SCHEDULES

SCHEDULE 21Abolition of certain sentences for dangerous offenders and new extended sentences: consequential and transitory provision

Part 1Consequential provision

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

7

The Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

8

In section 3A (committal for sentence of dangerous adult offenders), in subsection (2), for “225(3) or 227(2)” substitute “ 226A ”.

9

In section 3C (committal for sentence of dangerous young offenders), in subsection (2), for “226(3) or 228(2)” substitute “ 226B ”.

10

In section 76 (meaning of “custodial sentence”), in subsection (1)(bc), after “section” insert “ 226B or ”.

11

1

Section 82A (determination of tariffs of life prisoners) is amended as follows.

2

Omit subsection (4A).

3

In subsection (7), for the definition of “life sentence” substitute—

“life sentence” means a sentence mentioned in subsection (2) of section 34 of the Crime (Sentences) Act 1997 other than a sentence mentioned in paragraph (d) or (e) of that subsection.

12

1

Section 99 (conversion of sentence of detention to sentence of imprisonment) is amended as follows.

2

In subsection (3), omit the words from “; and” to the end.

3

After that subsection insert—

3A

Where the Secretary of State gives a direction under subsection (1) above in relation to an offender serving an extended sentence of detention imposed under Chapter 5 of Part 12 of the Criminal Justice Act 2003—

a

if the sentence was imposed under section 226B of that Act, the offender shall be treated as if the offender had been sentenced under section 226A of that Act, and

b

if the sentence was imposed under section 228 of that Act, the offender shall be treated as if the offender had been sentenced under section 227 of that Act.

4

In subsection (5)(c), after “section” insert “ 226B or ”.

13

In section 100 (offenders under 18: detention and training orders), in subsection (1), for “228” substitute “ 226B ”.

14

1

Section 106A (interaction of detention and training orders with sentences of detention) is amended as follows.

2

In subsection (1), in paragraph (b) of the definition of “sentence of detention”, after “section” insert “ 226B or ”.

3

In subsection (6)—

a

before “228” insert “ 226B or ”, and

b

after “Board under” insert “ subsection (5)(b) of section 246A or (as the case may be) ”.

15

1

Section 147A (extension of driving disqualification where custodial sentence also imposed) is amended as follows.

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).