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Legal Aid, Sentencing and Punishment of Offenders Act 2012

Changes over time for: SCHEDULE 21

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Changes to legislation:

Legal Aid, Sentencing and Punishment of Offenders Act 2012, SCHEDULE 21 is up to date with all changes known to be in force on or before 14 November 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. Help about Changes to Legislation

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Section 126

SCHEDULE 21E+WAbolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision

This schedule has no associated Explanatory Notes

Part 1 E+WConsequential provision

Juries Act 1974 (c. 23)E+W

1E+WIn Part 2 of Schedule 1 to the Juries Act 1974 (persons disqualified from jury service) in paragraph 6(d), before “227” insert “ 226A, 226B, ”.

Rehabilitation of Offenders Act 1974 (c. 53)E+W

2E+WIn section 5 of the Rehabilitation of Offenders Act 1974 (sentences excluded from rehabilitation under that Act), in subsection (1)(f), before “227” insert “ 226A, 226B, ”.

Criminal Justice Act 1982 (c. 48)E+W

3E+WIn section 32 of the Criminal Justice Act 1982 (early release of prisoners), in subsection (1)(a), before “227” insert “ 226A or ”.

Road Traffic Offenders Act 1988 (c. 53)E+W

4(1)Section 35A of the Road Traffic Offenders Act 1988 (extension of disqualification where custodial sentence imposed as well as driving disqualification) is amended as follows.E+W

(2)In subsection (4)(e)—

(a)for “227” substitute “ 226A ”,

(b)for “half” substitute “ two-thirds of ”, and

(c)for “227(2C)(a)” substitute “ 226A(5)(a) ”.

(3)In subsection (4)(f)—

(a)for “228” substitute “ 226B ”,

(b)for “half” substitute “ two-thirds of ”, and

(c)for “228(2B)(a)” substitute “ 226B(3)(a) ”.

(4)In subsection (8), omit “or 247(2)”.

(5)In subsection (9), omit paragraph (b).

Crime (Sentences) Act 1997 (c. 43)E+W

5E+WIn Schedule 1 to the Crime (Sentences) Act 1997 (transfer of prisoners within the British Islands), in paragraph 9(2)(a), after “244,” insert “ 246A, ”.

Crime and Disorder Act 1998 (c. 37)E+W

6E+WIn section 51A of the Crime and Disorder Act 1998 (sending cases to the Crown Court: children and young persons), in subsection (3)(d), for “226(3) or 228(2)” substitute “ 226B ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)E+W

F17E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F18E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F19E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F110E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F111E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F112E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F113E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F114E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F115E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Criminal Justice and Court Services Act 2000 (c. 43)E+W

16E+WThe Criminal Justice and Court Services Act 2000 is amended as follows.

17E+WIn section 62 (release on licence etc: conditions as to monitoring), in subsection (5)(f), after “226” insert “ , 226B ”.

18E+WIn section 64 (release on licence: drug testing requirements), in subsection (5)(f), after “226” insert “ , 226B ”.

Sexual Offences Act 2003 (c. 42)E+W

19E+WIn section 131 of the Sexual Offences Act 2003 (young offenders: application), in paragraph (l), before “228” insert “ 226B or ”.

Criminal Justice Act 2003 (c. 44)E+W

20E+WThe Criminal Justice Act 2003 is amended as follows.

F221E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F222E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F223E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F224E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F225E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F226E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F227E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F228E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

29E+WIn section 327 (arrangements for assessing etc risks posed by certain offenders: interpretation), in subsection (3)(b)(vi), after “section” insert “ 226B or ”.

30E+WIn section 330 (orders and rules), in subsection (5)(a), omit—

(a)“227(6),”, and

(b)“228(7)”.

31E+WOmit Schedule 15A (offences specified for the purposes of sections 225(3A) and 227(2A)).

Offender Management Act 2007 (c. 21)E+W

32(1)Section 28 of the Offender Management Act 2007 (application of polygraph conditions for certain offenders released on licence) is amended as follows.E+W

(2)In subsection (3)(a), after “section” insert “ 226A or ”.

(3)In subsection (3)(f), after “226” insert “ , 226B ”.

Counter-Terrorism Act 2008 (c. 28)E+W

33E+WIn section 45(1)(a) of the Counter-Terrorism Act 2008 (sentences or orders triggering notification requirements under Part 4 of that Act), after sub-paragraph (vi) (but before the “or” at the end of that sub-paragraph), insert—

“(via)detention under section 226B of that Act (extended sentence of detention for certain dangerous offenders aged under 18),”.

Coroners and Justice Act 2009 (c. 25)E+W

F334E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

Consequential repealsE+W

35E+WIn consequence of amendments made by section 123, 124 or 125 or this Schedule—

(a)in the Criminal Justice Act 2003, omit paragraph 4 of Schedule 18, and

(b)in the Criminal Justice and Immigration Act 2008 omit—

(i)sections 13, 14, 15, 16 and 18(2);

(ii)Schedule 5;

(iii)in Schedule 26, paragraph 76.

Part 2 E+WTransitory provision

F436E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

37(1)In relation to any time before the repeal of section 30 of the Criminal Justice and Court Services Act 2000 (protection of children: supplemental) by Schedule 10 to the Safeguarding Vulnerable Groups Act 2006, that section has effect with the modification in sub-paragraph (2).E+W

(2)In subsection (1), in paragraph (dd) of the definition of “qualifying sentence”, after “226” insert “ , 226B ”.

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