Sentencing Act 2020

38 (1) Section 218A (life sentence for second listed offence) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), for “Part 1 of Schedule 15B to the 2003 Act” substitute “ Part 1 of Schedule 15 to the Sentencing Code ”;

(b) in paragraph (c), for “after this section comes into force” substitute “ on or after the relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.

(1B) Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.”

(4) In subsection (2), for “Section 224A(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) ”.

(5) In subsection (3)—

(a) in the opening words—

(i) for “section 224A(2)(a) of that Act” substitute “ sections 273(3)(a) and 283(3)(a) of that Code ”;

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

(b) in paragraph (a), for “ “the offence”” substitute “ “the index offence” ”;

(c) in paragraph (b), for “subsection (4)” substitute “ subsection (5) ”.

(6) In subsection (4)—

(a) after “more,” insert “ 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, ”;

(b) for “section 226A of the 2003 Act” substitute “ section 266 or 279 of the Sentencing Code ”.

(7) In subsection (5)(a), for “Schedule 15B to the 2003 Act” substitute “ Schedule 15 to the Sentencing Code ”.

(8) After subsection (5) insert—

“(5A) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.”

(9) In subsection (6), for “section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section)” substitute “ section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section) ”.

(10) In subsection (7), for “section 224A(2) of that Act” substitute “ section 273(3) or 283(3) of the Sentencing Code ”.

(11) In subsection (8), for “and (5)(a)” substitute “ , (5)(a) and (5A) ”.

Commencement Information

I1 Sch. 25 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2