Sentencing Act 2020

33 (1) Section 213 (application of provisions relating to civilian detention and training orders) is amended as follows. E+W

(2) For subsections (1) to (3) substitute—

“(1) In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—

(a) sections 237 to 248;

(b) Schedule 12.

(2) In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a) sections 237 to 240;

(b) section 246;

(c) sections 253 and 257;

(d) section 270.

(3) In its application to an order under section 211, section 239 of the Sentencing Code has effect as if—

(a) references to an offender's being remanded in custody were references to an offender's being kept in service custody, and

(b) subsection (5) were omitted.

(3A) In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 were references to a sentence of detention under 209 of this Act.

(3B) In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.”

(3) In subsection (4), for “section 104(3) (further period of detention or supervision) of the Sentencing Act” substitute “ paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) ”.

(4) For subsection (5) substitute—

“(5) Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.”

(5) In subsection (6)—

(a) in the definition of “further period of supervision” for “section 104(3)(aa) of the Sentencing Act” substitute “ paragraph 3(2)(b) of Schedule 12 to the Sentencing Code ”;

(b) for the definition of “supervision requirements” substitute—

““supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code”.

(6) Omit subsection (7).

(7) At the end insert—

“(8) In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).”

Commencement Information

I1 Sch. 25 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2