- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
Provisions applying to sentencing courts generally
PART 2 Powers exercisable before passing sentence
CHAPTER 3 Remission to youth court or other magistrates' court for sentence
25.Power and duty to remit offenders aged under 18 to youth courts for sentence
26.Remission by Crown Court to youth court: custody or bail, and appeals
27.Power of youth court to remit offender who attains age of 18 to magistrates’ court other than youth court for sentence
28.Power of magistrates’ court to remit case to another magistrates’ court for sentence
29.Remission by magistrates’ court: adjournment, remand and appeal
CHAPTER 1 Information and reports
PART 6 Orders relating to conduct
PART 7 Financial orders and orders relating to property
124.Fixing of fine: duty of court to inquire into individual offender’s circumstances
125.Exercise of court’s powers to impose fine and fix amount
126.Power to determine financial circumstances where offender is absent or fails to provide information
127.Remission of fines following determination under section 126
128.Fine imposed on offender aged under 18: payment by parent or guardian
129.Fine imposed on offender by Crown Court: duty to make term in default order
130.Fine imposed by Crown Court: power to allow time for payment or payment by instalments
132.Enforcement of fines imposed on offenders by Crown Court
CHAPTER 4 Forfeiture, deprivation of property etc
154.Vehicle to be treated as used for purpose of certain offences
156.Deprivation order: property to be taken into possession of police or Secretary of State
157.Property to which a deprivation order applies: orders by magistrates’ court
158.Regulations about unclaimed property to which deprivation order applies
159.Application of proceeds of property subject to deprivation order
CHAPTER 1 Driving disqualification
164.Driving disqualification order: availability where vehicle used for purposes of crime
166.Extension of disqualification where custodial sentence also imposed
168.Requirement to produce licences where driving disqualification order made
170.Road Traffic Offenders Act 1988: further provision about driving disqualification etc
CHAPTER 1 Youth rehabilitation orders
CHAPTER 1 Custody: general provisions
General limits on powers to impose custodial sentences
223.Two year limit on imprisonment for statutory offence if no maximum specified
224.General limit on magistrates’ court’s power to impose imprisonment or detention in a young offender institution
225.Restriction on consecutive sentences for released prisoners
226.Custodial sentence: restrictions in certain cases where offender not legally represented
227.Restriction on imposing imprisonment on persons under 21
Power of magistrates' court to imprison for less than specified term
Exercise of powers to impose discretionary custodial sentences
CHAPTER 2 Offenders aged under 18
235.Exercise of power to make a detention and training order
237.Making of order where offender subject to other order or sentence of detention
238.Offender subject to more than one order: maximum overall term
239.Period on remand etc: effect on term of detention and training order
240.Period of custody awaiting extradition: effect on term of detention and training order
243.Breach of supervision requirement and further offences during order
244.Offender subject concurrently to detention and training order and sentence of detention in a young offender institution
245.Offender subject concurrently to detention and training order and other sentence of detention
246.Effect of detention and training order made where offender has reached 18
247.Further supervision after end of term of detention and training order
CHAPTER 3 Adults aged under 21
Suspended sentence of detention in a young offender institution
Special custodial sentence for certain offenders of particular concern
Extended sentence of detention in a young offender institution
Detention in a young offender institution: consecutive sentences etc
Detention in a young offender institution: further provision
Provision for review of suspended sentence order with community requirements
Making a suspended sentence order with community requirements
Suspended sentence order with community requirement: obligations of responsible officer and offender
Transferring order with community requirements to Scotland or Northern Ireland
Further powers relating to sentencing
CHAPTER 2 Sexual harm prevention orders
345.Sexual harm prevention order: availability on conviction
348.Sexual harm prevention orders: prohibitions on foreign travel
349.Making of sexual harm prevention order: effect on other orders
350.Sexual harm prevention orders: variations, renewals and discharges
351.Variation of sexual harm prevention order by court in Northern Ireland
352.Sexual harm prevention orders: notification requirements
355.Parenting order where sexual harm prevention order made in case of offender aged under 18
Parenting order for parent or guardian of offender aged under 18
Parenting order in case of certain offences related to school attendance
Provisions applying generally to parenting orders under Code
Sentencing: miscellaneous provision and interpretation
SCHEDULES
Offences where terrorist connection to be considered
5.An offence under any of the following provisions of the...
6.An offence under section 1 of the Biological Weapons Act...
8.An offence under any of the following provisions of the...
9.An offence under any of the following provisions of the...
10.An offence under any of the following provisions of the...
11.An offence under Part 2 of the Channel Tunnel (Security)...
12.An offence under either of the following provisions of the...
13.An offence under either of the following provisions of the...
Order for conditional discharge: commission of further offence
Youth offender contract: programme of behaviour
1.This Schedule applies to a programme of behaviour agreed between...
2.The programme may, in particular, include requiring the offender to—...
3.The programme may include provision for the offender’s compliance with...
4.Activities that may be specified by virtue of paragraph 2(f)...
5.The programme may not provide for— (a) electronic monitoring of...
7.In this Schedule “victim” means any person who appears to...
Referral order: further court proceedings
Breach, revocation and amendment of reparation order
Breach, revocation or amendment of youth rehabilitation order
PART 2 Breach of requirement of order
4.Duty to give warning or lay information relating to breach of order
8.Restriction of powers in paragraphs 6 and 7 where treatment required
10.Powers in paragraphs 6 and 7 to impose other requirements: further provisions
11.Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance
Transfer of youth rehabilitation orders to Northern Ireland
PART 2 Requirements etc: availability and modifications of Schedule 6
PART 3 Making or amendment of order in accordance with Part 1 of this Schedule
PART 4 Effect of order made or amended in accordance with Part 1 of this Schedule
14.Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction
15.Effect of the youth rehabilitation order in Northern Ireland
16.Powers of the home court in respect of the youth rehabilitation order
19.Powers of court in England or Wales where offender required to appear under paragraph 17
20.(1) This paragraph applies where— (a) the relevant court in...
Community orders and suspended sentence orders: requirements
Transfer of community orders to Scotland or Northern Ireland
1.Making of community order where offender will reside in Scotland
2.Amendment of community order where offender will reside in Scotland
4.The order must not impose— (a) an alcohol abstinence and...
5.(1) The order must not impose a locally based requirement...
6.Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule
7.Making of community order where offender will reside in Northern Ireland
8.Amendment of community order where offender will reside in Northern Ireland
10.The order must not impose an alcohol abstinence and monitoring...
11.The order must not impose an electronic whereabouts monitoring requirement...
12.(1) The order must not impose a locally based requirement...
13.Further provision where offender resides or will reside in Northern Ireland
PART 3 Making or amendment of order in accordance with Part 1 or 2 of this Schedule
PART 4 Effect of order made or amended in accordance with Part 1 or 2 of this Schedule
20.Order to be treated as corresponding order in certain circumstances
21.Exercise by home court of powers relating to corresponding orders
22.Power of home court to require offender to appear before court in England and Wales
24.Powers of court in England and Wales where offender required to appear under paragraph 22
25.(1) This paragraph applies where— (a) a court in England...
26.(1) This paragraph applies where— (a) a court in England...
Detention and training order: breach of supervision requirements and further offences
2.Breach of supervision requirement: issue of summons or warrant by justice of the peace
3.Power of youth court to deal with offender for breach of supervision requirement
5.Interaction of further detention order with other detention and training orders
6.Interaction of further detention order with other custodial sentences
7.Offence after release for supervision or during further supervision period
Special sentence for offenders of particular concern: offences
2.An offence under any of the following provisions of the...
3.An offence under any of the following provisions of the...
4.An offence under any of the following provisions of the...
5.An offence under any of the following provisions of the...
8.An inchoate offence in relation to murder where the offence...
Life sentence for second offence: listed offences
Breach or amendment of suspended sentence order, and effect of further conviction
PART 2 Breach of community requirement or conviction of further offence
6.Breach of community requirement: duty to give warning or refer to enforcement officer
8.Order subject to magistrates’ court supervision: issue of summons or warrant by justice
9.Crown Court order: issue of summons or warrant by Crown Court
10.Offender before magistrates’ court: breach of community requirement
12.Offender before Crown Court: breach of community requirement or further conviction
13.Powers of court to deal with offender on breach of requirement or subsequent conviction
14.Exercise of power in paragraph 13: duty to make activation order where not unjust
16.Power under paragraph 13 to fine or amend community requirements: further provision
17.Treatment requirement: reasonable refusal to undergo certain treatment
18.Duty of court in Scotland or Northern Ireland when informed of suspended sentence
19.Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence
20.(1) This paragraph applies where it appears to a justice...
Transfer of suspended sentence orders to Scotland or Northern Ireland
PART 6 Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland
PART 7 Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule
Detention under section 250 and minimum sentences: firearms offences
Determination of minimum term in relation to mandatory life sentence for murder etc
Amendments of the Sentencing Code and related amendments of other legislation
PART 3 Fines etc: abolition of detention in default of payment
6.In section 119 (power of magistrates’ court to fine where...
7.In section 127 (remission of fines following determination under section...
8.In section 129 (fine imposed on offender by Crown Court:...
9.In section 132 (enforcement of fines imposed on offenders by...
10.In section 382 (power to determine financial circumstances of offender’s...
11.Youth rehabilitation orders with intensive supervision and surveillance
14.(1) In section 204 (exercise of power to impose community...
15.Youth rehabilitation orders and community sentences: references to previous convictions
16.Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States
17.(1) Section 202 (availability of community order), as amended by...
18.(1) Section 204A (exercise of power to impose community order)...
19.(1) Section 397A (offenders fined at least three times: interpretation),...
20.Consequential amendment of section 77 (basis of opinion provisions)
21.Community orders: powers to imprison offender for wilful or persistent breach
22.Exceptions to threshold for custodial sentence where offender fails to express willingness to comply with amended requirement
23.Change of residence: duty of responsible officer to apply to court for amendment of order
24.Increase in magistrates’ court’s power to impose imprisonment
25.In— (a) paragraph 10(5)(d) of Schedule 10 (magistrates’ court’s powers...
26.In— (a) paragraph 11(2)(d) of Schedule 10 (Crown Court’s powers...
28.Repeal of temporary provision resulting from paragraph 27
30.Custodial sentences where offender already subject to sentence following conviction before commencement
31.In section 245 (offender subject concurrently to detention and training...
32.In section 248 (detention and training orders: interpretation)—
33.In section 253 (sentence of detention passed on offender subject...
34.In section 257 (extended sentence under section 254 where offender...
35.In section 270 (sentence of detention in a young offender...
37.In section 59(2)(h) (sentencing guidelines: general duty of court), for...
38.In section 61 (sentencing guidelines: extended sentences and life sentences)—...
39.In section 129(5)(c) (fine imposed on offender by Crown Court:...
40.In section 166(5) (extension of disqualification where custodial sentence also...
42.In section 224 (general limit on magistrates’ court’s power to...
43.In section 226 (custodial sentence: restriction in certain cases where...
44.In section 227 (restriction on imposing imprisonment on person under...
45.In section 230(3) (threshold for imposing discretionary custodial sentence), for...
46.In section 231 (length of discretionary custodial sentences: general provision)—...
47.In section 236 (term of order, consecutive terms and taking...
48.In section 244 (interaction with sentences of detention in a...
49.In section 246 (effect of detention and training order made...
50.In section 249 (sentence of detention under section 250: availability),...
51.In section 252 (maximum sentence), in subsection (2), in paragraphs...
52.In section 256 (term of extended sentence of detention under...
53.(1) Omit Chapter 3 of Part 10 (custodial sentences for...
54.In section 277 (suspended sentence order for person aged 21...
55.In section 278 (required special custodial sentence for certain offenders...
56.In section 279 (extended sentence of imprisonment for certain violent...
57.In section 280 (extended sentence of imprisonment: availability), in subsection...
58.In section 283 (life sentence for second listed offence), in...
59.In section 285 (required life sentence for offence carrying life...
60.In section 286 (suspended sentence order), in subsection (1), omit...
61.In section 289 (suspended sentence to be treated generally as...
63.In section 310 (certificates of conviction), in the words following...
64.In section 311 (minimum sentence for certain offences involving firearms...
65.In section 312 (mandatory minimum sentence for offences of threatening...
66.In section 313 (minimum sentence for third drug trafficking offence)—...
67.In section 314 (minimum sentence for third domestic burglary offence)—...
68.In section 315 (minimum sentence for repeat offence involving weapon...
69.In section 324 (interpretation of sections 321 and 322), in...
70.In section 329 (conversion of sentence of detention to sentence...
71.(1) In section 384(3)(b) (commencement of sentence), for “, 257...
72.In section 397(1) (interpretation: general), in the definition of “extended...
73.In section 399(b) (mandatory sentences)— (a) in the opening words,...
74.(1) In paragraph 10 of Schedule 10 (magistrates’ court’s powers...
75.(1) In paragraph 11 of Schedule 10 (Crown Court’s powers...
76.In Schedule 12, in paragraph 3 (breach of requirement of...
77.In Schedule 14 (extended sentences: the earlier offence condition: offences),...
78.In Schedule 15 (life sentence for second offence: listed offences),...
79.Change of residence: duty of responsible officer to apply for amendment of suspended sentence order
82.(1) Section 315 (minimum sentence for repeat offence involving weapon)...
83.In each of the following provisions, after “weapon” insert “or...
85.(1) Section 323 (minimum term order: other life sentences) is...
86.(1) Section 65 (previous convictions) is amended as follows.
87.In section 85 (duty and power to make referral order),...
88.In section 273 (custody for life for second listed offence)...
89.In section 283 (life sentence for second listed offence) in...
92.In section 315 (minimum sentence for repeat offence involving weapon),...
93.(1) Section 317 (certificates of conviction for purposes of sections...
94.(1) Section 318 (offences under service law) is amended as...
95.(1) In Schedule 14 (extended sentences: the earlier offence condition:...
96.(1) Schedule 15 (life sentence for second offence: listed offences),...
Powers to amend the Sentencing Code
5.In section 49(5)(c) of that Act, for “section 107(1) of...
7.In section 1A of that Act, after subsection (4) insert—...
10.In section 10(2)(b) of that Act— (a) in sub-paragraph (ii),...
11.After section 30A of that Act insert— Criminal courts charge...
17.In section 52(1A)(a) of that Act— (a) for “the meaning...
19.In section 65(3)(b)(xxii) of that Act, before “Part 1 of...
22.Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)
40.Ancient Monuments and Archaeological Areas Act 1979 (c. 46)
42.Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)
52.In section 85(3A)(b) of the MCA 1980, for “section 161A...
57.In section 125D(3)(f) of the MCA 1980, for “Schedule 1...
61.Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)
79.In section 63K(6)(a) of that Act, after “section 76 of...
80.In section 75(3)(a) of that Act— (a) after “section 14...
90.In section 139 of that Act, after subsection (6) insert—...
91.In section 139A of that Act, before subsection (6) insert—...
92.In section 139AA of that Act, after subsection (6) insert—...
93.In section 159(1)(aa) of that Act, after “by the Crown...
103.In section 37(1B) of that Act, in paragraph (c) insert...
104.In section 42(3B) of that Act, in paragraph (c) insert...
106.In section 47(2ZA) of that Act, for paragraph (c) substitute—...
109.In section 31(7)(b)(ii) of that Act, for “the meaning of...
118.In section 59(8A), for “a compensation order has been made...
119.In section 59ZB(10), for “a compensation order has been made...
124.Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)
131.Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)
138.In section 79 of that Act, after subsection (3) insert—...
151.In section 113CB(2)(fa) of that Act— (a) after “under section...
157.In section 66ZB(6)(a) of the CDA 1998, for “section 12(1)(b)...
158.In section 66F(a) of the CDA 1998, for “section 12(1)(b)...
163.In section 108(1) of that Act, for “section 89(1) above”...
164.In the italic heading before section 139 of that Act,...
167.(1) Section 142(1) of that Act is amended as follows....
174.In section 62A(4)(b) of that Act, after “section 91 of...
189.In section 27(2)(b) of the POCA 2002, for “section 3,...
196.In section 82(2)(d) of the POCA 2002, for “the Sentencing...
198.In section 148(2)(d) of the POCA 2002, after “section 143...
199.In section 230(2)(d) of the POCA 2002, after “section 143...
208.In section 103C(6) of the SOA 2003, after “another),” insert...
212.In section 134(1)(a) of the SOA 2003, for “section 14(1)...
213.In section 136ZA(1)(a) of the SOA 2003, after “order” insert...
214.In section 136ZB of the SOA 2003, after subsection (2)...
226.(1) Section 247A of the CJA 2003 (inserted by section...
230.In section 256AB(2) of the CJA 2003, for “section 200A(5)...
233.In section 258(3A) of the CJA 2003, for “the Sentencing...
235.In section 263(4) of the CJA 2003, for “the Sentencing...
237.Before section 264B of the CJA 2003 insert— Consecutive terms:...
239.In section 273(3) of the CJA 2003, for paragraphs (a)...
242.In section 301(1)(b) of the CJA 2003, for “section 89...
250.Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
255.In section 74(1) of that Act, after “This section applies...
267.In section 46 of that Act, for subsection (2) substitute—...
272.In section 56(7)(b)(ii) of that Act, for “section 137(1) or...
275.In section 45(1)(a) of that Act— (a) in sub-paragraph (iv),...
281.In section 158(3)(a) of that Act, for “section 14(1) of...
282.In section 164(3)(d) of that Act, after “section 143 of...
284.Terrorism Prevention and Investigation Measures Act 2011 (c. 23)
285.Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
287.In section 102(2)(d) of that Act, for “order under section...
288.(1) Section 128(6) of that Act is amended as follows....
294.In section 34(3)(a) of that Act, for “section 14(1) of...
296.In section 32(6)(a) of that Act, for paragraph (a) substitute—...
300.In section 23(10) of that Act, for “2003” substitute “2000...
302.In Schedule 24 to that Act, after paragraph 13 insert—...
PART 4 Northern Ireland legislation
313.Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))
314.Recovery of Health Services Charges (Northern Ireland) Order 2006 (S.I. 2006/1944 (N.I. 13))
315.Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))
316.Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335)
317.Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)
320.In regulation 7(3) of those Regulations, for “section 145 of...
321.Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997 (S.I. 1997/2588)
323.Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)
324.(1) Article 4(2) of that Order is amended as follows....
325.Magistrates’ Courts Warrants (Specification of Provisions) Order 2000 (S.I. 2000/3278)
327.In rule 5A(2)(b)(iii) of those rules, after “section 100 of...
328.In rule 60(1)(f) of those Rules, after “section 100 of...
329.Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)
330.Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)
332.Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051)
333.Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 (S.I. 2003/336)
334.Guardian’s Allowance (General) Regulations 2003 (S.I. 2003/495)
335.Magistrates’ Courts (Parenting Orders) Rules 2004 (S.I. 2004/247)
338.Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)
339.Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181)
340.(1) Article 141ZE of that Order is amended as follows....
342.In Schedule 5 to that Order, after the entry referring...
343.National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361)
344.National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373)
345.National Health Service (Dental Charges) Regulations 2005 (S.I. 2005/3477)
346.Child Benefit (General) Regulations 2006 (S.I. 2006/223)
347.National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 (S.I. 2006/489 (W.58))
348.National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 (S.I. 2006/490 (W.59))
349.National Health Service (Dental Charges) (Wales) Regulations 2006 (S.I. 2006/491 (W.60))
350.Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116)
351.Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (S.I. 2006/2135)
356.In article 11(1)(b) of that Order, for “section 74(8) of...
357.In article 15(1) of that Order, for “section 74(8) of...
358.National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (S.I. 2007/121 (W.11))
359.Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174)
361.In Schedule 5 to that Order, in paragraph 1(4)(e), for...
362.Community Order (Review by Specified Courts) Order 2007 (S.I. 2007/2162)
363.In article 3(2) of that Order— (a) for “under section...
365.Immigration (Disposal of Property) Regulations 2008 (S.I. 2008/786)
366.Employment and Support Allowance Regulations 2008 (S.I. 2008/794)
367.Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186)
368.Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741)
369.Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)
372.Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209)
373.In rule 96(3)(b) of those Rules, for “paragraph 21 of...
379.In Schedule 2 to those Rules, in paragraph 15(2), for...
380.Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212)
381.Community Care, Services for Carers and Children’s Services (Direct Payments) (England) Regulations 2009 (S.I. 2009/1887)
383.Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (S.I. 2009/1922)
384.Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041)
387.In rule 114(5)(b) of those Rules, for “paragraph 23 of...
389.In rule 134(2)(c)(ii) of those Rules, for “section 105(2) of...
395.In Schedule 2 to those Rules, in paragraph 17(2), for...
396.Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042)
398.After regulation 9 insert— Modification of section 64 of the...
400.Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009 (S.I. 2009/3074)
401.Child Minding and Day Care (Disqualification) (Wales) Regulations 2010 (S.I. 2010/1703 (W.163))
402.Visits to Former Looked After Children in Detention (England) Regulations 2010 (S.I. 2010/2797)
403.Disabled People’s Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862)
404.Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696)
406.In the following provisions of that Order, for “section 161A...
407.(1) The Schedule to that Order is amended as follows....
408.Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677)
409.National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996)
410.Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9)
411.In regulation 12(2)(d)(ii) of those Regulations, after “Chapter 2 of...
412.National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 (S.I. 2013/350)
413.Employment and Support Allowance Regulations 2013 (S.I. 2013/379)
414.Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435)
415.(1) Schedule 2 to those Regulations is amended as follows....
416.In Schedule 4 to those Regulations, in paragraph 5(3)(b)(v), for...
417.National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461)
418.National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617)
419.Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014 (S.I. 2014/669)
421.Offender Management Act 2007 (Approved Premises) Regulations 2014 (S.I. 2014/1198)
422.Special Educational Needs (Personal Budgets) Regulations 2014 (S.I. 2014/1652)
423.Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014 (S.I. 2014/1977)
424.Care and Support (Direct Payments) Regulations 2014 (S.I. 2014/2871)
425.Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300)
426.(1) Regulation 17 of those regulations is amended as follows....
428.National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570)
429.Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I. 2015/796)
430.(1) Regulation 2 of those regulations is amended as follows....
431.In regulation 4 of those Regulations, for “section 21E(4) of...
432.Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015 (S.I. 2015/1265 (W.85))
433.Care and Support (Direct Payments) (Wales) Regulations 2015 (S.I. 2015/1815 (W.260))
434.Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298))
435.Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961)
436.Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017 (S.I. 2017/235)
437.Bereavement Support Payment Regulations 2017 (S.I. 2017/410)
438.Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018 (S.I. 2018/210)
439.Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (S.I. 2018/794)
441.Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158)
PART 6 Amendment of provisions referring to section 154 of Criminal Justice Act 2003
Amendments to the Armed Forces Act 2006
PART 1 Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.
2.After section 177 insert— Effect of service compensation order on...
3.(1) Section 178 (service community orders) is amended as follows....
4.For section 179 (periodic review etc of service community orders)...
5.For section 180 (transfer of service community order to Scotland...
6.For section 181 (breach, revocation or amendment of service community...
7.(1) Section 182 (overseas community orders) is amended as follows....
8.For section 183 (overseas community orders: modifications of 2003 Act)...
9.In section 184 (breach, revocation or amendment of overseas community...
10.Omit Schedule 5 (breach, revocation and amendment of community punishments)....
11.(1) Schedule 6 (overseas community orders) is amended as follows....
12.After Schedule 6, insert— SCHEDULE 6A Breach, revocation and amendment...
13.In section 185 (conditional or absolute discharge), in subsection (2)(b),...
PART 2 Amendments to Chapter 2 of Part 8: consecutive sentences
PART 3 Amendments to Chapter 4 of Part 8: suspended sentence orders
17.In the Chapter heading, for “under 12 Months” substitute “two...
19.For section 200 substitute— Suspended sentence orders (1) In the following provisions of the Sentencing Code, “court”...
20.In section 202 (order with community requirements: disapplication of certain...
21.For section 203 (review of order with community requirements), substitute—...
22.For section 204 (transfer to Scotland or Northern Ireland of...
25.For section 207 (definitions for purposes of Chapter) substitute— Definitions...
26.For Schedule 7 (suspended prison sentence: further conviction or breach...
PART 4 Amendments to Chapter 5 of Part 8: custodial sentences for young offenders
28.In section 208 (prohibition on imposing imprisonment on people under...
29.(1) Section 209 (offenders under 18 convicted of certain serious...
30.After section 210 insert— Offenders under 21: offences other than...
31.In section 211 (offenders under 18: detention and training orders)—...
32.(1) Section 212 (term of detention and training order: general)...
33.(1) Section 213 (application of provisions relating to civilian detention...
34.(1) Section 214 (offences during currency of detention and training...
PART 5 Amendments to Chapter 6 of Part 8: sentences for certain offences
37.In section 217 (mandatory life imprisonment), for subsection (2) substitute—...
38.(1) Section 218A (life sentence for second listed offence) is...
39.(1) Section 219 (life sentence for certain dangerous offenders aged...
40.(1) Section 219A (extended sentences for certain violent, sexual or...
41.(1) Section 221 (life sentence for certain dangerous offenders aged...
42.(1) Section 221A (extended sentence for certain violent, sexual or...
43.(1) Section 223 (the “required opinion” for the purposes of...
44.For section 224 (place of detention under certain sentences), substitute—...
45.(1) Section 224A (special custodial sentence for certain offenders of...
47.In section 226 (third domestic burglary)— (a) in subsection (1)(b),...
48.(1) Section 227 (firearms offences) is amended as follows.
49.(1) Section 227A (offences of threatening with a weapon on...
50.(1) Section 228 (appeals where previous convictions set aside) is...
PART 6 Amendments to Part 9: sentencing: principles and procedures
53.In section 238 (deciding the seriousness of an offence), at...
54.In section 239 (reduction in sentences for guilty pleas)—
55.In section 246 (crediting of time in service custody: terms...
56.In section 247 (crediting of time in service custody: supplementary),...
57.In section 257 (pre-sentence reports: supplementary)— (a) in subsection (1),...
58.In section 260 (discretionary custodial sentences: general restrictions)—
59.In section 261 (length of discretionary custodial sentences: general provision),...
60.After section 261, insert— Life sentences: further provision (1) In Chapter 8 of Part 10 of the Sentencing...
61.In section 262 (power to recommend licence conditions), for “section...
62.After section 262, insert— Conversion of sentence of detention to...
63.In section 263 (restriction on imposing custodial sentence or service...
64.In section 269A (fines: fixing of term of imprisonment for...
65.In section 269B (service compensation orders: power to set maximum...
66.In section 270 (community punishments: general restrictions), in subsection (2A)—...
67.In section 270A (exception to restrictions on community punishments), in...
68.In section 271 (civilian courts dealing with service offences), in...
PART 7 Miscellaneous further amendments
70.Amendments to Part 10 (Court Martial decisions: appeal and review)
72.In section 284 (fines and compensation: maximum amounts), in subsection...
73.Amendments to Part 12 (service and effect of certain sentences)
74.In section 302 (remission of certain sentences on passing of...
75.In section 304 (sentences passed by civilian courts), in subsection...
76.Amendments to Part 13 (discipline: miscellaneous and supplementary)
77.In section 322 (financial penalty enforcement orders), in subsection (4),...
Further amendments of the Armed Forces Act 2006
2.In section 179(3) (review of service community order imposing drug...
3.In section 181(3) (breach, revocation or amendment of service community...
4.In section 203(4) (review of suspended sentence order with community...
5.In paragraph 13 of Schedule 7 (suspended sentence orders: breach...
6.In section 208 (prohibition on imposing imprisonment on people under...
7.In section 209 (offenders under 18 convicted of certain serious...
9.In section 211 (offenders under 18: detention and training orders),...
10.In section 212 (term of detention and training order: general),...
11.In section 217 (mandatory life imprisonment), for subsections (2) to...
12.In section 218A (life sentence for second listed offence)—
13.In section 219 (life sentence for certain dangerous offenders aged...
14.In section 219A (extended sentence for certain violent or sexual...
15.In section 224A (special custodial sentence for certain offenders of...
16.In section 227A (offences of threatening with a weapon in...
18.In section 239 (reduction in sentences for guilty pleas), in...
19.In section 260 (discretionary custodial sentences: general restrictions)—
20.In section 261 (length of discretionary custodial sentences: general provision),...
21.In section 262A (conversion of sentence of detention to sentence...
22.In section 263 (restriction on imposing custodial sentence or service...
23.In section 273 (review of unduly lenient sentence by Court...
24.In section 283 (imprisonment: maximum term)— (a) in subsection (1),...
25.In section 305 (random drug testing), in subsection (5), for...
Transitional provisions and savings
12.Restriction on making community order etc and suspended sentence order
13.Making detention and training order where offender subject to other order
14.Period on remand etc: effect on term of detention and training order
15.Special custodial sentences for offenders of particular concern
16.Special custodial sentences for offenders of particular concern: armed forces
19.Restriction on imposing custodial sentence without legal representation
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