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Sentencing Act 2020

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Changes to legislation:

Sentencing Act 2020, Paragraph 91 is up to date with all changes known to be in force on or before 21 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

91 [F1(1)] In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)—E+W

(a)in paragraph (b) omit “or another member State”;

(b)at the end of paragraph (c) insert “ or ”;

(c)omit paragraph (e) (and the word “or” immediately before it).

[F2(2)After subsection (3) insert—

(3A)If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

(a)a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

(b)a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction..]

Textual Amendments

F1 Sch. 22 para. 91 renumbered as Sch. 22 para. 91(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(a)

F2Sch. 22 para. 91(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(b)

Commencement Information

I1Sch. 22 para. 91 in force at 31.12.2020, see s. 417(9)

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