Sentencing Act 2020

Prospective

12 [F1 (1)] In section 218A (life sentence for second listed offence)— E+W

(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,”;

[F2 (da) in subsection (6), for “(12)” in each place substitute “(12A)”;

(db) after that subsection insert—

“(6A) In sections 273 and 283 of that Code as applied for the purpose of this section, subsection (12A) has effect as if—

(a) for “index offence” there were substituted “offence under section 42”;

(b) for “section 397(5)” there were substituted “section 377(8) of the Armed Forces Act 2006”.”

(dc) in subsection (6A) (as to be inserted by paragraph (db)), omit “section 273 and”;]

(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”.

[F3 (2) In sub-paragraph (1)—

(a) in paragraph (da), if it has not already come into force, omit “in each place”;

(b) in paragraph (e), for “(12)” substitute “(12A)”.]

Textual Amendments

F1 Sch. 26 para. 12 renumbered as Sch. 26 para. 12(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), 6(2)(a)

F2 Sch. 26 para. 12(1)(da)-(dc) 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), 6(2)(b)

F3 Sch. 26 para. 12(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), 6(2)(c)