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Legal Aid, Sentencing and Punishment of Offenders Act 2012,
Part 1
is up to date with all changes known to be in force on or before 10 September 2024. 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.
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1E+WIn section 37 of the Mental Health Act 1983 (powers of courts to order hospital admission), in subsection (1A), after paragraph (b) insert—
“(ba)under section 224A of the Criminal Justice Act 2003,”.
2E+WIn section 36 of the Criminal Justice Act 1988 (reviews of sentencing), in subsection (2)(b)(iii), after “section” insert “ 224A, ”.
3E+WThe Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.
4E+WIn section 12 (absolute and conditional discharge), in subsection (1), before “225(2)” insert “ 224A, ”.
5E+WIn section 130 (compensation orders against convicted persons), in subsection (2), before “225(2)” insert “ 224A, ”.
6E+WIn section 146 (driving disqualification for any offence), in subsection (2), before “225(2)” insert “ 224A, ”.
7E+WIn section 164 (interpretation), in subsection (3)(c), after “section” insert “ 224A, ”.
8E+WThe Criminal Justice Act 2003 is amended as follows.
9E+WIn section 142 (purposes of sentencing: offenders aged 18 and over), in subsection (2)(c)—
(a)after “weapon)” insert “ , under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders) ”, and
(b)for “(dangerous offenders)” substitute “ (imprisonment or detention for life for certain dangerous offenders) ”.
10E+WIn section 150 (community sentence not available where sentence fixed by law etc), at the end of paragraph (ca) (but before the “or”) insert—
“(cb)falls to be imposed under section 224A of this Act (life sentence for second listed offence for certain dangerous offenders),”.
11E+WIn section 152 (general restrictions on imposing discretionary custodial sentence), in subsection (1)(b), before “225(2)” insert “ 224A, ”.
12E+WIn section 153 (length of discretionary custodial sentences: general provision), in subsection (1), before “225” insert “ 224A, ”.
13E+WIn section 156 (pre-sentence reports and other requirements), after subsection (8) insert—
“(9)References in subsections (1) and (3) to a court forming the opinions mentioned in sections 152(2) and 153(2) include a court forming those opinions for the purposes of section 224A(3).”
14E+WIn section 163 (general power of Crown Court to fine offender convicted on indictment) before “225(2)” insert “ 224A, ”.
15E+WBefore section 224 insert— “ Interpretation ”.
16E+WIn section 224 (meaning of “specified offence” etc), in subsection (2)(b), for “225” substitute “ 224A ”.
17E+WAfter section 224 (and before section 224A) insert— “ Life sentences ”.
18E+WAfter section 226 insert— “ Extended sentences ”.
19E+WBefore section 231 insert— “ Supplementary ”.
20(1)Section 231 (appeals where convictions set aside) is amended as follows.E+W
(2)Before subsection (1) insert—
“(A1)Subsection (2) applies where—
(a)a sentence has been imposed on a person under section 224A,
(b)a previous conviction of that person has been subsequently set aside on appeal, and
(c)without that conviction, the previous offence condition in section 224A(4) would not have been met.”
(3)In subsection (1), for “This section” substitute “ Subsection (2) also ”.
(4)After subsection (2) insert—
“(3)Subsection (4) applies where—
(a)a sentence has been imposed on a person under section 224A,
(b)a previous sentence imposed on that person has been subsequently modified on appeal, and
(c)taking account of that modification, the previous offence condition in section 224A(4) would not have been met.
(4)Notwithstanding anything in section 18 of the Criminal Appeal Act 1968, notice of appeal against the sentence mentioned in subsection (3)(a) may be given at any time within 28 days from the date on which the previous sentence was modified.”
21E+WAfter section 232 insert—
Where—
(a)on any date after the commencement of Schedule 15B a person is convicted in England and Wales of an offence listed in that Schedule, and
(b)the court by or before which the person is so convicted states in open court that the person has been convicted of such an offence on that date, and
(c)that court subsequently certifies that fact,
that certificate is evidence, for the purposes of section 224A, that the person was convicted of such an offence on that date.”
22E+WIn section 305(4) (interpretation of Part 12), after paragraph (ba) insert—
“(bb)a sentence falls to be imposed under section 224A if the court is obliged by that section to pass a sentence of imprisonment for life,”.
23E+WIn section 125(6) of the Coroners and Justice Act 2009 (sentencing guidelines: duty of court) after paragraph (d) insert—
“(da)section 224A of that Act (life sentence for second listed offence for certain dangerous offenders);”.
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