Sentencing Act 2020

Prospective

Youth rehabilitation orders and community sentences: references to previous convictions E+W

15 E+W After section 397 insert—

“397A Offenders fined at least three times: interpretation

(1) This section applies for the purposes of the following provisions (the “relevant provisions”)—

(a) section 179A(1)(b) (exercise of power to make youth rehabilitation order: persistent offender previously fined),

(b) section 202(1A)(b) (availability of community order: seriousness condition), and

(c) section 204A(3)(c) (exercise of power to impose community order: persistent offender previously fined).

(2) For those purposes, the following do not form part of an offender's sentence—

(a) a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));

(b) a compensation order (or an order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders));

(c) a service compensation order awarded in service disciplinary proceedings;

(d) a surcharge under section 42 (or an order under section 161A of the Criminal Justice Act 2003 (surcharge));

(e) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(f) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(3) For those purposes, it is immaterial whether on other previous occasions a court has passed on the offender a sentence not consisting only of a fine.

[F1 (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.]

(4) In each of the relevant provisions, the reference to conviction by a court in the United Kingdom includes a reference to—

(a) a conviction in proceedings (whether or not before a court) in respect of—

(i) a service offence within the meaning of the Armed Forces Act 2006, or

(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), or

(b) a finding of guilt in—

(i) proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

(ii) proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976.

(5) For the purposes of the relevant provisions and this section, any reference to conviction or sentence, in the context of proceedings mentioned in subsection (4), includes anything that under section 376(1) to (3) of the Armed Forces Act 2006 is to be treated as a conviction or sentence.”

Textual Amendments

F1 Words in Sch. 22 para. 15 inserted by Sentencing Act 2020 (c. 17), Sch. 22 para. 19(1A) (as inserted by 2020 c. 17, Sch. 22 para. 97A (as amended by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16)))