SCHEDULES

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

Part 1 E+WConsequential provision

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

7E+WThe Powers of Criminal Courts (Sentencing) Act 2000 is amended as follows.

8E+WIn section 3A (committal for sentence of dangerous adult offenders), in subsection (2), for “225(3) or 227(2)” substitute “ 226A ”.

9E+WIn section 3C (committal for sentence of dangerous young offenders), in subsection (2), for “226(3) or 228(2)” substitute “ 226B ”.

10E+WIn 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.E+W

(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.E+W

(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 ”.

13E+WIn 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.E+W

(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.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).