Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 25 Amendments to the Armed Forces Act 2006

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”.