Sentencing Act 2020

Section 411

SCHEDULE 26 Further amendments of the Armed Forces Act 2006

1 The Armed Forces Act 2006 is amended as follows.

2 In section 179(3) (review of service community order imposing drug rehabilitation requirement), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

(a) omit “or detention in a young offender institution” (in both places where it occurs);

(b) in paragraph (a) for “6 months” substitute “12 months”.

3 In section 181(3) (breach, revocation or amendment of service community order), in the paragraph 5A treated as inserted into Schedule 10 to the Sentencing Code, in sub-paragraph (2)—

(a) omit “or detention in a young offender institution”;

(b) for “6 months” substitute “12 months”.

4 In section 203(4) (review of suspended sentence order with community requirements), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

(a) omit “or detention in a young offender institution” (in both places where it occurs);

(b) in paragraph (a) for “6 months” substitute “12 months”.

5 In paragraph 13 of Schedule 7 (suspended sentence orders: breach or amendment; effect of further conviction), in the sub-paragraph (8A) treated as inserted into paragraph 25 of Schedule 16 to the Sentencing Code—

(a) omit “or detention in a young offender institution” (in both places where it occurs);

(b) in paragraph (a) for “6 months” substitute “12 months”.

6 In section 208 (prohibition on imposing imprisonment on people under a certain age)—

(a) for “21” substitute “18”;

(b) in the heading for “21” substitute “18”.

7 In section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period), in subsections (2)(a) and (6), for “21” substitute “18”.

8 Omit sections 210A and 210B.

9 In section 211 (offenders under 18: detention and training orders), in subsection (1)(a), for “21 or over” substitute “18 or over”.

10 In section 212 (term of detention and training order: general), in subsections (1)(b) and (2)(c), for “21” substitute “18”.

11 In section 217 (mandatory life imprisonment), for subsections (2) to (4) substitute—

“(2) The court must sentence the offender to imprisonment for life unless they are liable to be detained under section 218 (offences committed when offender aged under 18).”

12 In section 218A (life sentence for second listed offence)—

(a) omit subsection (1B);

(b) in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

(c) in subsection (3), in the opening words—

(i) for “sections 273(3)(a) and 283(3)(a)” substitute “section 283(3)(a)”;

(ii) for “subsections (1B) and (2)” substitute “subsection (2)”;

(d) in subsection (4), omit “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,”;

(e) in subsection (6), omit “section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or”;

(f) in subsection (7), omit “273(3) or”.

13 In section 219 (life sentence for certain dangerous offenders aged 18 or over)—

(a) omit subsection (1A);

(b) in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

(c) in subsection (3), for “sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))” substitute “section 285(3) of the Sentencing Code (as applied by subsection (2))”;

(d) in subsection (5), omit “section 274 or”.

14 In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—

(a) in subsection (1), in paragraph (d), omit sub-paragraphs (i) and (iii);

(b) in subsection (3), omit “an extended sentence of detention in a young offender institution or”;

(c) omit subsections (4) to (6);

(d) in subsection (7), omit “Where the offender is 21 or over when convicted of the offence under section 42,”.

15 In section 224A (special custodial sentence for certain offenders of particular concern)—

(a) in subsection (1)(d)—

(i) in sub-paragraph (i), omit “or custody”;

(ii) in sub-paragraph (ii), for “detention or imprisonment under section 266 or 279” substitute “imprisonment under section 279”;

(b) omit subsection (2);

(c) in subsection (2A), omit paragraph (b) (and the word “and” preceding it);

(d) in subsection (3), omit “, (2)”.

16 In section 227A (offences of threatening with a weapon in public or on school premises)—

(a) omit subsection (1A);

(b) in subsection (2), omit “Where the offender is aged 21 or over at the time of conviction,”.

17 In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—

(a) in paragraph (b)—

(i) omit “273(3) or”, and

(ii) omit “(1B) or”;

(b) in paragraph (ba)—

(i) omit “274(3) or”, and

(ii) omit “(1A) or”;

(c) in paragraph (c), omit “(1A) or”.

18 In section 239 (reduction in sentences for guilty pleas), in subsection (6), omit “(1A) or” in both places it occurs.

19 In section 260 (discretionary custodial sentences: general restrictions)—

(a) in subsection (1)—

(i) in paragraph (b)—

(a) omit “273(3) or”, and

(b) omit “(1B) or”;

(ii) in paragraph (c)—

(a) omit “274(3) or”, and

(b) omit “(1A) or”;

(iii) in paragraph (h), omit “(1A) or”;

(b) in subsection (4B), in paragraph (a), omit “268(2) or”.

20 In section 261 (length of discretionary custodial sentences: general provision), in subsection (1)—

(a) in paragraph (a)—

(i) omit “273(3) or”, and

(ii) omit “(1B) or”;

(b) in paragraph (b)—

(i) omit “274(3) or”, and

(ii) omit “(1A) or”.

21 In section 262A (conversion of sentence of detention to sentence of imprisonment), in subsection (4) omit the paragraphs (d), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.

22 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 sentence of detention under section 209 or 218 (young offenders’ detention), or”.

23 In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—

(a) in sub-paragraph (i)—

(i) omit “273(3) or”, and

(ii) omit “(1B) or”;

(b) in sub-paragraph (ii)—

(i) omit “274(3) or”, and

(ii) omit “(1A) or”;

(c) in sub-paragraph (vii), omit “(1A) or”.

24 In section 283 (imprisonment: maximum term)—

(a) in subsection (1), for “6 months” substitute “12 months”;

(b) in subsection (2), for “12 months” substitute “65 weeks”;

(c) omit subsection (3).

25 In section 305 (random drug testing), in subsection (5), for “six months” substitute “51 weeks”.