “ Section 238(3) of the Sentencing Code ”;
(b) in subsection (3), for “section 107 of the Sentencing Act” substitute “ section 248 of the Sentencing Code ”.
PART 5 Amendments to Chapter 6 of Part 8: sentences for certain offences
36 Chapter 6 of Part 8 of the Armed Forces Act 2006 is amended as follows.
37 In section 217 (mandatory life imprisonment), for subsection (2) substitute—
(2) Where on conviction the offender is 21 or over, the court must sentence the offender to imprisonment for life.
(3) Where on conviction the offender is aged under 21, the court must pass on the offender a sentence of custody for life under section 275 of the Sentencing Code.
(4) Subsection (3) does not apply where the offender is liable to be detained under section 218 (detention at Her Majesty's pleasure for offender under 18).
38 (1) Section 218A (life sentence for second listed offence) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), for “Part 1 of Schedule 15B to the 2003 Act” substitute “ Part 1 of Schedule 15 to the Sentencing Code ”;
(b) in paragraph (c), for “after this section comes into force” substitute “ on or after the relevant date ”.
(3) After subsection (1) insert—
(1A) In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.
(1B) Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.
(4) In subsection (2), for “Section 224A(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) ”.
(5) In subsection (3)—
(a) in the opening words—
(i) for “section 224A(2)(a) of that Act” substitute “ sections 273(3)(a) and 283(3)(a) of that Code ”;
(ii) for “subsection (2)” substitute “ subsections (1B) and (2) ”;
(b) in paragraph (a), for “ “the offence”” substitute “ “the index offence” ”;
(c) in paragraph (b), for “subsection (4)” substitute “ subsection (5) ”.
(6) In subsection (4)—
(a) after “more,” insert “ or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more, ”;
(b) for “section 226A of the 2003 Act” substitute “ section 266 or 279 of the Sentencing Code ”.
(7) In subsection (5)(a), for “Schedule 15B to the 2003 Act” substitute “ Schedule 15 to the Sentencing Code ”.
(8) After subsection (5) insert—
(5A) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.
(9) In subsection (6), for “section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section)” substitute “ section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section) ”.
(10) In subsection (7), for “section 224A(2) of that Act” substitute “ section 273(3) or 283(3) of the Sentencing Code ”.
(11) In subsection (8), for “and (5)(a)” substitute “ , (5)(a) and (5A) ”.
39 (1) Section 219 (life sentence for certain dangerous offenders aged 18 or over) is amended as follows.
(2) In subsection (1)(b), for “serious offence” substitute “ Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) ”.
(3) After subsection (1) insert—
(1A) Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender.
(4) In subsection (2) for “Section 225(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) ”.
(5) In subsection (3) for “section 225(2) of the 2003 Act (as applied by subsection (2))” substitute “ sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)) ”.
(6) Omit subsection (4).
(7) In subsection (5), for “section 225 of the 2003 Act” substitute “ section 274 or 285 of the Sentencing Code ”.
40 (1) Section 219A (extended sentences for certain violent, sexual or terrorism offenders aged 18 or over) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;
(b) for paragraph (d) (but not the “and” following it) substitute—
(d) the court is not required—
(i) by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;
(ii) by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;
(iii) by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;
(iv) by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life;
.
(3) In subsection (2), for “Schedule 15B to the 2003 Act” substitute “ Schedule 14 to the Sentencing Code ”.
(4) In subsection (3), for “extended sentence of imprisonment under section 226A of the 2003 Act” substitute “ extended sentence of detention in a young offender institution or an extended sentence of imprisonment ”.
(5) For subsections (4) to (6) substitute—
(4) Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.
(5) Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.
(6) In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—
(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;
(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;
(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.
(7) Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.
(8) Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.
(9) In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—
(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;
(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;
(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.
41 (1) Section 221 (life sentence for certain dangerous offenders aged under 18) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (a), after “conduct)” insert “ which was committed on or after 4 April 2005 ”;
(b) in paragraph (b), for “serious offence” substitute “ Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) ”;
(c) after paragraph (b) (but before the word “and” following it) insert—
(ba) the court considers that the seriousness of—
(i) the offence under section 42, or
(ii) that offence and one or more offences associated with it,
is such as to justify the imposition of a sentence of detention for life,
.
(3) In subsection (2), for “Section 226(2) of the 2003 Act” substitute “ Section 258(2) of the Sentencing Code (duty to impose detention for life) ”.
(4) For subsection (3) substitute—
(3) In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act.
(5) Omit subsection (5).
(6) In subsection (6), for “section 226 of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”.
42 (1) Section 221A (extended sentence for certain violent, sexual or terrorism offenders aged under 18) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;
(b) in paragraph (d), for “section 226(2) of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”;
(c) in paragraph (e), omit “under section 226B of the 2003 Act”.
(3) For subsections (2) to (4) substitute—
(2) An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence.
(3) Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining—
(a) the appropriate custodial term, and
(b) the extension period,
of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section.
(4) In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows—
(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;
(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;
(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.
43 (1) Section 223 (the “required opinion” for the purposes of sections 219 to 221A) is amended as follows.
(2) In subsection (2)—
(a) for “section 229(2) and (2A) of the 2003 Act” substitute “ subsections (2) and (3) of section 308 of the Sentencing Code ”;
(b) for “section 229(1) of that Act” substitute “ subsection (1) of that section ”.
(3) For subsection (3) substitute—
(3) In section 308(2)(a) of the Sentencing Code as applied by this section, the reference to the offence is to be read as a reference to the offence under section 42 of this Act.
(4) In subsection (4), in the definition of “serious harm”, for “section 224 of the 2003 Act” substitute “ section 306 of the Sentencing Code ”.
44 For section 224 (place of detention under certain sentences), substitute—
Place of detention for extended sentences for offenders aged under 18
224 Section 261 of the Sentencing Code (detention in pursuance of extended sentence) applies to detention imposed by virtue of section 221A of this Act as it applies to detention under section 254 of that Code.
45 (1) Section 224A (special custodial sentence for certain offenders of particular concern) is amended as follows.
(2) In subsection (1)—
(a) in paragraph (b), for “Schedule 18A to the 2003 Act” substitute “ Schedule 13 to the Sentencing Code ”;
(b) in paragraph (d)—
(i) in sub-paragraph (i), after “imprisonment” insert “ or custody ”;
(ii) in sub-paragraph (ii), for “imprisonment under section 226A of the 2003 Act” substitute “ detention or imprisonment under section 266 or 279 of the Sentencing Code ”.
(3) For subsection (2) substitute—
(2) If—
(a) the court imposes a sentence of detention in a young offender institution for the offence, and
(b) the offender is aged under 21 when convicted of the offence,
subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.
(2A) If—
(a) the court imposes a sentence of imprisonment for the offence, and
(b) the offender is aged 21 or over when convicted of the offence,
subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.
(4) In subsection (3), for “and (2)” substitute “ , (2) and (2A) ”.
(5) For subsection (4) substitute—
(4) In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.
46 In section 225 (third drug trafficking offence)—
(a) in subsection (1)(b), for “section 110 of the Sentencing Act” substitute “ section 313 of the Sentencing Code ”;
(b) in subsection (2), for “section 110(2) of that Act” substitute “ section 313(2) of that Code ”.
47 In section 226 (third domestic burglary)—
(a) in subsection (1)(b), for “section 111 of the Sentencing Act” substitute “ section 314 of the Sentencing Code ”;
(b) in subsection (2), for “section 111(2) of that Act” substitute “ section 314(2) of that Code ”.
48 (1) Section 227 (firearms offences) is amended as follows.
(2) In subsection (1)—
(a) after paragraph (a) (but before the “and”) insert—
(aa) the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code;
;
(b) in paragraph (b), for “the corresponding offence under the law of England and Wales, section 51A of the Firearms Act 1968 (c.27)” substitute “ that corresponding offence, section 311 of the Sentencing Code ”.
(3) In subsection (2), for “section 51A(2) of that Act” substitute “ section 311(2) of the Sentencing Code ”.
(4) In subsection (3)—
(a) for “section 51A(4)(a)(ii) of that Act (interpretation of section 51A(2))” substitute “ section 311(3)(a) of that Code ”;
(b) for “section 91 of the Sentencing Act” substitute “ section 250 of that Code ”.
49 (1) Section 227A (offences of threatening with a weapon on public or on school premises) is amended as follows.
(2) After subsection (1), insert—
(1A) Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—
(a) relate to the offence or to the offender, and
(b) would make it unjust to do so in all the circumstances.
(3) In subsection (2), at the beginning insert “ Where the offender is aged 21 or over at the time of conviction, ”.
(4) Omit subsection (3).
50 (1) Section 228 (appeals where previous convictions set aside) is amended as follows.
(2) In subsection (1B)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.
(3) In subsection (1D)(a), for “section 226A of the 2003 Act (as applied by section 219A of this Act)” substitute “ section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act ”.
(4) In subsection (3A)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.
PART 6 Amendments to Part 9: sentencing: principles and procedures
51 Part 9 of the Armed Forces Act 2006 is amended as follows.
52 In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—
(a) for paragraph (b) substitute—
(b) an offence the sentence for which falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);
(ba) an offence the sentence for which falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);
(bb) an offence the sentence for which falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);
(bc) an offence the sentence for which falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);
(bd) an offence the sentence for which falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);
(be) an offence the sentence for which falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences);
;
(b) in paragraph (c), for “227A(2)” substitute “ 227A(1A) or (2) (threatening with a weapon in public or on school premises) ”.
53 In section 238 (deciding the seriousness of an offence), at the end insert—
(6) In section 69 of the Sentencing Code (seriousness of offence with terrorist connection)—
(a) the references to a court are to be read as including a court dealing with an offender for an offence under section 42, and
(b) the reference in subsection (1) to an offence specified in Schedule 1 to that Code is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence specified in Schedule 1.
54 In section 239 (reduction in sentences for guilty pleas)—
(a) in subsection (4), for “110(2) or 111(2) of the Sentencing Act” substitute “ 313(2) or 314(2) of the Sentencing Code ”;
(b) in subsection (5), for “110(2) or 111(2) of that Act” substitute “ 313(2) or 314(2) of that Code ” in both places it occurs;
(c) in subsection (6), for “227A(2)” substitute “ 227A(1A) or (2) ” in both places it occurs.
55 In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6), after paragraph (b) (but before the “and”) insert—
(ba) an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act,
.
56 In section 247 (crediting of time in service custody: supplementary), in subsection (7), for “any sentence within paragraph (a), (b) or (c)” substitute “ a sentence within any of paragraphs (a) to (c) ”.
57 In section 257 (pre-sentence reports: supplementary)—
(a) in subsection (1), for “section 158(1) of the 2003 Act” substitute “ section 31(1) of the Sentencing Code ”;
(b) in subsection (2)—
(i) for “section 158(1) of that Act” substitute “ section 31(1) of that Code ”, and
(ii) for “section 158(2) of that Act” substitute “ section 31(2) of that Code ”;
(c) in subsection (4)—
(i) for “Section 159(1) to (3) and (5) of the 2003 Act” substitute “ Section 32(1) to (4) and (6) of the Sentencing Code ”, and
(ii) for “section 156 of that Act” substitute “ section 30 of that Code ”.
58 In section 260 (discretionary custodial sentences: general restrictions)—
(a) in subsection (1), for paragraph (b) (and the “or” preceding it) substitute—
(b) falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);
(c) falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);
(d) falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);
(e) falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);
(f) falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);
(g) falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or
(h) falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises).
;
(b) in subsection (4B), for the words from “section 226A(6)” to the end substitute
—
(a) section 268(2) or 281(2) of the Sentencing Code, as applied by section 219A of this Act (extended sentences for offenders aged 18 or over), or
(b) section 256(2) of the Sentencing Code, as applied by section 221A of this Act (extended sentences for offenders aged under 18).
59 In section 261 (length of discretionary custodial sentences: general provision), in subsection (1), for the words from “section 224A” to the end substitute
—
(a) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence),
(b) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or
(c) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18).
60 After section 261, insert—
Life sentences: further provision
261A (1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial.
(2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial—
(a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”;
(b) subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”.
(3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial, subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”.
(4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted—
“life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006—
(a) a sentence of imprisonment for life,
(b) a sentence of detention for life or during Her Majesty's pleasure, or
(c) a sentence of custody for life;
.
61 In section 262 (power to recommend licence conditions), for “section 238(1) of the 2003 Act” substitute “ section 328 of the Sentencing Code ”.
62 After section 262, insert—
Conversion of sentence of detention to sentence of imprisonment
262A (1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence.
(2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications.
(3) In subsection (5)—
(a) paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”;
(b) the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”.
(4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted—
(a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life));
(b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006;
(c) a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006);
(d) a sentence of detention in a young offender institution;
(e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006);
(f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).
63 In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—
(a) pass a custodial sentence on an offender who is aged under 21 on conviction, or
.
64 In section 269A (fines: fixing of term of imprisonment for default), in subsection (2), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.
65 In section 269B (service compensation orders: power to set maximum term of imprisonment for default), in subsection (4), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.
66 In section 270 (community punishments: general restrictions), in subsection (2A)—
(a) for “section 177(2A) of the 2003 Act” substitute “ section 208(10) and (11) of the Sentencing Code ”;
(b) for “section 178(3) and section 182(3A)” substitute “ section 178(2) and 182(3) ”.
67 In section 270A (exception to restrictions on community punishments), in subsection (6)—
(a) in paragraph (b), for sub-paragraph (i) substitute—
(i) section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);
;
(b) in paragraph (c), for “section 161A of the 2003 Act” substitute “ section 42 of the Sentencing Code (or section 161A of the 2003 Act) ”.
68 In section 271 (civilian courts dealing with service offences), in subsection (2)—
(a) omit paragraph (a), and
(b) in paragraph (b), omit “other”.
PART 7 Miscellaneous further amendments
Amendment to Part 7 (trial by Court Martial)
69 In section 164(3), for “under 12 months” substitute “ two years or less ”.
Amendments to Part 10 (Court Martial decisions: appeal and review)
70 In section 273 (review of unduly lenient sentence by Court Martial Appeal Court)—
(a) in subsection (6)(b), for the words from “section 224A” to the end substitute
—
(i) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);
(ii) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);
(iii) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);
(iv) section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);
(v) section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);
(vi) section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or
(vii) section 227A(1A) or (2) (threatening with a weapon in public or on school premises);
;
(b) in subsection (7), for “an order specified in subsection (7A)” substitute “ a minimum term order under section 321 of the Sentencing Code ”;
(c) omit subsection (7A).
Amendments to Part 11 (The Service Civilian Court)
71 (1) Section 283 (imprisonment: maximum term) is amended as follows.
(2) In subsection (1), for “12 months” substitute “ 6 months ”.
(3) In subsection (2), for “65 weeks” substitute “ 12 months ”.
(4) At the end insert—
(3) In this section, references to imprisonment include detention in a young offender institution.
72 In section 284 (fines and compensation: maximum amounts), in subsection (3), for “section 131(1) of the Sentencing Act” substitute “ section 139(2) of the Sentencing Code ”.
Amendments to Part 12 (service and effect of certain sentences)
73 In section 294 (rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.
74 In section 302 (remission of certain sentences on passing of custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.
75 In section 304 (sentences passed by civilian courts), in subsection (1), for “a sentence of imprisonment” substitute “ any sentence ”.
Amendments to Part 13 (discipline: miscellaneous and supplementary)
76 In section 305 (random drug testing), in subsection (5), for “51 weeks” substitute “ six months ”.
77 In section 322 (financial penalty enforcement orders), in subsection (4), in the definition of “financial penalty”, in paragraph (a), for “paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5” substitute “ paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A ”.
Amendments to Part 19 (supplementary)
78 (1) Section 374 (definitions applying for purposes of whole Act) is amended as follows.
(2) In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.
(3) In the definition of “custodial sentence”—
(a) in paragraph (b), for “(certain young offenders)” substitute “ , 221 or 221A (detention of offenders under 18) ”;
(b) omit paragraph (ea);
(c) after paragraph (f) insert—
(g) a sentence of detention in a young offender institution imposed under or as a result of this Act;
(h) a sentence of custody for life imposed under or as a result of this Act;
.
(4) In the definition of “suspended sentence of imprisonment”, for “section 189(1) of the 2003 Act” substitute “ section 286 of the Sentencing Code ”.
Section 412
PART 1 Continuity of the law
Continuity of the law: general
1 The substitution of the Sentencing Code for the provisions repealed by this Act does not affect the continuity of the law.
Subordinate legislation etc
2 Any subordinate legislation, code of practice, guidance, accreditation, arrangement, notice or notification that—
(a) is made, issued or given, or has effect as if made, issued or given, under a provision repealed by this Act, and
(b) is in force or effective immediately before the commencement date,
has effect on and after that date, so far as it relates (by reason of paragraph 4 or an amendment made by this Act) to an offence of which the offender is convicted on or after that date, as if made, issued or given under the corresponding provision of the Sentencing Code.
References to provisions of the Sentencing Code
3 (1) A reference (express or implied) to a provision of the Sentencing Code, if contained in—
(a) a document, or
(b) a statutory provision that is amended by a specified paragraph of Schedule 24 (see sub-paragraph (2)),
is to be read (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision.
(2) The specified paragraphs of Schedule 24 are paragraphs 1, 2, 5, 15(4), 20 to 22, 24, 25, 31(3), 32(5)(a) to (e), 35, 60, 62, 65 to 67, 70(b), 72, 75, 77, 85, 88, 105(3), 108, 109, 111, 114(3), 115, 118 to 121, 128, 132 to 134, 141, 142, 149, 154, 155(2), (4)(a) and (6), 159, 161 to 163, 172(a), 177, 180, 194, 197, 200, 204, 211, 212, 216, 217, 219(3), 222, 243, 250, 259, 261, 262, 268, 279 to 281, 283, 285 to 287, 289(3), 303 to 306, 308, 310, 315, 319, 320, 324, 337, 343 to 345, 347 to 349, 358, 367, 371, 382 to 384, 385(3), 388, 389, 400, 402, 409, 412, 417, 421, 423, 426 and 428.
References to provisions repealed by this Act
4 A reference (express or implied) to a provision repealed by this Act, if contained in—
(a) a document, or
(b) a statutory provision that is not amended by this Act,
is to be read (so far as the context permits), as respects an offence of which the offender is convicted on or after the commencement date, as being or (according to the context) including a reference to the corresponding provision of the Sentencing Code.
Relationship with Interpretation Act 1978
5 Paragraphs 1 to 4 have effect instead of section 17(2) of the Interpretation Act 1978 (but do not affect the application of any other provision of that Act).
Interpretation
6 In this Part—
“document” means any document whenever made, served or issued;
“enactment” includes an enactment contained in subordinate legislation;
“repeal” includes revoke (where the context permits);
“statutory provision” means a provision of an enactment;
“subordinate legislation” means orders, regulations or rules.
PART 2 Referral orders
7 (1) This paragraph applies where—
(a) a court makes a referral order in respect of an offence (the “Code offence”), and
(b) the offender has been convicted before 1 December 2020 of another offence (the “pre-Code offence”) for which he or she is to be dealt with at the same time.
In this paragraph “referral order” has the meaning given by section 83(1).
(2) In subsections (2) to (4) of section 89 (making of referral order: effect on court's other sentencing powers) a reference to an order under the Sentencing Code is to be read, in relation to the pre-Code offence, as a reference to the corresponding order applicable to that offence.
(3) In subsections (3) to (5) of section 19 of the Powers of Criminal Courts (Sentencing) Act 2000 (making of orders under section 16 of that Act: effect on court's other sentencing powers) a reference to a way of dealing with the offender is to be read, in relation to the Code offence, as a reference to the corresponding way of dealing with the offender under the Sentencing Code.
(4) If the court makes an order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (duty and power to refer certain young offenders to youth offender panels) in respect of the pre-Code offence—
(a) the order is to be treated as if it were a referral order, and
(b) accordingly, section 88 (making of referral order: connected offences) applies in relation to the order.
PART 3 Youth rehabilitation orders
Requirements
8 In relation to an offence committed before 3 December 2012, paragraph 18 of Schedule 6 (youth rehabilitation orders: requirements) is to be read as if—
(a) in sub-paragraph (4)(b), the reference to 16 hours were to 12 hours, and
(b) in sub-paragraph (5), the reference to 12 months were to 6 months.
Restriction on imposing local authority residence or fostering requirement without legal representation
9 In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the references to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in—
(a) paragraph C of paragraph 25 of Schedule 6 (restrictions on including local authority residence requirement in youth rehabilitation order), or
(b) paragraph D of paragraph 27 of that Schedule (restrictions on including fostering requirement in youth rehabilitation order),
include representation referred to in paragraph 19(2)(a) of Schedule 1 to the Criminal Justice and Immigration Act 2008 as it had effect immediately before 13 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).
Associated offences: offender convicted before and on or after commencement date
10 (1) This paragraph applies where—
(a) a court imposes a youth rehabilitation order on an offender, and
(b) at the same time the court imposes an order under section 1 of the Criminal Justice and Immigration Act 2008 (a “2008 Act order”), in respect of an offence of which the offender was convicted before 1 December 2020.
In this paragraph “youth rehabilitation order” has the meaning given by section 173.
(2) In section 183—
(a) a reference to a youth rehabilitation order includes a reference to a 2008 Act order;
(b) a reference to a particular kind of youth rehabilitation order includes a reference to the corresponding kind of 2008 Act order;
(c) a reference to a particular kind of requirement of a youth rehabilitation order includes a reference to the corresponding kind of requirement of a 2008 Act order.
PART 4 Custodial sentences
Detention for breaching DTO supervision requirement
11 (1) Section 104B (interaction of orders under section 104(3)(a) with other orders) of the Powers of Criminal Courts (Sentencing) Act 2000 (“the 2000 Act”) (as it applies, despite its repeal by this Act, where a court is dealing with an offender in respect of an offence of which he or she was convicted before 1 December 2020) has effect as follows.
(2) In subsection (1), a reference to a period of detention under section 104(3)(a) of the 2000 Act includes a reference to a period of detention under paragraph 3(2)(a) of Schedule 12 to the Sentencing Code.
(3) In subsection (2)—
(a) a reference to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code;
(b) a reference to section 102(2), (3), (4) or (5) of the 2000 Act includes a reference to section 241(2), (3), (4) or (5) of the Sentencing Code.
Restriction on making community order etc and suspended sentence order
12 (1) In section 203 (restriction on making community order and suspended sentence order)—
(a) a reference to an offence in paragraph (b) or (c) includes a reference to an offence of which the offender was convicted before 1 December 2020;
(b) in relation to such an offence, the reference to a suspended sentence order is to be read as a reference to an order under section 189(1) of the Criminal Justice Act 2003.
(2) In section 181(6) (restriction on making youth rehabilitation order and suspended sentence order), the reference to a suspended sentence order includes a reference to an order under section 189(1) of the Criminal Justice Act 2003.
(3) A court may not impose a community sentence, within the meaning given by section 147(1) of the Criminal Justice Act 2003, in respect of an offence if it makes a suspended sentence order in respect of—
(a) any other offence of which the offender is convicted by or before it, or
(b) any other offence for which it deals with the offender.
In this sub-paragraph “suspended sentence order” has the meaning given by section 286(1).
Making detention and training order where offender subject to other order
13 (1) In section 237 (making detention and training order where offender subject to other order etc), the second reference in subsection (2) to a detention and training order includes a reference to a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000.
(2) In section 101 of that Act (detention and training order: consecutive terms etc), the second reference in subsection (3) to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code.
...
14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Special custodial sentences for offenders of particular concern
15 (1) This paragraph applies where—
(a) a court is dealing with an offender for two or more associated offences, within the meaning given by section 400,
(b) the offences include one that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and
(c) the offender was convicted of at least one of the offences before 1 December 2020 and convicted of at least one of them on or after that date.
(2) Where the offender was convicted of the listed offence on or after 1 December 2020—
(za) the reference in section 252A(1)(c)(i) and (1A)(c)(i) to a sentence of detention for life under section 250 includes a reference to a sentence of detention for life under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;
(zb) the reference in section 252A(1)(c)(ii) and (1A)(c)(ii) to an extended sentence of detention under section 254 includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003;
(a) the reference in section 265(1)(c)(i) to an extended sentence under section 266 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;
(b) the reference in section 265(1)(c)(ii) to a sentence of custody for life includes a reference to a sentence under section 94 of the Powers of Criminal Courts (Sentencing) Act 2000;
(c) the reference in section 278(1)(c)(i) to an extended sentence under section 279 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.
(3) Where the offender was convicted of the listed offence before 1 December 2020, the reference in section 236A(1)(c)(ii) of the Criminal Justice Act 2003 (read with section 236A(5) of that Act) to an extended sentence under section 226A of that Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.
Special custodial sentences for offenders of particular concern: armed forces
16 (1) This paragraph applies where—
(a) the Court Martial is dealing with an offender for two or more associated offences, within the meaning given by section 400,
(b) the offences include one that corresponds to an offence that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and
(c) the offender was convicted of at least one of the offences before 1 December 2020 and convicted of at least one of them on or after that date.
(2) Where the offender was convicted of the listed offence on or after 1 December 2020, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.
(3) Where the offender was convicted of the listed offence before 1 December 2020, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 226A of the 2003 Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.
Certificates
17 A certificate given in accordance with subsection (1), (1A), (2) or (2A) of section 113 of the Powers of Criminal Courts (Sentencing) Act 2000 (certificates of conviction) is evidence, for the purposes of section 313 or 314, of the facts certified by it.
18 A certificate by a court under section 232A of the Criminal Justice Act 2003 that a person was convicted in England and Wales of an offence listed in Schedule 15B to that Act is evidence, for the purposes of section 267, 273, 279 or 283, of the fact certified by it.
Restriction on imposing custodial sentence without legal representation
19 In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the reference in section 226(7) to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes representation referred to in section 83(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 as it had effect immediately before 1 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).
PART 5 Miscellaneous
Validity of provision deriving from secondary legislation
20 Any question as to the validity of paragraph 30 of Schedule 25, which derives from paragraphs 7 and 9 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), is to be determined as if that paragraph were contained in a statutory instrument made under the powers under which that order was made.
Powers to make consequential etc provision
21 On and after the commencement date, any power (however expressed) that was exercisable immediately before that date—
(a) to make consequential, supplementary or incidental provision in relation to a provision that is restated in the Sentencing Code (a “restated provision”), or
(b) to make transitional, transitory or saving provision in relation to a restated provision,
is exercisable instead in relation to the corresponding provision of the Code.
Exercise of powers in relation to pre-commencement offences
22 (1) The following powers may, despite section 2, be exercised in relation to an offence of which the offender is convicted before the commencement date (a “pre-commencement offence”) as well as in relation to an offence of which the offender is convicted on or after that day—
(a) the power in section 91(5) (to make regulations specifying requirements for persons appointed as members of a youth offender panel);
(b) the power in section 194 (to make regulations about court reviews of youth rehabilitation orders);
(c) the power in section 217 (to make regulations about court reviews of community orders);
(d) the power in section 248(1)(f) (to make regulations specifying accommodation as “youth detention accommodation”);
(e) the power in section 394 (to make rules relating to community orders and suspended sentence orders);
(f) the power in section 395 (to issue a code of practice about the processing of data from electronic monitoring).
(2) Anything done under a power referred to in a paragraph of sub-paragraph (1) in relation to a pre-commencement offence has effect as if done under the provision repealed by this Act that corresponds to the provision mentioned in that paragraph.
Exercise of powers to amend amounts
23 (1) A reference in sub-paragraph (4) of paragraph 5 or 7 of Schedule 23 to regulations previously made under that paragraph includes a reference to an order previously made under the corresponding provision of section 143 of the Magistrates' Courts Act 1980.
(2) Sub-paragraph (3) applies to regulations under paragraph 5, 6, 7, 10, 14 or 17 of Schedule 23 to amend an amount specified in a provision of the Sentencing Code so as to specify a different amount that, immediately before 1 December 2020, is specified in the corresponding provision repealed by this Act by virtue of an order made under a provision repealed by this Act.
(3) The regulations are to be treated for the purposes of that paragraph of Schedule 23 as being made and coming into force on the dates on which the order was made and came into force.
Saving for list of offences applied for other purposes
24 The repeal by Schedule 28 of section 224 of the Criminal Justice Act 2003 does not affect Schedule 15 to that Act (certain specified offences) so far as it continues to apply for any purpose on and after the commencement date.
Enforcement of High Court and Court of Appeal fines
25 Anything done before the commencement date under a provision of sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000 as they apply by virtue of subsection (3) of section 140 of the Senior Courts Act 1981 (enforcement of fines and forfeited recognizances) has effect on and after that date as if done under a provision of sections 130 to 132 of the Sentencing Code as they apply by virtue of that subsection.
Breach of restraining order made on acquittal
26 In relation to an offence under section 5A of the Protection from Harassment Act 1997 committed before 12 March 2015, the reference to a fine in paragraph (b) of subsection (2E) of that section (inserted by paragraph 144 of Schedule 24) is to be read as a reference to a fine not exceeding the statutory maximum.
Commencement and alteration of Crown Court sentence: legal aid
27 (1) In paragraph (b) of the definition of “sentence” in sections 384(4) and 385(8), the reference to an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes, in relation to an old case, a reference to an order under section 17(2) of the Access to Justice Act 1999.
(2) For this purpose “old case” means a pre-commencement case within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) (see regulation 2 of those regulations).
Section 413
As to the repeal of the Powers of Criminal Courts (Sentencing) Act 2000, see further section 413.
Provision | Extent of repeal or revocation
Prevention of Crime Act 1953 (c. 14) | In section 1, subsections (2A) to (2G).
Section 1ZA.
In section 1A, subsections (5), (6), (7) and (9).
Firearms Act 1968 (c. 27) | In section 51A— subsection (4)(a), and subsection (5)(a) (together with the final “and”).
Magistrates' Courts Act 1980 (c. 43) | Section 34.
In section 143— in subsection (2), paragraphs (ca), (cb), (d), (o) and (p), and in subsection (3)(b), the words “or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
In Schedule 6A, the entry relating to Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000.
Prosecution of Offences Act 1985 (c. 23) | Sections 21A to 21F.
Criminal Justice Act 1988 (c. 33) | In section 139, subsections (6A) to (6G).
In section 139A, subsections (5A) to (5G).
Section 139AZA.
In section 139AA, subsections (7), (8), (9) and (11).
Road Traffic Offenders Act 1988 (c. 53) | Section 25(4).
Criminal Justice Act 1991 (c. 53) | In Schedule 11, paragraph 27(1).
Protection from Harassment Act 1997 (c. 40) | Section 5.
Crime and Disorder Act 1998 (c. 37) | In section 8— in subsection (1), paragraphs (c) and (d); in subsection (2), the words “or, as the case may be, the person convicted of the offence under section 443 or 444”; in subsection (6), paragraphs (b) and (c); in subsection (7), the words “or, as the case may be, the commission of any such further offence”.
In section 9— subsections (1) and (1A); in subsection (2)— in paragraph (b), the words “or (c)”; paragraph (c); subsections (2A), (2B), (5A) and (7A).
In section 10, subsections (4) and (5).
In section 18(1), the definition of “serious harm”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) | The whole Act, apart from— section 11; sections 33, 36B, 60 and 61; section 108; sections 139 and 140 (except so far as repealed by Schedule 24 to this Act); section 142; sections 163 to 168; Schedule 5; in Schedule 9, paragraphs 3, 4, 5(1) and (3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 26(1), 27, 31, 32, 35, 40, 43(1) and (2), 45, 46, 48, 50, 51, 53, 54(1) and (2), 56 to 58, 66, 67(1) and (3), 68, 70, 72, 75, 77, 78, 79(b), 80(2), 83, 84, 87, 89(1) and (3), 90(1), (2), (4) and (6), 93, 95, 97 to 99, 102, 104 to 114, 117, 119 to 122, 124, 126, 130, 133 to 135, 146, 147(1) and (2)(a), 148, 149, 152, 160, 163 to 175, 181, 183(1) and (2), 184(1), (3), (4) and (5), 185(1) and (3), 186(1) and (5) and 197(a); in Schedule 11, Part 1.
Criminal Justice and Court Services Act 2000 (c. 43) | Section 60.
Section 61(7).
In Schedule 7— paragraphs 176 to 178; paragraphs 180 to 182; paragraphs 184 to 187; paragraphs 190 and 191; paragraph 203(5).
In Schedule 8, the entry relating to sections 93 to 98 of the Powers of Criminal Courts (Sentencing) Act 2000.
Criminal Justice and Police Act 2001 (c. 16) | Section 133.
Proceeds of Crime Act 2002 (c. 29) | Section 88(5).
In Schedule 11, paragraph 37.
Police Reform Act 2002 (c. 30) | Section 56(6).
Crime (International Co-operation) Act 2003 (c. 32) | In Schedule 5, paragraphs 72 to 74.
Sexual Offences Act 2003 (c. 42) | Section 103A(2)(a)(i).
Section 103H(1)(a).
In Schedule 6, paragraph 43(2).
Criminal Justice Act 2003 (c. 44) | Sections 142 to 154.
Sections 156 to 166.
Section 172.
Section 174.
Sections 176 and 177.
Sections 178 to 180.
Sections 189 to 220A.
Sections 222 to 229.
Sections 231 to 236A.
Section 238.
In section 240A, subsections (3) and (8).
Section 265.
Sections 269 and 270.
Sections 277 and 278.
Section 289.
Section 291(1)(b).
Section 298.
In section 302, the words from “paragraph 7(2)” to “Schedule 12,”.
Section 305(4).
Section 324.
In section 330— in subsection (5)(a), the entries relating to— section 178, section 223, section 236A(6), and section 269(6); in subsection (7), the entries relating to— section 202(3)(b), and section 215(3).
In section 337(2)— the entries relating to sections 180 and 194 and Schedules 9 and 13; the entry relating to paragraph 12(3) of Schedule 12.
In Schedule 3— paragraphs 21 to 28; in paragraph 74, sub-paragraphs (2), (3), and (5).
Schedule 8.
Schedule 9.
Schedule 12.
Schedule 13.
Schedule 14.
Schedule 15B.
Schedule 18A.
Schedule 21.
In Schedule 22, paragraphs 9 and 10.
Schedule 23.
In Schedule 32— paragraphs 21(3), 24, 26, 33, 54, 64(6), 65 and 88; paragraphs 90 to 94; paragraph 106; paragraphs 108 to 121; in paragraph 123, sub-paragraphs (4), (6) and (7); paragraphs 124 to 126; paragraph 141.
Schedule 34.
In Schedule 36, paragraph 98.
Domestic Violence, Crime and Victims Act 2004 (c. 28) | In section 12, subsections (2) to (4).
In section 14, subsections (1) and (2).
In Schedule 5, paragraphs 2, 7, 8 and 9.
In Schedule 10, paragraphs 43, 49, 50, 51, 52, 63 and 64.
In Schedule 12, paragraph 7.
Serious Organised Crime and Police Act 2005 (c. 15) | In section 73— subsections (5A), (6A) and (7); in subsection (8)(b), the words “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or”; subsection (8A).
In section 74, subsections (9), (12)(a), (14) and (16).
Section 75(6).
Section 75A.
Section 125(6)
Criminal Defence Service Act 2006 (c. 9) | In section 4, subsection (2)(c).
Fraud Act 2006 (c. 35) | In Schedule 1, paragraph 29.
Violent Crime Reduction Act 2006 (c. 38) | In section 29, subsections (4) to (6).
In Schedule 1, paragraph 7 and paragraph 9(3) and (8).
Police and Justice Act 2006 (c. 48) | In Schedule 13, paragraph 32.
In Schedule 14, paragraph 62.
Road Safety Act 2006 (c. 49) | In Schedule 3, paragraphs 71 to 73.
Armed Forces Act 2006 (c. 52) | In Schedule 16— paragraphs 163 to 166; paragraphs 216 and 217; paragraph 236.
Tribunals, Courts and Enforcement Act 2007 (c. 15) | In Schedule 13, paragraphs 132, 133 and 154.
Offender Management Act 2007 (c. 21) | Section 31.
Section 33.
Section 34.
In Schedule 3, paragraph 9.
Serious Crime Act 2007 (c. 27) | In Schedule 6, paragraph 39.
Legal Services Act 2007 (c. 29) | In Schedule 21, paragraphs 147 and 148.
UK Borders Act 2007 (c. 30) | Section 25(3)(a).
Criminal Justice and Immigration Act 2008 (c. 4) | Sections 1 to 5.
Sections 7 and 8.
In section 9, subsections (1) and (2).
Sections 10 to 12.
Sections 17 to 20.
In section 22, subsections (5) and (6).
Sections 35 to 38.
In section 147— subsection (4)(b); in subsection (5), paragraphs (a), (i) and (j).
Schedule 1.
Schedule 2.
Schedule 3.
In Schedule 4— paragraphs 51 to 58 and 60; paragraphs 62 to 64; paragraphs 72 to 91; paragraphs 93, 96, 100 and 103; paragraphs 106 to 109.
In Schedule 8, paragraph 28.
In Schedule 13, paragraphs 8 to 10.
In Schedule 26— paragraphs 40 to 49; paragraphs 64 to 70; paragraph 72.
Children and Young Persons Act 2008 (c. 23) | In Schedule 1, paragraph 21.
Counter-Terrorism Act 2008 (c. 28) | Section 32.
Section 75(2)(c).
Coroners and Justice Act 2009 (c. 25) | Section 125.
Section 126.
In Schedule 16, paragraph 5.
In Schedule 17, paragraphs 6, 8, 10 and 12.
In Schedule 21, paragraphs 52, 85, 86, 94, 95 and 98.
Policing and Crime Act 2009 (c. 26) | In Schedule 7, paragraph 22.
Health and Social Care Act 2012 (c. 7) | Section 38(5)(d).
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) | In section 64, subsections (1) to (3).
In section 65, subsections (1) to (9).
Sections 66 and 67.
In section 68, subsections (1) to (5).
Sections 69 to 74.
Section 76.
Section 77.
In section 79, subsections (1) and (2).
In section 80, subsections (1) to (8).
Sections 81 to 84.
In section 87, subsections (1) and (2) and (5) to (7).
In section 109, subsections (4) and (7).
Section 110(10).
Section 117(9).
In section 122, subsections (1) and (2).
Section 124.
In Schedule 5— paragraphs 52 to 54; paragraph 69.
In Schedule 9— paragraphs 2 to 12; paragraph 20.
In Schedule 10, paragraph 38(2)(b).
In Schedule 12, paragraphs 42 to 44.
In Schedule 13, paragraphs 9 to 11.
In Schedule 14 paragraph 3.
Schedule 18.
In Schedule 19— paragraphs 3 to 7; paragraphs 10 to 24.
In Schedule 20, paragraphs 3 and 13.
In Schedule 21— paragraphs 7 to 15; paragraphs 21 to 28; paragraphs 34 and 36.
In Schedule 22, paragraphs 14 to 16.
In Schedule 24, paragraphs 18 to 20.
In Schedule 26— paragraphs 9 to 14; paragraphs 16 to 22; paragraph 31.
Prevention of Social Housing Fraud Act 2013 (c. 3) | In the Schedule, paragraphs 8 and 28 to 30.
Crime and Courts Act 2013 (c. 22) | In Schedule 16, paragraphs 1 to 8, 10, 12, 13 and 16 to 24.
Offender Rehabilitation Act 2014 (c. 11) | Section 6.
Section 8.
Section 14(1).
Sections 15 to 17.
In section 18, subsections (1) to (9) and (12).
In Schedule 3, paragraphs 10 to 12.
In Schedule 4, paragraphs 2 to 7 and 11 to 15.
Schedule 5.
In Schedule 6, paragraphs 8 to 11.
In Schedule 7, paragraph 7.
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12) | Sections 22 to 33.
Section 179(3).
Criminal Justice and Courts Act 2015 (c. 2) | Section 3.
Section 5(1) and (2).
Section 15(1) to (3).
Section 27.
In section 28, subsections (1) to (7).
Sections 43 to 45.
Section 53.
In section 54, subsections (1) and (4).
Section 83(1).
In Schedule 1, paragraphs 2 to 4, 10, 13 and 24.
In Schedule 5— paragraphs 3 to 8; paragraphs 10 to 17.
In Schedule 9, paragraph 12.
In Schedule 11, paragraph 23.
In Schedule 12, paragraphs 9, 13, 15 and 16.
Serious Crime Act 2015 (c. 9) | In Schedule 4, paragraph 69.
Modern Slavery Act 2015 (c. 30) | Section 6(4).
In Schedule 5, paragraphs 14, 24 and 25.
Policing and Crime Act 2017 (c. 3) | Section 79(3).
Children and Social Work Act 2017 (c. 16) | In Schedule 5, paragraph 48(b).
Assaults on Emergency Workers (Offences) Act 2018 (c. 23) | Section 2.
Counter-Terrorism and Border Security Act 2019 (c. 3) | Section 9(3) and (4).
In Schedule 4, paragraphs 7 and 9(3).
Offensive Weapons Act 2019 (c. 17) | Sections 8 and 9.
In section 13, subsections (1), (4), (6) and (7).
In Schedule 2, paragraphs 7, 8, 10 and 12.
Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3) | Section 7(1).
Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9) | Schedule 2, apart from paragraphs 45, 114, 115, 121, 123(1), (2), (3), (4), (5) and (7) and 136.
Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605) | The whole Regulations.
Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035) | In the Schedule, paragraphs 40 to 43.
Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643) | Article 2.
In article 3, paragraphs (2), (3), (4), (6), (8) and (16).
Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886) | In the Schedule— paragraphs 62 to 65, 67 to 71, 73 to 79, 81, 82, 84 and 85; paragraph 103 to 107; paragraphs 110 and 111; paragraph 113(a), (e) and (f).
Criminal Justice 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) | In Schedule 2, paragraphs 4, 5(2)(a) and 7 to 13.
Firearms (Sentencing) (Transitory Provisions) Order 2007 (S.I. 2007/1324) | The whole Order.
Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912) | In Schedule 1— paragraph 13(4); paragraph 14; in paragraph 19, sub-paragraphs (2), (3), (5) to (13), (17), (20) and (21).
Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059) | In Schedule 1, paragraph 53(5), (6) and (7).
In Schedule 2, paragraphs 2 to 7 and 9 to 16.
Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182) | In Schedule 5, paragraphs 7 and 10.
Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010 (S.I. 2010/197) | The whole Order.
Health and Social Care Act 2008 (Consequential Amendments No. 2) Order 2010 (S.I. 2010/813) | Articles 10, 14 and 20.
Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158) | In Schedule 2, paragraphs 45 and 63.
Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298) | In the Schedule, paragraph 14.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824) | Regulation 5.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664) | In Schedule 5, paragraph 3.
Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413 (W. 131)) | Regulations 165 to 169, 211, 259 and 260.
Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195 (W. 44)) | Regulations 24 and 40.
Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780) | Regulations 21, 25, 26, 27 and 30.