Sentencing Act 2020

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1 The substitution of the Sentencing Code for the provisions repealed by this Act does not affect the continuity of the law.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(a) is made, issued or given, or has effect as if made, issued or given, under a provision repealed by this Act, and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permits) as including, as respects times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision.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References to provisions repealed by this Act

4 A reference (express or implied) to a provision repealed by this Act, if contained in—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.