Sentencing Act 2020

FIRST GROUP OF PARTSIntroductory provisions and overview

PART 1Introductory provisions and overview

2Application of Code

SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 2Powers exercisable before passing sentence

CHAPTER 1Deferment of sentence

3Deferment order

4Availability of deferment order

5Making a deferment order

6Effect of deferment order

7Restorative justice requirements

8Deferment order: supervisor

9Failure to comply with deferment requirement

10Conviction of offence during period of deferment

11Powers of court dealing with offender following deferment order

12Saving for power to bind over and other powers to defer sentence

13Deferment orders: interpretation

CHAPTER 2Committal to the Crown Court for sentence

Committal following summary trial: adults and corporations

14Committal for sentence on summary trial of offence triable either way: adults and corporations

15Committal for sentence of dangerous adult offenders

Committal following summary trial: persons under 18

16Committal for sentence of young offenders on summary trial of certain serious offences

16ACommittal for sentence of young offenders on summary trial of certain terrorist offences

17Committal for sentence of dangerous young offenders

Committal for sentence following indication of guilty plea

18Committal for sentence on indication of guilty plea to offence triable either way: adult offenders

19Committal for sentence on indication of guilty plea by child with related offences

Committal for sentence where offender committed in respect of another offence

20Committal in certain cases where offender committed in respect of another offence

Power of Crown Court on committal for sentence

21Power of Crown Court on committal for sentence of offender under section 14, 15 or 18

22Power of Crown Court on committal for sentence of person under 18 under section 16, 16A, 17 or 19

23Power of Crown Court on committal for sentence under section 20

Further powers to commit to Crown Court for sentence

24Further powers to commit offender to the Crown Court to be dealt with

CHAPTER 3Remission to youth court or other magistrates' court for sentence

25Power and duty to remit offenders aged under 18 to youth courts for sentence

25APower to remit adult offenders to magistrates’ courts for sentence

26Remission by Crown Court to youth court or other magistrates’ court: custody or bail, and appeals

27Power of youth court to remit offender who attains age of 18 to magistrates' court other than youth court for sentence

28Power of magistrates' court to remit case to another magistrates' court for sentence

29Remission by magistrates' court: adjournment, remand and appeal

PART 3Procedure

CHAPTER 1Information and reports

Pre-sentence reports

30Pre-sentence report requirements

31Meaning of “pre-sentence report” etc

32Disclosure of pre-sentence reports

33Appeals: requirements relating to pre-sentence reports

Other reports of providers of probation services etc

34Disclosure of other reports

Financial circumstances orders

35Powers to order statement as to offender's financial circumstances

36Financial circumstances order: offences

Other powers to obtain reports etc

37Reports and information: other powers of court

CHAPTER 2Derogatory assertion orders

38Derogatory assertion order and restriction on reporting of assertions

39Order in respect of certain assertions

40Reporting of assertions: offences

41Reporting of assertions: supplementary

CHAPTER 3Surcharge

42Court's duty to order payment of surcharge

43Amount of surcharge

CHAPTER 4Criminal courts charge

44Criminal courts charge duty where court dealing with offender for offence

45Other occasions where criminal courts charge duty arises

46Criminal courts charge duty

47Court to disregard criminal courts charge duty in dealing with offender

48Amount of criminal courts charge

49Interest on criminal courts charge

50Power of magistrates' court to remit criminal courts charge

51Regulations under Chapter

CHAPTER 5Duties to explain or give reasons

52Duty to give reasons for and to explain effect of sentence

53Offender aged under 16: duties to give reasons where order not made in respect of parent or guardian

54Duty to give reasons where reparation order not made

55Duty to give reasons where compensation order not made

56Other duties of court to give reasons where certain orders not made

PART 4Exercise of court's discretion

CHAPTER 1Purposes of sentencing

57Purposes of sentencing: adults

58Offenders aged under 18: considerations of court not affected by Code

CHAPTER 2Sentencing guidelines

59Sentencing guidelines: general duty of court

60Sentencing guidelines: determination of sentence

61Sentencing guidelines: extended sentences , serious terrorism sentences and life sentences

62Sentencing guidelines duties: interpretation

CHAPTER 3Seriousness and determining sentence

63Assessing seriousness

Aggravating factors

64Offence committed on bail

65Previous convictions

67Assaults on emergency workers

68Emergency workers for the purposes of section 67

68AAssaults on those providing a public service etc

69Terrorist connection

70Using minor to mind weapon

71Supply of controlled drug near school premises or involving child

72Supply of psychoactive substance in certain circumstances

Mitigating factors

73Reduction in sentence for guilty plea

74Reduction in sentence for assistance to prosecution

75Specified prosecutors

Effect of Code on other powers of court in assessing seriousness

76Effect of Chapter on other powers of court to consider seriousness

77Basis of opinion provisions not to affect power to mitigate sentences

78Basis of opinion provisions: offenders suffering from a mental disorder

THIRD GROUP OF PARTSDisposals

PART 5Absolute and conditional discharge

79Order for absolute discharge

80Order for conditional discharge

81Commission of further offence by person conditionally discharged

82Effect of discharge

PART 6Orders relating to conduct

CHAPTER 1Referral orders for offenders aged under 18

Making referral orders

83Referral order

84Referral order: availability

85Duty and power to make referral order

86Making of referral order: general

87Referral order consecutive to earlier referral order

88Making of referral order: connected offences

89Making of referral order: effect on court's other sentencing powers

90Order requiring parents etc to attend meetings

Youth offender panels

91Establishment of youth offender panels

92Attendance at panel meetings: offender and parent or guardian

93Failure of parent or guardian to comply with order under section 90

94Attendance at panel meetings: other persons

Youth offender contracts

95Duty of youth offending team to arrange initial meetings of panel

96Agreement of youth offender contract with offender

97Duration of compliance period

98Failure to agree youth offender contract

99Arranging progress meetings

100Progress meetings: conduct

101Final meeting

Other powers to refer offender back to court

102Revocation of referral order where offender making good progress etc

103Extension of compliance period

Further court proceedings

104Offender referred back to court or convicted while subject to referral order

105Youth offender panel: change of residence

106Functions of the specified youth offending team

107Rules of court

108Referral orders: interpretation

CHAPTER 2Reparation orders for offenders aged under 18

109Reparation order

110Reparation order: availability

111Requirement to consider report before making a reparation order

112Requirements to make reparation to be specified in order

113Other provision to be specified in a reparation order

114Making reparation

115Breach, revocation or amendment of reparation order

116Reparation orders: interpretation

CHAPTER 3Other orders

117Orders under Street Offences Act 1959

PART 7Financial orders and orders relating to property

118Availability of fine: magistrates' court

119Power of magistrates' court to fine where only imprisonment etc specified

120General power of Crown Court to fine offender convicted on indictment

121Availability of fine: effect of other orders

Magistrates' court

122The standard scale of fines for summary offences

123Limit on fines imposed by magistrates' courts in respect of young offenders

Exercise of powers

124Fixing of fine: duty of court to inquire into individual offender's circumstances

125Exercise of court's powers to impose fine and fix amount

126Power to determine financial circumstances where offender is absent or fails to provide information

127Remission of fines following determination under section 126

128Fine imposed on offender aged under 18: payment by parent or guardian

129Fine imposed on offender by Crown Court: duty to make term in default order

130Fine imposed by Crown Court: power to allow time for payment or payment by instalments

131Fine imposed by Crown Court: power to search offender

132Enforcement of fines imposed on offenders by Crown Court

CHAPTER 2Compensation orders

Compensation orders

133Compensation order

Making a compensation order

134Compensation order: availability

135Making a compensation order

Particular cases

136Road accidents

137Damage to property and clean-up costs resulting from certain offences

138Funeral expenses and bereavement: cases other than road accidents

Compensation orders made in respect of young offenders

139Limit on compensation payable under compensation order of magistrates' court in case of young offender

140Compensation order: order for payment by parent or guardian

Compensation orders: supplementary

141Compensation orders: suspension of entitlement and appeals etc

142Limit on compensation payable under compensation order of magistrates' court: offences committed before 11 December 2013

143Review of compensation orders

144Effect of compensation order on subsequent award of damages in civil proceedings

145Compensation orders: interpretation

Compensation etc under other Acts

146Compensation etc under other Acts

CHAPTER 3Restitution and restoration

147Restitution order where goods stolen or obtained by blackmail or fraud

148Restitution order: availability

149Making a restitution order

150Restitution orders: supplementary provision about appeals

151Restitution orders: interpretation and application

CHAPTER 4Forfeiture, deprivation of property etc

152Deprivation order

153Deprivation order: availability

154Vehicle to be treated as used for purpose of certain offences

155Exercise of power to make deprivation order

156Deprivation order: property to be taken into possession of police or Secretary of State

157Property to which a deprivation order applies: orders by magistrates' court

158Regulations about unclaimed property to which deprivation order applies

159Application of proceeds of property subject to deprivation order

160Orders for forfeiture etc under other Acts

161Confiscation orders under other Acts

PART 8Disqualification

CHAPTER 1Driving disqualification

162Driving disqualification order

163Driving disqualification: availability for any offence

164Driving disqualification order: availability where vehicle used for purposes of crime

165Disqualification period

166Extension of disqualification where custodial sentence also imposed

167Effect of custodial sentence in other cases

168Requirement to produce licences where driving disqualification order made

169Driving disqualification orders: interpretation

170Road Traffic Offenders Act 1988: further provision about driving disqualification etc

CHAPTER 2Disqualification etc under other Acts

171Offences relating to animals

172Company directors

PART 9Community sentences

CHAPTER 1Youth rehabilitation orders

What a youth rehabilitation order is

173Youth rehabilitation order

174Youth rehabilitation requirements table

175Youth rehabilitation order with intensive supervision and surveillance

176Youth rehabilitation order with fostering

177Youth rehabilitation order: availability

178Youth rehabilitation order with intensive supervision and surveillance or fostering: availability

Exercise of power to make youth rehabilitation order

179Exercise of power to make youth rehabilitation order: general considerations

180Making youth rehabilitation order with intensive supervision and surveillance or fostering

181Making youth rehabilitation order where offender subject to other order

182Youth rehabilitation order: effect of remand in custody

183Concurrent and consecutive orders

Available requirements

184Youth rehabilitation order: available requirements

185Youth rehabilitation order: availability of particular requirements

Exercise of power to impose particular requirements

186Youth rehabilitation order: exercise of power to impose particular requirements

Making a youth rehabilitation order: contents

187Youth rehabilitation order to specify end date

188Youth rehabilitation order to specify offender's home local justice area

189Power for Crown Court to direct magistrates' court supervision

190Provision of copies of youth rehabilitation order and related documents

Obligations of responsible officer and offender

191The responsible officer

192Obligations of responsible officer

193Duty of offender to keep in touch with responsible officer etc

194Power to provide for court review of youth rehabilitation orders

Breach, revocation or amendment of order

195Breach, revocation or amendment of youth rehabilitation order

Transferring order to Northern Ireland

196Transfer of youth rehabilitation orders to Northern Ireland

Youth rehabilitation orders: supplementary

197Youth rehabilitation orders: interpretation

198When a youth rehabilitation order is in force

198AElectronic monitoring requirement previously imposed

199Youth rehabilitation orders: Isles of Scilly

CHAPTER 2Community orders

What a community order is

200Community order

201Community order requirements table

202Community order: availability

203Restriction on making both community order and suspended sentence order

Exercise of power to make community order

204Exercise of power to impose community order: general considerations

205Community order: effect of remand in custody

Available requirements

206Community order: available requirements

207Community order: availability of particular requirements

Exercise of power to impose requirements

208Community order: exercise of power to impose particular requirements

Making a community order

209Community order to specify end date etc

210Community order to specify offender's home local justice area

211Power for Crown Court to direct magistrates' court supervision

212Provision of copies of community order and related documents

Obligations of responsible officer and offender

213The responsible officer

214Obligations of responsible officer

215Duty of offender to keep in touch with responsible officer

216Duty of offender to obtain permission before changing residence

217Power to provide for court review of community orders

217AReview of community order qualifying for special procedures

217BPowers on review

217CAlteration of review arrangements

Breach, revocation or amendment of community order

218Breach, revocation or amendment of community order

Transferring order to Scotland or Northern Ireland

219Transfer of community orders to Scotland or Northern Ireland

Community orders: supplementary

220When a community order ceases to be in force

PART 10Custodial sentences

CHAPTER 1Custody: general provisions

221Overview of Part

222Meaning of “custodial sentence”

General limits on powers to impose custodial sentences

223Two year limit on imprisonment for statutory offence if no maximum specified

224General limit on magistrates' court's power to impose imprisonment or detention in a young offender institution

225Restriction on consecutive sentences for released prisoners

226Custodial sentence: restrictions in certain cases where offender not legally represented

227Restriction on imposing imprisonment on persons under 21

228Other restrictions on custodial sentence

Power of magistrates' court to imprison for less than specified term

229Power of magistrates' court to imprison for less than specified term

Exercise of powers to impose discretionary custodial sentences

230Threshold for imposing discretionary custodial sentence

231Length of discretionary custodial sentences: general provision

232Additional requirements in case of offender suffering from mental disorder

CHAPTER 2Offenders aged under 18

Detention and training orders

233Detention and training order

234Detention and training order: availability

235Exercise of power to make a detention and training order

236Term of detention and training order

237Making of order where offender subject to other order or sentence of detention

238Offender subject to more than one order: maximum overall term

239Period on remand etc: effect on term of detention and training order

240Period of custody awaiting extradition: effect on term of detention and training order

241The period of detention and training

242The period of supervision

243Breach of supervision requirement and further offences during order

244Offender subject concurrently to detention and training order and sentence of detention in a young offender institution

245Offender subject concurrently to detention and training order and other sentence of detention

246Effect of detention and training order made where offender has reached 18

247Further supervision after end of term of detention and training order

248Detention and training orders: interpretation

Detention for specified period

249Sentence of detention under section 250: availability

250Sentence of detention: offender convicted of certain serious offences

251Exercise of power to impose sentence of detention under section 250

252Maximum sentence

Special custodial sentence for terrorist offenders

252ARequired special sentence of detention for terrorist offenders of particular concern

Sentences of detention passed during detention and training order

253Sentence of detention passed on offender subject to detention and training order

Extended sentences

254Extended sentence for certain violent, sexual or terrorism offences

255Extended sentence of detention: availability

256Term of extended sentence of detention under section 254

257Extended sentence under section 254 where offender subject to detention and training order

Detention for life etc

258Required sentence of detention for life for offence carrying life sentence

258ARequired sentence of detention for life for manslaughter of emergency worker

259Offenders who commit murder etc when under 18: duty to detain at Her Majesty's pleasure

Detention under this Chapter

260Detention under section 250 , 252A or 259

261Detention in pursuance of extended sentence

CHAPTER 3Adults aged under 21

Detention in a young offender institution

262Detention in a young offender institution for offender at least 18 but under 21

263Term of detention in a young offender institution

Suspended sentence of detention in a young offender institution

264Suspended sentence order for offender under 21: availability

Special custodial sentence for certain offenders of particular concern

265Required special sentence for certain offenders of particular concern

Extended sentence of detention in a young offender institution

266Extended sentence of detention in a young offender institution for certain violent, sexual or terrorism offences

267Extended sentence of detention in a young offender institution: availability

268Term of extended sentence of detention in a young offender institution

Serious terrorism sentence

268ASerious terrorism sentence of detention in a young offender institution

268BSerious terrorism sentence of detention in a young offender institution: circumstances in which required

268CTerm of serious terrorism sentence of detention in a young offender institution

Detention in a young offender institution: consecutive sentences etc

269Detention in a young offender institution: consecutive sentences

270Sentence of detention in a young offender institution where offender subject to detention and training order

Detention in a young offender institution: further provision

271Detention in a young offender institution: place of detention

Custody for life

272Offences other than murder

273Custody for life for second listed offence

274Required sentence of custody for life for offence carrying life sentence

274ARequired sentence of custody for life for manslaughter of emergency worker

275Duty to impose custody for life for offence of murder

276Custody for life: place of detention

CHAPTER 4Adults aged 21 and over

Suspended sentence of imprisonment

277Suspended sentence order for person aged 21 or over: availability

Special custodial sentence for certain offenders of particular concern

278Required special custodial sentence for certain offenders of particular concern

Extended sentences

279Extended sentence of imprisonment for certain violent, sexual or terrorism offences: persons 21 or over

280Extended sentence of imprisonment: availability

281Term of extended sentence of imprisonment

282Extended sentences for offences committed before 4 April 2005

Serious terrorism sentence

282ASerious terrorism sentence of imprisonment: persons 21 or over

282BSerious terrorism sentence of imprisonment: circumstances in which required

282CTerm of serious terrorism sentence of imprisonment

283Life sentence for second listed offence

284Required life sentence where second offence committed before 4 April 2005

285Required life sentence for offence carrying life sentence

285ARequired life sentence for manslaughter of emergency worker

CHAPTER 5Suspended sentences

What a suspended sentence order is

286Suspended sentence order

287Suspended sentence order: community requirements table

288Operational period and supervision period

289Suspended sentence to be treated generally as sentence of imprisonment etc

Available community requirements

290Suspended sentence order: available community requirements

291Suspended sentence order: availability of particular requirements

Exercise of power to impose community requirements

292Suspended sentence order: exercise of power to impose requirements

Provision for review of suspended sentence order with community requirements

293Power to provide for review of suspended sentence order

293AReview of suspended sentence order qualifying for special procedures

294Review hearings: power to amend community requirements etc

295Suspended sentence order: alteration of periodic review arrangements

Making a suspended sentence order with community requirements

296Order to specify offender's home local justice area

297Power to direct magistrates' court supervision of order

298Provision of copies of order and related documents

Suspended sentence order with community requirement: obligations of responsible officer and offender

299Responsible officer

300Obligations of responsible officer

301Duty of offender to keep in touch with responsible officer

302Duty to obtain permission before changing residence

Activation of sentence and amendment of order etc

303Breach or amendment of suspended sentence order, and effect of further conviction

Transferring order with community requirements to Scotland or Northern Ireland

304Transfer to Scotland or Northern Ireland of suspended sentence orders which impose community requirements

305Suspended sentences: interpretation

CHAPTER 6Dangerous offenders

306Extended sentences: meaning of “specified offence” etc

307Life sentences: meaning of “Schedule 19 offence”

The assessment of dangerousness

308The assessment of dangerousness

309Appeals where previous convictions set aside or previous sentences modified

310Certificates of conviction

CHAPTER 7Minimum sentences for particular offences

Minimum sentence for single offence

311Minimum sentence for certain offences involving firearms that are prohibited weapons

312Minimum sentence for offences of threatening with weapon or bladed article

Minimum sentence for repeat offences

313Minimum sentence of 7 years for third class A drug trafficking offence

314Minimum sentence of 3 years for third domestic burglary

315Minimum sentence for repeat offence involving weapon or bladed article or corrosive substance

316Appeals where previous convictions set aside

317Certificates of conviction for purposes of sections 313 and 314

318Offences under service law

Minimum sentences: supplementary

319Mandatory sentence requirement not to affect power to impose fine

320Determination of day when offence committed

CHAPTER 8Effect of life sentences

321Life sentence: minimum term order or whole life order

322Mandatory life sentences: further provision

323Minimum term order: other life sentences

324Life sentences: interpretation

CHAPTER 9Sentence administration

Declaration about time to count as served

325Time on bail under certain conditions: declaration by court

326Section 325: interpretation

327Period in custody awaiting extradition: declaration by court

Recommendations

328Power of court to recommend licence conditions for adults sentenced to term of 12 months or more

Conversion of sentence of detention or custody to sentence of imprisonment

329Conversion of sentence of detention to sentence of imprisonment

FOURTH GROUP OF PARTSFurther powers relating to sentencing

PART 11Behaviour orders

CHAPTER 1Criminal behaviour orders

330Criminal behaviour order

331Power to make criminal behaviour order

332Proceedings on an application for an order

333Requirements included in orders

334Duration of order etc

335Interim order

336Variation or discharge of order

337Review of orders: offenders aged under 18

338Carrying out and participating in reviews

339Breach of order

340Special measures for witnesses

342Offender aged under 18: parenting order where criminal behaviour order made

CHAPTER 1ASerious violence reduction orders

342APower to make serious violence reduction order

342BMeaning of “serious violence reduction order”

342CSerious violence reduction orders: additional requirements etc

342DDuration of serious violence reduction orders

342ESerious violence reduction orders: powers of constables

342FRetention and disposal of things seized under section 342E

342GOffences relating to a serious violence reduction order

342HVariation, renewal or discharge of serious violence reduction order

342IAppeal against serious violence reduction order etc

342KGuidance: Parliamentary procedure

342LSerious violence reduction orders: interpretation

CHAPTER 2Sexual harm prevention orders

343Sexual harm prevention order

344Meaning of “sexual harm”

345Sexual harm prevention order: availability on conviction

346Exercise of power to make sexual harm prevention order

347Sexual harm prevention orders: matters to be specified

348Sexual harm prevention orders: prohibitions on foreign travel

349Making of sexual harm prevention order: effect on other orders

350Sexual harm prevention orders: variations, renewals and discharges

351Variation of sexual harm prevention order by court in Northern Ireland

352Sexual harm prevention orders: notification requirements

353Sexual harm prevention orders: appeals

354Offence: breach of sexual harm prevention order

355Parenting order where sexual harm prevention order made in case of offender aged under 18

356Sexual harm prevention orders: supplementary

357Disapplication of time limit for complaints

358Sexual harm prevention orders: interpretation

CHAPTER 3Protection from harassment

359Restraining order

360Restraining order: availability

361Procedure for varying or discharging restraining order

362Evidence in proceedings relating to restraining orders

363Offence of breaching restraining order

364Restraining orders: meaning of “conduct” and “harassment”

CHAPTER 4Parenting orders

What a parenting order is

365Parenting order

Parenting order for parent or guardian of offender aged under 18

366Parenting order where offender is under 18

367Report where court proposes both parenting order and referral order

368Parenting order where parent or guardian of offender fails to attend meetings of youth offender panel

Parenting order in case of certain offences related to school attendance

369Parenting order in respect of certain offences under Education Act 1996

Provisions applying generally to parenting orders under Code

370Parenting order: availability

371Parenting order: references where local authority has parental responsibility

372Making a parenting order

373Directions by the responsible officer

374Discharge and variation of parenting order

375Offence of failure to comply with a requirement of a parenting order

CHAPTER 5Binding over

376Binding over of parent or guardian

377Binding over of parent or guardian: appeals, variations and revocations

378Other powers of the court to bind over to keep the peace

CHAPTER 6Other orders

379Other behaviour orders etc

FIFTH GROUP OF PARTSSentencing: miscellaneous provision and interpretation

PART 12Miscellaneous provision about sentencing

CHAPTER 1Costs, fines and other financial orders where offender aged under 18

Offender aged under 18: order for payment by parent or guardian

380Order for parent or guardian to pay fine, costs, compensation or surcharge

381Costs awarded against offender under 18: payment by parent or guardian

382Power to determine financial circumstances of offender's parent or guardian

Orders other than fines: powers of Crown Court to order time for payment etc

383Power of Crown Court to allow time for payment, or payment by instalments, of costs and compensation

CHAPTER 2Commencement and alteration of sentence

384Commencement of sentence

385Alteration of Crown Court sentence

CHAPTER 3Deportation

386Deportation recommendations

CHAPTER 4Assistance for prosecution etc: review of sentence

Reference back to court for review of sentence

387Failure by offender to provide agreed assistance: review of sentence

388Review of sentence following subsequent agreement for assistance by offender

References under this Chapter: further provision

389References under sections 387 and 388: appeals

390Proceedings under section 387 or 388: exclusion of public

391Proceedings under section 387 or 388: use of live link

392Interpretation of Chapter

CHAPTER 5Recognizances

393Power of magistrates' court to dispense with recognizance

CHAPTER 6Orders imposing community requirements

394Rules relating to community orders and suspended sentence orders etc

395Data from electronic monitoring: code of practice

395ACommunity and suspended sentence orders qualifying for special procedures

CHAPTER 7Warrants

396Execution of process between England and Wales and Scotland

PART 13Interpretation

397Interpretation: general

398Ancillary and inchoate offences

399Mandatory sentences

400Meaning of “associated offence”

401Meaning of “sentence”

402Powers to re-sentence

403References to “local authority”

404References to parent or guardian of offender where local authority has parental responsibility

405Age of the offender

406Offender reaching 18 during proceedings

SIXTH GROUP OF PARTSSupplementary

PART 14Supplementary provision

407Regulations and rules

408Amendments of the Sentencing Code etc

409Powers to amend the Sentencing Code

410Consequential amendments

411Armed forces

412Transitional provisions and savings

413Repeals and revocations

415Channel Islands, Isle of Man and British overseas territories

416Commencement

417Commencement of Schedule 22

418Commencement of Schedule 26

419Power to state effect of commencement provisions

SCHEDULE A1Offences where terrorist connection not required to be considered

Terrorism Act 2000

1An offence under any of the following provisions of the...

Anti-terrorism, Crime and Security Act 2001

2An offence under section 113 of the Anti-terrorism, Crime and...

Terrorism Act 2006

3An offence under any of the following provisions of the...

Counter-Terrorism Act 2008

4An offence under section 54 of the Counter-Terrorism Act 2008...

Terrorism Prevention and Investigation Measures 2011

5An offence under section 23 of the Terrorism Prevention and...

Counter-Terrorism and Security Act 2015

6An offence under section 10 of the Counter-Terrorism and Security...

Inchoate offences

7An inchoate offence (see section 398) in relation to an...

SCHEDULE 1Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021 where terrorist connection to be considered

Common law offences

Statutory offences

4An offence under any of the following provisions of the...

5An offence under any of the following provisions of the...

6An offence under section 1 of the Biological Weapons Act...

7An offence under section 1 of the Taking of Hostages...

8An offence under any of the following provisions of the...

9An offence under any of the following provisions of the...

10An offence under any of the following provisions of the...

11An offence under Part 2 of the Channel Tunnel (Security)...

12An offence under either of the following provisions of the...

13An offence under either of the following provisions of the...

Ancillary offences

14An inchoate offence in relation to an offence specified in...

SCHEDULE 2Order for conditional discharge: commission of further offence

Application of Schedule

1This Schedule applies where an order for conditional discharge has...

Orders made on appeal

2If the order for conditional discharge was made on appeal,...

Issue of summons or warrant by justice of the peace

3(1) This paragraph applies where— (a) the order for conditional...

Issue of summons or warrant by Crown Court

4(1) This paragraph applies where— (a) the order for conditional...

Power of magistrates' court convicting offender of further offence

5(1) This paragraph applies where the offender is convicted by...

Conviction of further offence by another court: power of magistrates' court which made order

6(1) This paragraph applies where— (a) the order for conditional...

Powers of Crown Court with respect to original offence following subsequent conviction

7(1) Sub-paragraph (2) applies where— (a) the offender—

SCHEDULE 3Youth offender contract: programme of behaviour

1This Schedule applies to a programme of behaviour agreed between...

2The programme may, in particular, include requiring the offender to—...

3The programme may include provision for the offender's compliance with...

4Activities that may be specified by virtue of paragraph 2(f)...

5The programme may not provide for— (a) electronic monitoring of...

6No term which provides for anything to be done to...

7In this Schedule “victim” means any person who appears to...

SCHEDULE 4Referral order: further court proceedings

PART 1Referral back to court for further proceedings

1This Part of this Schedule applies where a youth offender...

Mode of referral back to court

2To make the referral, the panel must send a report...

Bringing the offender before the court

3(1) Where the appropriate court receives a report under paragraph...

Detention and remand of arrested offender

4(1) This paragraph applies where an offender—

5(1) This paragraph applies where the court before which the...

Powers of court on referral back

6Paragraphs 7 to 10 apply where the offender was referred...

Power of court where it upholds panel's decision

7(1) Sub-paragraph (2) applies where the appropriate court is satisfied,...

8An offender re-sentenced under paragraph 7(4) for an offence may...

Power of court to impose fine or extend period for which contract has effect

9(1) This paragraph applies where— (a) the reference back to...

Consequences of court not revoking referral order or orders

10(1) This paragraph applies where, having considered the matters in...

Exception where court satisfied as to completion of contract

11(1) This paragraph applies where— (a) the reference back to...

Referral back for extension of compliance period

12(1) This paragraph applies where— (a) the reference back to...

Power to adjourn hearing and remand offender

13(1) This paragraph applies where a youth court or other...

PART 2Further convictions during referral

14This Part of this Schedule applies where—

Power of magistrates' court to deal with further offence by extending compliance period

15(1) This paragraph applies if the court dealing with the...

16(1) This paragraph applies where a court makes an order...

Further convictions: power of any court to revoke referral orders

17(1) This paragraph applies where, in dealing with the offender...

SCHEDULE 5Breach, revocation and amendment of reparation order

PART 1Breach of reparation order

Application to court

1(1) This Part of this Schedule applies where—

Powers of appropriate court

2(1) This paragraph applies if it is proved to the...

Powers of Crown Court

3(1) This paragraph applies where— (a) by virtue of paragraph...

Orders made on appeal

4A reparation order made on appeal is to be taken,...

PART 2Revocation and amendment of reparation order

5(1) This paragraph applies where— (a) a reparation order is...

PART 3Supplementary

Issue of summons or warrant

6(1) This paragraph applies where an application is made under...

7(1) This paragraph applies where an offender—

8(1) Where the court before which the offender is brought...

Power to adjourn hearing and remand offender

9(1) This paragraph applies to any hearing relating to an...

10The offender may appeal to the Crown Court against—

SCHEDULE 6Youth rehabilitation orders: requirements

PART 1Activity requirement

Activity requirement: types of requirement

1(1) In this Code “activity requirement”, in relation to a...

Extended activity requirement

2(1) An extended activity requirement is an activity requirement for...

Activity requirement: specified place obligation

3(1) For each specified place obligation that it imposes, a...

Activity requirement: specified activities obligation

4(1) For each specified activities obligation that it imposes, a...

Activity requirement: specified residential exercise obligation

5(1) For each specified residential exercise obligation that it imposes,...

Activity requirement: obligation to engage in activities as instructed by responsible officer

6(1) A youth rehabilitation order that imposes an obligation under...

Activity requirement: general provisions

7Instructions given by, or under the authority of, a person...

Restrictions on imposing an activity requirement

8A court may not include an activity requirement in a...

PART 2Supervision requirement

Supervision requirement

9In this Code “supervision requirement”, in relation to a youth...

PART 3Unpaid work requirement

10(1) In this Code “unpaid work requirement”, in relation to...

Restriction on imposing an unpaid work requirement

11(1) A court may not impose an unpaid work requirement...

PART 4Programme requirement

Programme requirement

12(1) In this Code “programme requirement”, in relation to a...

Restrictions on imposing a programme requirement

13(1) A court may not include a programme requirement in...

PART 5Attendance centre requirement

Attendance centre requirement

14(1) In this Code “attendance centre requirement”, in relation to...

Restriction on imposing attendance centre requirement

15A court may not include an attendance centre requirement in...

PART 6Prohibited activity requirement

16(1) In this Code “prohibited activity requirement”, in relation to...

Restriction on imposing prohibited activity requirement

17A court may not include a prohibited activity requirement in...

PART 7Curfew requirement

Curfew requirement

18(1) In this Code “curfew requirement”, in relation to a...

Requirements where court imposes curfew requirement

19(1) Before making a youth rehabilitation order imposing a curfew...

PART 8Exclusion requirement

20(1) In this Code “exclusion requirement”, in relation to a...

Requirement for electronic monitoring where court imposes exclusion requirement

21Where the court makes a youth rehabilitation order which imposes...

PART 9Residence requirement

22(1) In this Code “residence requirement”, in relation to a...

Imposing a residence requirement: restrictions and requirements

23(1) A youth rehabilitation order which imposes a residence requirement...

PART 10Local authority residence requirement

24(1) In this Code “local authority residence requirement”, in relation...

Restrictions on imposing local authority residence requirement

25A court may not include a local authority residence requirement...

PART 11Fostering requirement

26(1) In this Code “fostering requirement”, in relation to a...

Restrictions on imposing fostering requirement

27A court may not make a youth rehabilitation order which...

PART 12Mental health treatment requirement

Mental health treatment requirement

28(1) In this Code “mental health treatment requirement”, in relation...

Restrictions on imposing mental health treatment requirement

29(1) A court may not include a mental health treatment...

Alternative arrangements for mental health treatment

30(1) Where— (a) an offender is being treated in pursuance...

PART 13Drug treatment requirement

31(1) In this Code “drug treatment requirement”, in relation to...

Restrictions on imposing drug treatment requirement

32(1) A court may not include a drug treatment requirement...

Meaning of “drug”

33In this Part of this Schedule, “drug” means a controlled...

PART 14Drug testing requirement

34(1) In this Code “drug testing requirement”, in relation to...

Restrictions on imposing drug testing requirement

35(1) A youth rehabilitation order may impose a drug testing...

PART 15Intoxicating substance treatment requirement

36(1) In this Code “intoxicating substance treatment requirement”, in relation...

Restrictions on imposing intoxicating substance treatment requirement

37(1) A court may not include an intoxicating substance treatment...

Meaning of “intoxicating substance”

38In this Part of this Schedule “intoxicating substance” means—

PART 16Education requirement

39(1) In this Code “education requirement”, in relation to a...

Restriction on imposing education requirement

40A court may not include an education requirement in a...

PART 17Electronic monitoring requirement

Electronic compliance monitoring requirement

41In this Code “electronic monitoring requirement electronic compliance monitoring requirement”,...

Person responsible for electronic monitoring : electronic compliance monitoring requirement

42(1) A youth rehabilitation order which imposes an electronic monitoring...

Monitoring period : electronic compliance monitoring requirement

43(1) A youth rehabilitation order which imposes an electronic monitoring...

Electronic monitoring Electronic compliance monitoring requirement : general

43AWhere a youth rehabilitation order made on or after the...

Restrictions on imposing electronic compliance monitoring requirement

44(1) Where— (a) it is proposed to include an electronic...

Electronic whereabouts monitoring requirement

45In this Code “electronic whereabouts monitoring requirement”, in relation to...

Person responsible for electronic monitoring: electronic whereabouts monitoring order

46(1) A youth rehabilitation order which imposes an electronic whereabouts...

Electronic whereabouts monitoring requirement: general

47Where a youth rehabilitation order imposes an electronic whereabouts monitoring...

Restrictions on imposing electronic whereabouts monitoring requirement

48(1) Where— (a) it is proposed to include an electronic...

SCHEDULE 7Breach, revocation or amendment of youth rehabilitation order

PART 1Preliminary

1(1) In this Schedule, a reference (however expressed) to an...

Youth rehabilitation order subject to magistrates' court supervision

2For the purposes of this Schedule— (a) “Crown Court youth...

Orders made on appeal

3Where a youth rehabilitation order has been made on appeal,...

PART 2Breach of requirement of order

Duty to give warning or lay information relating to breach of order

4(1) This paragraph applies where the responsible officer is of...

Issue of summons or warrant by justice of the peace

5(1) This paragraph applies where— (a) a youth rehabilitation order...

Powers of magistrates' court

6(1) This paragraph applies where— (a) an offender appears or...

Powers of Crown Court

7(1) This paragraph applies where— (a) an offender appears or...

Restriction of powers in paragraphs 6 and 7 where treatment required

8(1) Sub-paragraph (2) applies where the offender—

Fines imposed under paragraphs 6 and 7

9(1) A fine imposed under paragraph 6(5)(a) or 7(2)(a) is...

Powers in paragraphs 6 and 7 to impose other requirements: further provisions

10(1) This paragraph applies where— (a) the magistrates' court deals...

Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance

11(1) This paragraph applies where— (a) the court is dealing...

PART 3Revocation of order with or without re-sentencing

Youth rehabilitation order subject to magistrates' court supervision

12(1) This paragraph applies where— (a) a youth rehabilitation order...

Crown Court youth rehabilitation order

13(1) This paragraph applies where a Crown Court youth rehabilitation...

PART 4Amendment of order

Appropriate court

14In this Part of this Schedule, “the appropriate court”, in...

Amendment by appropriate court

15(1) This paragraph applies where— (a) a youth rehabilitation order...

Exercise of powers under paragraph 15(2): further provision

16(1) This paragraph applies where— (a) an application has been...

Exercise of powers under paragraph 15(3)(b): further provision

17(1) Before exercising its powers under paragraph 15(3)(b) (replacing requirements...

Extension of order

18(1) The appropriate court may, on the application of—

Extension of unpaid work requirement

19(1) This paragraph applies where a youth rehabilitation order imposing...

PART 5Conviction of further offence

Powers of magistrates' court following subsequent conviction

20Paragraphs 21 and 22 apply where— (a) a youth rehabilitation...

21(1) This paragraph applies if— (a) the existing youth rehabilitation...

22(1) Sub-paragraph (2) applies if— (a) the existing youth rehabilitation...

Powers of Crown Court following subsequent conviction

23(1) This paragraph applies where a youth rehabilitation order is...

PART 6Supplementary

24(1) Sub-paragraph (2) applies where an offender—

25(1) This paragraph applies where the court before which the...

Adjournment of proceedings

26(1) This paragraph applies to any hearing relating to an...

Provision of copies of orders etc

27(1) This paragraph applies on the making of an order...

SCHEDULE 8Transfer of youth rehabilitation orders to Northern Ireland

PART 1Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender will reside in Northern Ireland

1(1) This paragraph applies where— (a) a youth rehabilitation order...

Amendment of youth rehabilitation order where offender will reside in Northern Ireland

2(1) This paragraph applies where— (a) a youth rehabilitation order...

PART 2Requirements etc: availability and modifications of Schedule 6

Requirements: availability and restrictions

3This Part of this Schedule applies where a court makes...

4The order must not impose either of the following requirements—...

5(1) The order must not impose a locally based requirement...

6The number of hours, days or months in respect of...

Further provisions where offender resides or will reside in Northern Ireland

7In a case where a court makes or amends a...

PART 3Making or amendment of order in accordance with Part 1 of this Schedule

8This Part of this Schedule applies in a case where...

Explanation to be given by court before order is made or amended

9Before making or amending the youth rehabilitation order, the court...

Matters to be specified in the order

10(1) The youth rehabilitation order must specify as the corresponding...

Provision of copies

11(1) The court which makes or amends the youth rehabilitation...

PART 4Effect of order made or amended in accordance with Part 1 of this Schedule

12This Part of this Schedule applies where a youth rehabilitation...

Duty of offender to keep in touch with relevant officer

13(1) The offender— (a) must keep in touch with the...

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction

14Where the youth rehabilitation order was made or amended by...

Effect of the youth rehabilitation order in Northern Ireland

15(1) The youth rehabilitation order is to be treated in...

Powers of the home court in respect of the youth rehabilitation order

16(1) The home court may exercise any relevant local power...

17(1) The home court may require the offender to appear...

Breach of requirement: certificate of home court

18(1) Where the home court requires the offender to appear...

Powers of court in England or Wales where offender required to appear under paragraph 17

19(1) This paragraph applies where under paragraph 17 the home...

20(1) This paragraph applies where— (a) the relevant court in...

PART 5Interpretation

21(1) For the purposes of this Schedule, in relation to...

SCHEDULE 9Community orders and suspended sentence orders: requirements

PART 1Unpaid work requirement

Requirement and obligation of offender

1(1) In this Code “unpaid work requirement”, in relation to...

Number of hours of unpaid work to be specified in order

2(1) The number of hours which a person may be...

Restriction on imposing unpaid work requirement

3(1) A court may not include an unpaid work requirement...

PART 2Rehabilitation activity requirement

4(1) In this Code “rehabilitation activity requirement”, in relation to...

Instructions given by responsible officer

5(1) Any instructions given by the responsible officer pursuant to...

PART 3Programme requirement

6(1) In this Code “programme requirement”, in relation to a...

PART 4Prohibited activity requirement

7(1) In this Code “prohibited activity requirement”, in relation to...

Restriction on imposing prohibited activity requirement

8A court may not include a prohibited activity requirement in...

PART 5Curfew requirement

9(1) In this Code “curfew requirement”, in relation to a...

Requirements where court imposes curfew requirement

10(1) Before making a relevant order imposing a curfew requirement,...

Power of responsible officer to vary curfew requirement

10A(1) This paragraph applies where— (a) a relevant order is...

PART 6Exclusion requirement

11(1) In this Code “exclusion requirement”, in relation to a...

Requirement where court imposes exclusion requirement

12Where the court makes a relevant order imposing an exclusion...

PART 7Residence requirement

13(1) In this Code “residence requirement”, in relation to a...

Requirement where court imposes residence requirement

14Before making a relevant order containing a residence requirement, the...

PART 8Foreign travel prohibition requirement

15(1) In this Code “foreign travel prohibition requirement”, in relation...

PART 9Mental health treatment requirement

16(1) In this Code “mental health treatment requirement”, in relation...

Restrictions on imposing mental health treatment requirement

17(1) A court may not include a mental health treatment...

Alternative arrangements for mental health treatment made by practitioner

18(1) This paragraph applies where— (a) an offender is being...

PART 10Drug rehabilitation requirement

19(1) In this Code “drug rehabilitation requirement”, in relation to...

Restriction on imposing drug rehabilitation requirement

20(1) A court may not impose a drug rehabilitation requirement...

Drug rehabilitation requirement: provision for review by court

21(1) A relevant order imposing a drug rehabilitation requirement—

Periodic review of drug rehabilitation requirement

22(1) This paragraph applies in relation to a relevant order...

PART 10ADrug testing requirement

22A(1) In this Code, “ drug testing requirement ”, in...

Restrictions on imposing drug testing requirement

22B(1) A court may not impose a drug testing requirement...

PART 11Alcohol treatment requirement

23(1) In this Code “alcohol treatment requirement”, in relation to...

Restrictions on imposing alcohol treatment requirement

24(1) A court may not impose an alcohol treatment requirement...

PART 12Alcohol abstinence and monitoring requirement

25(1) In this Code “alcohol abstinence and monitoring requirement”, in...

Restriction on imposing alcohol abstinence and monitoring requirement

26(1) A relevant order may not include both—

PART 13Attendance centre requirement : offenders convicted before the day on which section 152 of the Police, Crime, Sentencing and Courts Act 2022 came into force

27(1) In this Code “attendance centre requirement”, in relation to...

Restriction on imposing attendance centre requirement

28A court may not impose an attendance centre requirement in...

PART 14Electronic monitoring

Electronic compliance monitoring requirement

29(1) In this Code “electronic compliance monitoring requirement”, in relation...

Electronic whereabouts monitoring requirement

30In this Code “electronic whereabouts monitoring requirement”, in relation to...

Electronic monitoring: person responsible for monitoring

31(1) A relevant order which includes an electronic monitoring requirement...

Electronic monitoring: general

32Where a relevant order imposes an electronic monitoring requirement, the...

Restriction on imposing electronic monitoring: general

33Where— (a) it is proposed to include in a relevant...

Restriction on imposing an electronic compliance monitoring requirement

34(1) A court may not include an electronic compliance monitoring...

Restriction on imposing electronic whereabouts monitoring requirement

35A court may not include an electronic whereabouts monitoring requirement...

SCHEDULE 10Breach, revocation or amendment of community order

PART 1Preliminary

Meaning of particular expressions relating to an order

1(1) In this Schedule, in relation to a community order—...

Enforcement officers

2(1) In this Schedule, “enforcement officer” means a person who...

Community order subject to magistrates' court supervision and Crown Court order

3In this Schedule— “community order subject to magistrates' court supervision”...

Requirements subject to review

4For the purposes of this Schedule— (a) a drug rehabilitation...

Orders made on appeal

5A community order made on appeal is to be taken...

PART 2Breach of requirement of order

Duty to give warning or refer matter to enforcement officer

6(1) This paragraph applies where the responsible officer is of...

Role of enforcement officer

7Where a matter is referred to an enforcement officer under...

Issue of summons or warrant by justice of the peace

8(1) This paragraph applies where— (a) a community order subject...

Issue of summons or warrant by Crown Court

9(1) This paragraph applies where— (a) a Crown Court community...

Issue of summons or warrant after review hearing

9A(1) This paragraph applies where— (a) a community order is...

Powers of magistrates' court

10(1) This paragraph applies where— (a) an offender appears or...

Powers of Crown Court

11(1) This paragraph applies where— (a) an offender appears or...

Treatment requirement: reasonable refusal to undergo treatment

12(1) Sub-paragraph (2) applies where the offender—

Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision

13(1) In dealing with an offender under paragraph 10(5)(b) or...

Power under paragraphs 10 and 11 to commit to prison: further provision

13A(1) In the case of a person under the age...

PART 3Revocation of order with or without re-sentencing

Community order subject to magistrates' court supervision

14(1) This paragraph applies where a community order subject to...

Crown Court community order

15(1) This paragraph applies where a Crown Court community order...

PART 4Amendment of order

Amendment because of change of residence

16(1) This paragraph applies where at any time while a...

17(1) This paragraph applies where at any time while a...

Amendment because of variation of curfew requirement by responsible officer

17A(1) This paragraph applies where at any time the responsible...

Amendment of requirements of community order

18(1) The appropriate court may, on the application of the...

Amendment of treatment requirement on report of practitioner

19(1) This paragraph applies where an offender is being treated...

Extension of order

20(1) The appropriate court may, on the application of—

Extension of unpaid work requirement

21(1) This paragraph applies where a community order imposing an...

PART 5Conviction of further offence

Powers of magistrates' court following subsequent conviction

22Paragraphs 23 and 24 apply where— (a) a community order...

23(1) This paragraph applies if the existing community order was...

24(1) This paragraph applies if the existing community order was...

Powers of Crown Court following subsequent conviction

25(1) This paragraph applies where a community order is in...

PART 6Supplementary

Adjournment of hearing

26(1) This paragraph applies to any hearing relating to an...

Provision of copies of orders etc

27(1) This paragraph applies on the making of an order...

SCHEDULE 11Transfer of community orders to Scotland or Northern Ireland

Making of community order where offender will reside in Scotland

1(1) This paragraph applies where— (a) a community order is...

Amendment of community order where offender will reside in Scotland

2(1) This paragraph applies where— (a) a community order is...

Requirements: availability and restrictions

3Paragraphs 4 and 5 apply where a court makes or...

4The order must not impose— (a) an alcohol abstinence and...

5(1) The order must not impose a locally based requirement...

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule

6Where a court makes or amends a community order in...

PART 2Northern Ireland

Making of community order where offender will reside in Northern Ireland

7(1) This paragraph applies where— (a) a community order is...

Amendment of community order where offender will reside in Northern Ireland

8(1) This paragraph applies where— (a) a community order is...

Requirements: availability and restrictions

9Paragraphs 10 to 12 apply where a court makes or...

10The order must not impose an alcohol abstinence and monitoring...

11The order must not impose an electronic whereabouts monitoring requirement...

12(1) The order must not impose a locally based requirement...

Further provision where offender resides or will reside in Northern Ireland

13Where a court makes or amends a community order in...

PART 3Making or amendment of order in accordance with Part 1 or 2 of this Schedule

14This Part of this Schedule applies in a case where...

Explanation to be given by court before order is made or amended

15Before making or amending the community order, the court must...

Matters to be specified in the order

16(1) The community order must specify— (a) the locality in...

Provision of copies

17(1) The court which makes or amends the community order...

PART 4Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

18This Part of this Schedule applies where a community order...

Duty to keep in touch with responsible officer

19(1) The offender must keep in touch—

Order to be treated as corresponding order in certain circumstances

20(1) The community order is to be treated as if...

Exercise by home court of powers relating to corresponding orders

21(1) The home court may exercise any relevant local power...

Power of home court to require offender to appear before court in England and Wales

22(1) Where the home court is of the opinion that—...

Home court to certify breach of requirement

23(1) Where the home court requires the offender to appear...

Powers of court in England and Wales where offender required to appear under paragraph 22

24(1) This paragraph applies where under paragraph 22 the home...

25(1) This paragraph applies where— (a) a court in England...

26(1) This paragraph applies where— (a) a court in England...

PART 5Interpretation

27In this Schedule— “breach”, in relation to a requirement, means...

SCHEDULE 12Detention and training order: breach of supervision requirements and further offences

1In this Schedule— “breach”, in relation to a supervision requirement,...

Breach of supervision requirement: issue of summons or warrant by justice of the peace

2(1) Sub-paragraph (2) applies where— (a) a detention and training...

Power of youth court to deal with offender for breach of supervision requirement

3(1) Sub-paragraph (2) applies if it is proved to the...

Supervision where order made under paragraph 3(2)(b)

4(1) This paragraph applies where an offender is subject to...

Interaction of further detention order with other detention and training orders

5(1) Where— (a) a court makes a further detention order...

Interaction of further detention order with other custodial sentences

6(1) The Secretary of State may by regulations make provision...

Offence after release for supervision or during further supervision period

7(1) This paragraph applies where an offender commits an imprisonable...

SCHEDULE 13Special sentence for offenders of particular concern: offences

PART 1Offences involving or connected with terrorism

Terrorism Act 2000

1An offence under any of the following provisions of the...

Anti-terrorism, Crime and Security Act 2001

2An offence under section 113 of the Anti-terrorism, Crime and...

Terrorism Act 2006

3An offence under any of the following provisions of the...

Counter-Terrorism Act 2008

4An offence under section 54 of the Counter-Terrorism Act 2008...

Terrorism Prevention and Investigation Measures 2011

5An offence under section 23 of the Terrorism Prevention and...

Counter-Terrorism and Security Act 2015

6An offence under section 10 of the Counter-Terrorism and Security...

Inchoate offences

7An inchoate offence in relation to an offence specified in...

Abolished offences

8(1) An abolished offence in relation to an offence specified...

Offences connection with terrorism

9An offence, other than one for which the sentence is...

PART 2Sexual offences

Sexual Offences Act 2003

10An offence under either of the following provisions of the...

Inchoate offences

11An inchoate offence in relation to an offence specified paragraph...

Abolished offences

12(1) An abolished offence in relation to an offence specified...

SCHEDULE 14Extended sentences: the earlier offence condition: offences

PART 1Offences under the law of England and Wales

The following offences to the extent that they are offences...

Offences against the Person Act 1861

2An offence under any of the following sections of the...

Explosive Substances Act 1883

3An offence under any of the following provisions of the...

Firearms Act 1968

4An offence under any of the following provisions of the...

5An offence of robbery under section 8 of the Theft...

Protection of Children Act 1978

6An offence under section 1 of the Protection of Children...

Terrorism Act 2000

7An offence under any of the following provisions of the...

Anti-terrorism Crime and Security Act 2001

8An offence under any of the following provisions of the...

Sexual Offences Act 2003

9An offence under any of the provisions of the Sexual...

Domestic Violence, Crime and Victims Act 2004

10An offence under section 5 of the Domestic Violence, Crime...

Terrorism Act 2006

11An offence under any of the following provisions of the...

Modern Slavery Act 2015

12An offence under either of the following provisions of the...

Inchoate offences

14An inchoate offence (see section 398) in relation to an...

Abolished offences

15Any offence that— (a) was abolished (with or without savings)...

PART 2Offences under service law

16An offence under section 70 of the Army Act 1955,...

17(1) An offence under section 42 of the Armed Forces...

PART 3Offences under the law of Scotland or Northern Ireland

18A civilian offence for which the person was convicted in...

19A member State service offence which, if committed in England...

20In this Part of this Schedule— “ civilian offence ”...

Part 3APROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

20AA civilian offence for which the person was convicted in...

20BA member State service offence which, if committed in England...

PART 4Interpretation

21In this Schedule “imprisonment for life” includes custody for life...

22In this Schedule— “civilian offence” means an offence other than...

SCHEDULE 15Life sentence for second offence: listed offences

PART 1Offences under the law of England and Wales

The following offences to the extent that they are offences...

PART 2Further offences under the law of England and Wales

The following offences to the extent that they are offences...

17Any offence that— (a) was abolished (with or without savings)...

PART 3Offences under service law

18An offence under section 70 of the Army Act 1955,...

19(1) An offence under section 42 of the Armed Forces...

PART 4Offences under the law of Scotland or Northern Ireland

20A civilian offence for which the person was convicted in...

21A member State service offence which, if committed in England...

22In this Part of this Schedule— “ civilian offence ”...

23(1) Where the index offence was committed before 13 April...

Part 4APROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

23AIf the proceedings for the index offence were instituted before...

23BWhere the index offence was committed before 13 April 2015,...

PART 5Interpretation

24(1) In this Schedule— “civilian offence” means an offence other...

SCHEDULE 16Breach or amendment of suspended sentence order, and effect of further conviction

PART 1Preliminary

Interpretation: general

1(1) In this Schedule, in relation to a suspended sentence...

Enforcement officers

2(1) In this Schedule “enforcement officer” means a person who...

“Order subject to magistrates' court supervision” and “Crown Court order”

3In this Schedule— “order subject to magistrates' court supervision” means...

Orders and community requirements which are subject to review

4(1) For the purposes of this Schedule, a suspended sentence...

Orders made on appeal

5A suspended sentence order made on appeal is to be...

PART 2Breach of community requirement or conviction of further offence

Breach of community requirement: duty to give warning or refer to enforcement officer

6(1) This paragraph applies where the responsible officer is of...

Role of enforcement officer

7Where a matter is referred to an enforcement officer under...

Order subject to magistrates' court supervision: issue of summons or warrant by justice

8(1) This paragraph applies where, during the supervision period of...

Crown Court order: issue of summons or warrant by Crown Court

9(1) This paragraph applies where, during the supervision period of...

Issue of summons or warrant after review hearing in special procedure cases

9A(1) This paragraph applies where— (a) a suspended sentence order...

Offender before magistrates' court: breach of community requirement

10(1) This paragraph applies where— (a) the offender is before...

Offender before magistrates' court: further conviction

11(1) Where— (a) an offender is convicted of an offence...

Offender before Crown Court: breach of community requirement or further conviction

12(1) Where— (a) an offender to whom a suspended sentence...

Powers of court to deal with offender on breach of requirement or subsequent conviction

13(1) Where a court deals with a case under this...

Exercise of power in paragraph 13: duty to make activation order where not unjust

14(1) Where the court deals with the case under paragraph...

Activation orders: further provision

15(1) This paragraph applies where a court makes an activation...

Power under paragraph 13 to fine or amend community requirements: further provision

16(1) A fine imposed under paragraph 13(1)(c) is to be...

Power under paragraph 13(1)(da) to commit to prison: further provision

16A(1) In the case of an offender under the age...

Treatment requirement: reasonable refusal to undergo certain treatment

17(1) Sub-paragraph (2) applies where the offender—

Duty of court in Scotland or Northern Ireland when informed of suspended sentence

18Where— (a) an offender is convicted in Scotland or Northern...

Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence

19(1) This paragraph applies where it appears to the Crown...

20(1) This paragraph applies where it appears to a justice...

PART 3Amendment of order

Application of Part

21This Part of this Schedule applies during the supervision period...

Cancellation of community requirements of suspended sentence order

22(1) This paragraph applies where an application is made to...

Amendment because of change of residence

23(1) This paragraph applies where— (a) the offender is given...

24(1) This paragraph applies where— (a) a court amends the...

Amendment because of variation of curfew requirement by responsible officer

24A(1) This paragraph applies where at any time the responsible...

Amendment of community requirements of suspended sentence order

25(1) The appropriate court may, on the application of the...

Amendment of treatment requirement on report of practitioner

26(1) This paragraph applies where the suspended sentence order contains...

Extension of unpaid work requirement

27(1) This paragraph applies where the suspended sentence order imposes...

PART 4Supplementary

Provision of copies of orders etc

28(1) This paragraph applies on the making by a court...

SCHEDULE 17Transfer of suspended sentence orders to Scotland or Northern Ireland

Restriction on making relevant suspended sentence order where offender resides in Scotland

1(1) This paragraph applies where— (a) a relevant suspended sentence...

Amendment of relevant suspended sentence order to become SSSO

2(1) This paragraph applies where— (a) a relevant suspended sentence...

3(1) A relevant suspended sentence order which is subject to...

PART 2Northern Ireland

Restriction on making suspended sentence order where offender resides in Northern Ireland

4(1) This paragraph applies where— (a) a relevant suspended sentence...

Amendment of relevant suspended sentence order to become an NISSO

5(1) This paragraph applies where— (a) a relevant suspended sentence...

6(1) A relevant suspended sentence order which is subject to...

PART 3Making of orders

Making or amending a suspended sentence order under

7This Part of this Schedule applies where, in accordance with...

Community requirements: availability and restrictions on imposition

8(1) If the order is an SSSO, it must not...

9(1) The order, as made or amended, may not impose...

10Schedule 9 (requirements) applies as if— (a) any reference to...

Matters to be specified in the order

11(1) The suspended sentence order, as made or amended in...

Order to require home authority to appoint relevant officer

12The suspended sentence order, as made or amended in accordance...

Provision of copies

13(1) This paragraph applies where a court makes an order...

PART 4Provisions where SSSO or NISSO is in force

14(1) This Part of this Schedule applies while an SSSO...

Role of responsible officer to be carried out by relevant officer

15Sections 300 to 302 (role of responsible officer) apply as...

Community requirements

16Schedule 9 (requirements) applies as if— (a) any reference to...

PART 5Breach of community requirement

17This Part of this Schedule— (a) applies where an SSSO...

Breach of community requirement: duty to give warning or refer to home court

18(1) This paragraph applies where the relevant officer is of...

Issue of citation or warrant by home court

19(1) Sub-paragraph (2) applies where it appears to the home...

Powers of home court to determine breach or refer to original court

20(1) The court before which an offender appears or is...

Determination by home court of breach of community requirement: further provision

21(1) Sub-paragraph (2) applies where an offender—

22Paragraphs 18 to 21 have effect in place of paragraphs...

Modifications of Part 2 of Schedule 16 etc

23(1) Part 2 of Schedule 16 (breach of community requirement...

PART 6Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

24This Part of this Schedule— (a) applies where an SSSO...

Modifications of Part 3 of Schedule 16

25Part 3 of Schedule 16 (amendment of suspended sentence order)...

Powers to amend suspended sentence order exercisable by home court

26(1) The home court may exercise any power conferred by...

Cases in which offender is to be required to appear before home court

27(1) This paragraph applies in place of sub-paragraphs (5) and...

Modification of sections 300 to 302 and Schedule 9

28(1) This paragraph applies where the home court is considering...

Power for home court to refer application to original court

29(1) This paragraph applies where an application is made to...

Powers exercisable by court in England and Wales only after home court consideration

30(1) No court in England and Wales may exercise any...

PART 7Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

31This Part of this Schedule applies where—

Restrictions on exercise of powers to amend order

32(1) The court must not amend the order to impose...

Provision of copies

33(1) This paragraph applies where a court amends an SSSO...

Application of provisions of Part 3 of this Schedule

34Paragraphs 10 to 12 have effect in relation to the...

PART 8Amendment of order: return to England and Wales

Amendment of order: return to England and Wales

35(1) This paragraph applies where— (a) an SSSO or NISSO...

Restrictions on exercise of power under this Part of this Schedule

36(1) This paragraph applies where the SSSO or NISSO contains...

37(1) This paragraph applies where the SSSO or NISSO imposes...

Making of order under this Part of this Schedule

38(1) This paragraph applies where the home court exercises the...

PART 9Supplementary

Electronic monitoring and SSSO

39Subsections (1) and (3) of section 245C of the Criminal...

Service of citation or warrant

40(1) Section 4 of the Summary Jurisdiction (Process) Act 1881...

PART 10Interpretation

41(1) In this Schedule— “the appropriate court” has the same...

SCHEDULE 17ASerious terrorism offences

PART 1Terrorism offences

Terrorism Act 2000

1An offence under any of the following provisions of the...

Terrorism Act 2006

2An offence under any of the following provisions of the...

Inchoate offences

3An inchoate offence (see section 398) in relation to an...

PART 2Other offences (in case where determination of terrorist connection under section 69 is made)

Common law offences

6False imprisonment.

Offences against the Person Act 1861

7An offence under any of the following provisions of the...

Explosive Substances Act 1883

8An offence under any of the following provisions of the...

Infant Life (Preservation) Act 1929

9An offence under section 1 of the Infant Life (Preservation)...

Infanticide Act 1938

10An offence under section 1 of the Infanticide Act 1938...

Firearms Act 1968

11An offence under any of the following provisions of the...

12An offence under either of the following provisions of the...

Criminal Damage Act 1971

13(1) An offence of arson under section 1 of the...

Biological Weapons Act 1974

14An offence under section 1 of the Biological Weapons Act...

Taking of Hostages Act 1982

15An offence under section 1 of the Taking of Hostages...

Aviation Security Act 1982

16An offence under any of the following provisions of the...

Nuclear Material (Offences) Act 1983

17An offence under either of the following provisions of the...

Criminal Justice Act 1988

18An offence under section 134 of the Criminal Justice Act...

Aviation and Maritime Security Act 1990

19An offence under any of the following provisions of the...

Channel Tunnel (Security) Order 1994

20An offence under Part 2 of the Channel Tunnel (Security)...

Chemical Weapons Act 1996

21An offence under either of the following provisions of the...

International Criminal Court Act 2001

22An offence under section 51 or 52 of the International...

Anti-terrorism, Crime and Security Act 2001

23An offence under either of the following provisions of the...

Modern Slavery Act 2015

24An offence under either of the following provisions of the...

Inchoate offences

25An inchoate offence (see section 398) in relation to an...

26An inchoate offence in relation to murder.

SCHEDULE 18Specified offences for purposes of section 306

PART 1Specified violent offences

Common law offences

3False imprisonment.

Offences against the Person Act 1861

4An offence under any of the following provisions of the...

Explosive Substances Act 1883

5An offence under any of the following provisions of the...

Infant Life (Preservation) Act 1929

6An offence under section 1 of the Infant Life (Preservation)...

Children and Young Persons Act 1933

7An offence under section 1 of the Children and Young...

Infanticide Act 1938

8An offence under section 1 of the Infanticide Act 1938...

Firearms Act 1968

9An offence under any of the following provisions of the...

10An offence under any of the following provisions of the...

Criminal Damage Act 1971

11(1) An offence of arson under section 1 of the...

Biological Weapons Act 1974

11AAn offence under section 1 of the Biological Weapons Act...

Taking of Hostages Act 1982

12An offence under section 1 of the Taking of Hostages...

Aviation Security Act 1982

13An offence under any of the following provisions of the...

Nuclear Material (Offences) Act 1983

13AAn offence under either of the following provisions of the...

Mental Health Act 1983

14An offence under section 127 of the Mental Health Act...

Prohibition of Female Circumcision Act 1985

15An offence under section 1 of the Prohibition of Female...

Public Order Act 1986

16An offence under any of the following provisions of the...

Criminal Justice Act 1988

17An offence under section 134 of the Criminal Justice Act...

Road Traffic Act 1988

18An offence under any of the following provisions of the...

Aviation and Maritime Security Act 1990

19An offence under any of the following provisions of the...

Channel Tunnel (Security) Order 1994

20An offence under Part 2 of the Channel Tunnel (Security)...

Chemical Weapons Act 1996

20AAn offence under either of the following provisions of the...

Protection from Harassment Act 1997

21An offence under section 4 or 4A of the Protection...

Crime and Disorder Act 1998

22(1) An offence under section 29 of the Crime and...

International Criminal Court Act 2001

23An offence under section 51 or 52 of the International...

Anti-Terrorism, Crime and Security Act 2001

23AAn offence under either of the following provisions of the...

Female Genital Mutilation Act 2003

24An offence under any of the following provisions of the...

Domestic Violence, Crime and Victims Act 2004

25An offence under section 5 of the Domestic Violence, Crime...

Serious Crime Act 2015

25AAn offence under section 75A of the Serious Crime Act...

Modern Slavery Act 2015

26(1) An offence under section 1 of the Modern Slavery...

Inchoate offences

27An inchoate offence (see section 398) in relation to an...

28An inchoate offence in relation to murder.

PART 2Specified sexual offences

Sexual Offences Act 1956

29An offence under any of the following provisions of the...

Mental Health Act 1959

30An offence under section 128 of the Mental Health Act...

Indecency with Children Act 1960

31An offence under section 1 of the Indecency with Children...

Sexual Offences Act 1967

32An offence under either of the following provisions of the...

33An offence under section 9 of the Theft Act 1968...

Criminal Law Act 1977

34An offence under section 54 of the Criminal Law Act...

Protection of Children Act 1978

35An offence under section 1 of the Protection of Children...

Customs and Excise Management Act 1979

36An offence under section 170 of the Customs and Excise...

Criminal Justice Act 1988

37An offence under section 160 of the Criminal Justice Act...

Sexual Offences Act 2003

38An offence under any of the following provisions of the...

Modern Slavery Act 2015

39An offence under section 2 of the Modern Slavery Act...

Inchoate offences

40An inchoate offence (see section 398) in relation to any...

PART 3Specified terrorism offences

Terrorism Act 2000

41An offence under any of the following provisions of the...

Anti-terrorism, Crime and Security Act 2001

42An offence under section 113 of the Anti-Terrorism, Crime and...

Terrorism Act 2006

43An offence under any of the following provisions of the...

Inchoate offences

44An inchoate offence (see section 398) in relation to any...

SCHEDULE 19Schedule 19 offences

Common law offences

3False imprisonment.

Offences against the Person Act 1861

4An offence under any of the following provisions of the...

Explosive Substances Act 1883

5An offence under either of the following provisions of the...

6An offence under section 4 of that Act (making or...

Infant Life (Preservation) Act 1929

7An offence under section 1 of the Infant Life (Preservation)...

Infanticide Act 1938

8An offence under section 1 of the Infanticide Act 1938...

Firearms Act 1968

9An offence under any of the following provisions of the...

10An offence under either of the following provisions of the...

Criminal Damage Act 1971

11An offence of arson under section 1 of the Criminal...

12An offence under section 1(2) of that Act (destroying or...

Taking of Hostages Act 1982

13An offence under section 1 of the Taking of Hostages...

Aviation Security Act 1982

14An offence under any of the following provisions of the...

Criminal Justice Act 1988

15An offence under section 134 of the Criminal Justice Act...

Aviation and Maritime Security Act 1990

16An offence under any of the following provisions of the...

Channel Tunnel (Security) Order 1994

17An offence under Part 2 of the Channel Tunnel (Security)...

Terrorism Act 2000

18An offence under any of the provisions of the Terrorism...

Anti-terrorism, Crime and Security Act 2001

19An offence under either of the following provisions of the...

Sexual Offences Act 2003

20An offence under any of the provisions of the Sexual...

Domestic Violence, Crime and Victims Act 2004

20A(1) An offence under section 5 of the Domestic Violence,...

Terrorism Act 2006

21An offence under any of the provisions of the Terrorism...

Modern Slavery Act 2015

22An offence under either of the following provisions of the...

Inchoate offences

23An inchoate offence (see section 398) in relation to an...

24(1) An attempt to commit murder. (2) Conspiracy to commit...

SCHEDULE 20Detention under section 250 and minimum sentences: firearms offences

1An offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae),...

1AAn offence under section 5(1)(ag) or (ba) of the Firearms...

2An offence under section 5(1A)(a) of the Firearms Act 1968...

3An offence under section 5(2A) of the Firearms Act 1968...

4(1) An offence under any of the provisions of the...

5An offence under section 28 of the Violent Crime Reduction...

PART 2Interpretation of Schedule

6In this Schedule— “relevant firearm” means a firearm specified in...

SCHEDULE 21Determination of minimum term in relation to mandatory life sentence for murder etc

1In this Schedule— “child” means a person aged under 18;...

Starting points

2(1) If— (a) the court considers that the seriousness of...

3(1) If— (a) the case does not fall within paragraph...

4(1) If— (a) the case does not fall within paragraph...

5If the offender was aged 18 or over when the...

5A(1) This paragraph applies if— (a) the offender was aged...

6(1) This paragraph applies if— (a) the offender was aged...

Aggravating and mitigating factors

7Having chosen a starting point, the court should take into...

8Detailed consideration of aggravating or mitigating factors may result in...

9Aggravating factors (additional to those mentioned in paragraphs 2(2), 3(2)...

10Mitigating factors that may be relevant to the offence of...

11Nothing in this Schedule restricts the application of—

Offences committed before 18 December 2003

12(1) This paragraph applies where the offence was committed before...

SCHEDULE 22Amendments of the Sentencing Code and related amendments of other legislation

PART 1General provisions

Pre-sentence drug testing

1After section 34 insert— Pre-sentence drug testing Pre-sentence drug testing...

2In section 230 (threshold for imposing discretionary custodial sentence), after...

Purposes of sentencing

3(1) For section 58 substitute— Purposes etc of sentencing: offenders...

4In Schedule 1 (offences where terrorist connection to be considered)—...

PART 2Referral orders

Referral orders consecutive to earlier referral orders

5In section 87 (referral order consecutive to earlier referral order),...

PART 3Fines etc: abolition of detention in default of payment

6In section 119 (power of magistrates' court to fine where...

7In section 127 (remission of fines following determination under section...

8In section 129 (fine imposed on offender by Crown Court:...

9In section 132 (enforcement of fines imposed on offenders by...

10In section 382 (power to determine financial circumstances of offender's...

PART 4Community sentences

Youth rehabilitation orders with intensive supervision and surveillance

11(1) In section 179 (exercise of power to impose youth...

Youth rehabilitation order for offender previously fined

12(1) In section 179 (exercise of power to impose youth...

Availability etc of community order

13In section 202 (availability of community order)—

14(1) In section 204 (exercise of power to impose community...

Youth rehabilitation orders and community sentences: references to previous convictions

15After section 397 insert— Offenders fined at least three times:...

Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States

16. . . . . . . . . ....

17. . . . . . . . . ....

18. . . . . . . . . ....

19(1) Section 397A (offenders fined at least three times: interpretation),...

Consequential amendment of section 77 (basis of opinion provisions)

20(1) In section 77, subsection (5) is amended as follows....

Community orders: powers to imprison offender for wilful or persistent breach

21(1) Schedule 10 (breach etc of community order) is amended...

Exceptions to threshold for custodial sentence where offender fails to express willingness to comply with amended requirement

22(1) In Schedule 9 (community orders and suspended sentence orders:...

Change of residence: duty of responsible officer to apply to court for amendment of order

23In Schedule 10 (breach, revocation and amendment of community order),...

PART 5Custodial sentences

Increase in magistrates' court's power to impose imprisonment

24(1) Section 224 (general limit on magistrates' court's power to...

25In— (a) paragraph 10(5)(d) of Schedule 10 (magistrates' court's powers...

26In— (a) paragraph 11(2)(d) of Schedule 10 (Crown Court's powers...

Detention and training orders: offenders aged under 12

27(1) In section 234 (detention and training order: availability)—

Repeal of temporary provision resulting from paragraph 27

28(1) In section 234, omit subsection (1)(aa).

Detention and training orders: summary offences

29(1) Section 236 is amended as follows.

Custodial sentences where offender already subject to sentence following conviction before commencement

30In section 244 (offender subject concurrently to detention and training...

31In section 245 (offender subject concurrently to detention and training...

32In section 248 (detention and training orders: interpretation)—

33In section 253 (sentence of detention passed on offender subject...

34In section 257 (extended sentence under section 254 where offender...

35In section 270 (sentence of detention in a young offender...

Age limit for imposing imprisonment

36In section 15 (committal for sentence of dangerous adult offenders)—...

37In section 59(2) (sentencing guidelines: general duty of court)—

38In section 61 (sentencing guidelines: extended sentences and life sentences)—...

38AIn section 73(2A) (reduction in serious terrorism sentence for guilty...

38BIn section 74(4A) (reduction in serious terrorism sentence for assistance...

39In section 129(5)(c) (fine imposed on offender by Crown Court:...

40In section 166(5) (extension of disqualification where custodial sentence also...

40AIn section 166(5A) (adaptation of disqualification period in certain terrorist...

41In section 221 (overview of Part 10)—

42In section 224 (general limit on magistrates' court's power to...

43In section 226 (custodial sentence: restriction in certain cases where...

44In section 227 (restriction on imposing imprisonment on person under...

45In section 230(3) (threshold for imposing discretionary custodial sentence), for...

46In section 231 (length of discretionary custodial sentences: general provision)—...

47In section 236 (term of order, consecutive terms and taking...

48In section 244 (interaction with sentences of detention in a...

49In section 246 (effect of detention and training order made...

50In section 249 (sentence of detention under section 250: availability),...

51In section 252 (maximum sentence), in subsection (2), in paragraphs...

51AIn section 252A (special sentence of detention for terrorist offenders...

52In section 256 (term of extended sentence of detention under...

53(1) Omit Chapter 3 of Part 10 (custodial sentences for...

54In section 277 (suspended sentence order for person aged 21...

55In section 278 (required special custodial sentence for certain offenders...

56In section 279 (extended sentence of imprisonment for certain violent...

57In section 280 (extended sentence of imprisonment: availability), in subsection...

57AIn section 282A (serious terrorism sentence of imprisonment: persons 21...

57BIn section 282B (serious terrorism sentence of imprisonment: circumstances in...

58In section 283 (life sentence for second listed offence), in...

59In section 285 (required life sentence for offence carrying life...

59AIn section 285A (required life sentence for manslaughter of emergency...

60In section 286 (suspended sentence order), in subsection (1), omit...

61In section 289 (suspended sentence to be treated generally as...

62In section 308(1) (the assessment of dangerousness)—

63In section 310 (certificates of conviction), in the words following...

64In section 311 (minimum sentence for certain offences involving firearms...

65In section 312 (mandatory minimum sentence for offences of threatening...

66In section 313 (minimum sentence for third drug trafficking offence)—...

67In section 314 (minimum sentence for third domestic burglary offence)—...

68In section 315 (minimum sentence for repeat offence involving weapon...

68AIn section 323 (minimum term order: other life sentences)—

69In section 324 (interpretation of sections 321 and 322), in...

70In section 329 (conversion of sentence of detention to sentence...

71(1) In section 384(3)(b) (commencement of sentence), for “, 257...

72(a) In section 397(1) (interpretation: general), in the definition of...

73In section 399 (mandatory sentences)— (a) in paragraph (b)—

74(1) In paragraph 10 of Schedule 10 (magistrates' court's powers...

75(1) In paragraph 11 of Schedule 10 (Crown Court's powers...

75AIn paragraph 13A of Schedule 10 (detention following breach of...

76In Schedule 12, in paragraph 3 (breach of requirement of...

77In Schedule 14 (extended sentences: the earlier offence condition: offences),...

78In Schedule 15 (life sentence for second offence: listed offences),...

78AIn paragraph 16A of Schedule 16 (detention following breach of...

Change of residence: duty of responsible officer to apply for amendment of suspended sentence order

79In Schedule 16 (breach or amendment of suspended sentence order,...

Dangerous offenders

79AIn Schedule 17A (serious terrorism offences), after paragraph 24 insert—...

80In Schedule 18 (specified violent offences), after paragraph 26 insert—...

Minimum sentences: firearms and corrosive substances

81(1) Schedule 20 (detention under section 250 and minimum sentences:...

82(1) Section 315 (minimum sentence for repeat offence involving weapon)...

83In each of the following provisions, after “weapon” insert “...

Life imprisonment

84In Schedule 19 (Schedule 19 offences), after paragraph 22 insert—...

85. . . . . . . . . ....

86(1) Section 65 (previous convictions) is amended as follows.

87(1) In section 85 (duty and power to make referral...

87ASection 267 (extended sentence of detention in a young offender...

88(1) In section 273 (custody for life for second listed...

88ASection 280 (extended sentence of imprisonment: availability) is amended as...

89(1) In section 283 (life sentence for second listed offence)...

90(1) In section 313 (minimum sentence of 7 years for...

91(1) In section 314 (minimum sentence of 3 years for...

92(1) In section 315 (minimum sentence for repeat offence involving...

93(1) Section 317 (certificates of conviction for purposes of sections...

94(1) Section 318 (offences under service law) is amended as...

95(1) ... Schedule 14 (extended sentences: the earlier offence condition:...

96(1) Schedule 15 (life sentence for second offence: listed offences),...

97Omit paragraphs 16 to 18 of this Schedule (which make...

97AIn paragraph 19 of this Schedule (which makes amendments to...

PART 7Miscellaneous

98In section 354 (offence: breach of sexual harm prevention order),...

99In section 379 (other behaviour orders), in subsection (1), at...

100In section 396 (execution of process between England and Wales...

PART 8Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment

Mental Health Act 1983 (c. 20)

101(1) Section 37 of the Mental Health Act 1983 ...,...

Road Traffic Offenders Act 1988 (c. 53)

102In section 35A(4) of the Road Traffic Offenders Act 1988...

SCHEDULE 23Powers to amend the Sentencing Code

PART 1General provisions

Seriousness: list of offences in which terrorist connection to be considered

1(1) The Secretary of State may by regulations amend Schedule...

PART 2Orders for conditional discharge

2(1) The Secretary of State may by regulations amend subsection...

PART 3Referral orders

Power to amend descriptions of offender for certain purposes connected with referral orders

3(1) The Secretary of State may by regulations amend any...

Power to alter amount of fine in respect of referral order on referral back to court

4(1) The Secretary of State may by regulations amend any...

PART 4Fines and compensation orders

5(1) The Secretary of State may by regulations amend section...

6(1) The Secretary of State may by regulations amend section...

Power to alter limits on fines and compensation orders etc in magistrates' court

7(1) The Secretary of State may by regulations substitute, for...

PART 5Youth rehabilitation orders

Responsible officer

8(1) The Secretary of State may by regulations—

Power to amend limits

9(1) The Secretary of State may by regulations substitute a...

Power to amend fines for breach of youth rehabilitation order

10(1) The Secretary of State may by regulations amend any...

Maximum period of fostering requirement where imposed by virtue of Schedule 7

11(1) The Secretary of State may by regulations amend paragraph...

Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland

12(1) This paragraph applies where a change is made to...

PART 6Community requirements

Power to amend limits

13(1) The Secretary of State may by regulations substitute the...

PART 7Community orders

Breach of community order: power to amend amounts of fines

14(1) The Secretary of State may by regulations amend any...

PART 8Custodial sentences

Detention and training orders: end of period of supervision

15(1) Subject to sub-paragraphs (2) and (3), the Secretary of...

Offenders of particular concern: listed offences

16(1) The Secretary of State may by regulations amend Schedule...

Suspended sentence order: power to amend amounts of fines

17(1) The Secretary of State may by regulations amend any...

Power to exclude application of minimum sentences to those under 18

18(1) The Secretary of State may by regulations—

Determining minimum term of mandatory life sentence

19(1) The Lord Chancellor may by regulations amend Schedule 21....

SCHEDULE 24Consequential amendments

PART 1Acts of Parliament

Children and Young Persons Act 1933 (c. 12)

1In section 34(7B) of the Children and Young Persons Act...

2(1) Section 49 of that Act is amended as follows....

3(1) Section 58 of that Act is amended as follows....

Prison Act 1952 (c. 52)

4In section 13(2) of the Prison Act 1952, after “or...

5In section 49(5)(c) of that Act, for “section 107(1) of...

Prevention of Crime Act 1953 (c. 14)

6In section 1 of the Prevention of Crime Act 1953,...

7In section 1A of that Act, after subsection (4) insert—...

Copyright Act 1956 (c. 74)

8In section 21 of the Copyright Act 1956, for subsection...

Criminal Appeal Act 1968 (c. 19)

9In section 9(1A) of the Criminal Appeal Act 1968—

10In section 10(2)(b) of that Act— (a) in sub-paragraph (ii),...

11After section 30A of that Act insert— Criminal courts charge...

12In section 50(1A) of that Act, for “Section 14 of...

13In Schedule 2 to that Act, in paragraph 2(4), after...

Court Martial Appeals Act 1968 (c. 20)

14In section 8(1ZA) of the Court Martial Appeals Act 1968—...

Firearms Act 1968 (c. 27)

15(1) Section 21 of the Firearms Act 1968 is amended...

16(1) Section 51A of that Act is amended as follows....

17In section 52(1A)(a) of that Act— (a) for “the meaning...

Health Services and Public Health Act 1968 (c. 46)

18In section 64(3)(a) of the Health Services and Public Health...

19In section 65(3)(b)(xxii) of that Act, before “Part 1 of...

Civil Evidence Act 1968 (c. 64)

20In section 11(5)(a) of the Civil Evidence Act 1968, for...

Social Work (Scotland) Act 1968 (c. 49)

21In section 94(1) of the Social Work (Scotland) Act 1968,...

Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)

22In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland)...

Children and Young Persons Act 1969 (c. 54)

23In section 30(1) of the Children and Young Persons Act...

24(1) Section 32 of that Act is amended as follows....

25In section 70(1) of that Act— (a) in the definition...

Administration of Justice Act 1970 (c. 31)

26(1) Schedule 9 to the Administration of Justice Act 1970...

Misuse of Drugs Act 1971 (c. 38)

27(1) Section 4A of the Misuse of Drugs Act 1971...

Juries Act 1974 (c. 23)

28(1) Schedule 1 to the Juries Act 1974 is amended...

Consumer Credit Act 1974 (c. 39)

29In section 119(2) of the Consumer Credit Act 1974, for...

Solicitors Act 1974 (c. 47)

30In section 43(7) of the Solicitors Act 1974, for “section...

Rehabilitation of Offenders Act 1974 (c. 53)

31(1) Section 1 of the Rehabilitation of Offenders Act 1974...

32(1) Section 5 of that Act, as it extends to...

33(1) Section 5 of that Act, as it extends to...

34In section 7(2)(d) of that Act, for “Part 1 of...

Bail Act 1976 (c. 63)

35In section 2(2) of the Bail Act 1976—

36In section 4(3) of that Act— (a) in paragraph (za),...

37(1) Schedule 1 to that Act is amended as follows....

Criminal Law Act 1977 (c. 45)

38In section 3(1) of the Criminal Law Act 1977, for...

Interpretation Act 1978 (c. 30)

39(1) Schedule 1 to the Interpretation Act 1978 is amended...

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

40In section 5(2)(a) of the Ancient Monuments and Archaeological Areas...

41In section 29 of that Act, for “section 130 of...

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

42In section 1(2)(b) of the Licensed Premises (Exclusion of Certain...

Magistrates' Courts Act 1980 (c. 43)

43In section 11(3) of the Magistrates' Courts Act 1980 (“the...

44In section 17A(4)(b) of the MCA 1980—

45In section 17D(2)(b) of the MCA 1980, for “sections 3...

46In section 20(2)(c) of the MCA 1980—

47(1) Section 20A of the MCA 1980 is amended as...

48In section 24(3) of the MCA 1980, for “section 89(1)...

49In section 24A(5)(b) of the MCA 1980—

50(1) Section 81 of the MCA 1980 is amended as...

51In section 82(1A) of the MCA 1980—

52In section 85(3A)(b) of the MCA 1980, for “section 161A...

53In section 91(3) of the MCA 1980, for “section 140(1)...

54(1) Section 108 of the MCA 1980 is amended as...

55In section 113(3) of the MCA 1980 as amended by...

56In section 121(5A) of the MCA 1980—

57In section 125D(3)(f) of the MCA 1980, for “Schedule 1...

58In section 126(f) of the MCA 1980, for “Schedule 1...

59In section 133(1) of the MCA 1980, for “section 265...

60In section 139(aa) of the MCA 1980, for “section 161A...

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

61In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland)...

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

62In section 6(1) of the Imprisonment (Temporary Provisions) Act 1980,...

Public Passenger Vehicles Act 1981 (c. 14)

63In Schedule 3 to the Public Passenger Vehicles Act 1981,...

Criminal Attempts Act 1981 (c. 47)

64In section 4(5)(b) of the Criminal Attempts Act 1981, for...

Contempt of Court Act 1981 (c. 49)

65In section 12(5) of the Contempt of Court Act 1981,...

66In section 16(3) of that Act, for “sections 139 and...

67In Schedule 1 to that Act, in paragraph 6, for...

Senior Courts Act 1981 (c. 54)

68After section 52 of the Senior Courts Act 1981 insert—...

69(1) Section 140 of that Act is amended as follows....

Criminal Justice Act 1982 (c. 48)

70In section 32(1A) of the Criminal Justice Act 1982—

71In section 46(3) of that Act— (a) for “an order...

72(1) Schedule 13 to that Act is amended as follows....

Mental Health Act 1983 (c. 20)

73(1) Section 37 of the Mental Health Act 1983 is...

74In section 43(4) of that Act, for “section 3 or...

Child Abduction Act 1984 (c. 37)

75In the Schedule to the Child Abduction Act 1984, in...

Police and Criminal Evidence Act 1984 (c. 60)

76In section 17(1)(cb)(ii) of the Police and Criminal Evidence Act...

77In section 38(6A) of that Act, in the definition of...

78In section 63A(3B) of that Act, after “section 92 of...

79In section 63K(6)(a) of that Act, after “section 76 of...

80In section 75(3)(a) of that Act— (a) after “section 14...

Prosecution of Offences Act 1985 (c. 23)

81In section 3(2) of the Prosecution of Offences Act 1985—...

82In section 7A(5) of that Act, in the definition of...

83(1) Section 19(3C) of that Act is amended as follows....

Housing Act 1985 (c. 68)

84In section 84A(5) of the Housing Act 1985, after “section...

85In Schedule 3 to that Act, under Ground 2A, in...

Surrey Act 1985 (c. iii)

86In section 2(1) of the Surrey Act 1985, in the...

Clwyd County Council Act 1985 (c. xliv)

87In section 2(1) of the Clwyd County Council Act 1985,...

Insolvency Act 1986 (c. 45)

88In section 281(4A) of the Insolvency Act 1986, for “section...

Criminal Justice Act 1988 (c. 33)

89(1) Section 36 of the Criminal Justice Act 1988 is...

90In section 139 of that Act, after subsection (6) insert—...

91In section 139A of that Act, before subsection (6) insert—...

92In section 139AA of that Act, after subsection (6) insert—...

93In section 159(1)(aa) of that Act, after “by the Crown...

Firearms (Amendment) Act 1988 (c. 45)

94(1) Section 1 of the Firearms (Amendment) Act 1988 is...

Copyright, Designs and Patents Act 1988 (c. 48)

95In section 108(6) of the Copyright, Designs and Patents Act...

96In section 199(6) of that Act, for “section 143 of...

Housing Act 1988 (c. 50)

97In Schedule 2 to the Housing Act 1988, under Condition...

Road Traffic Act 1988 (c. 52)

98In section 164(5) of the Road Traffic Act 1988, for...

Road Traffic Offenders Act 1988 (c. 53)

99(1) Section 26 of the Road Traffic Offenders Act 1988...

100(1) Section 34 of that Act is amended as follows....

101(1) Section 35 of that Act is amended as follows....

102(1) Section 35A of that Act is amended as follows....

103In section 37(1B) of that Act, in paragraph (c) insert...

104In section 42(3B) of that Act, in paragraph (c) insert...

105(1) Section 46 of that Act is amended as follows....

106In section 47(2ZA) of that Act, for paragraph (c) substitute—...

Football Spectators Act 1989 (c. 37)

107In section 14A(5) of the Football Spectators Act 1989, for...

Children Act 1989 (c. 41)

108(1) Section 21 of the Children Act 1989 is amended...

109In section 31(7)(b)(ii) of that Act, for “the meaning of...

110In section 104 of that Act— (a) in subsection (3A),...

111In section 105(6)(ba) of that Act, for “Part 1 of...

112(1) Schedule A1 to that Act is amended as follows....

113In Schedule 2 to that Act, in paragraph 21(7), at...

114(1) Schedule 3 to that Act is amended as follows....

115In Schedule 8 to that Act, in paragraph 3(a), for...

Environmental Protection Act 1990 (c. 43)

116(1) Section 33B of the Environmental Protection Act 1990 is...

117In section 33C(8) of that Act, for “section 143 of...

118In section 59(8A), for “a compensation order has been made...

119In section 59ZB(10), for “a compensation order has been made...

Criminal Justice Act 1991 (c. 53)

120(1) Section 24 of the Criminal Justice Act 1991 is...

121(1) In Schedule 3 to that Act, paragraph 11 is...

Social Security Administration Act 1992 (c. 5)

122In section 121(2) of the Social Security Administration Act 1992,...

Aggravated Vehicle-Taking Act 1992 (c. 11)

123In section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992, for...

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

124In section 1AB(2) of the Prisoners and Criminal Proceedings (Scotland)...

125(1) Section 10 of that Act is amended as follows....

Vehicle Excise and Registration Act 1994 (c. 22)

126In section 32(1)(a) of the Vehicle Excise and Registration Act...

127In section 41(1)(a) of that Act, for “section 12 of...

Criminal Justice and Public Order Act 1994 (c. 33)

128In section 15 of the Criminal Justice and Public Order...

129In section 25(5) of that Act, in paragraph (a) of...

130In section 136(7A) of that Act— (a) for “Schedule 1...

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

131In Schedule 3 to the Goods Vehicles (Licensing of Operators)...

Criminal Procedure (Scotland) Act 1995 (c. 46)

132In section 222(8) of the Criminal Procedure (Scotland) Act 1995,...

133(1) Schedule 13 to that Act is amended as follows....

London Local Authorities Act 1995 (c. x)

134In section 26(1) of the London Local Authorities Act 1995,...

Criminal Procedure and Investigations Act 1996 (c. 25)

135In the Criminal Procedure and Investigations Act 1996, in the...

136(1) Section 58 of that Act is amended as follows....

137In section 59(1) of that Act, in paragraphs (a) and...

138In section 79 of that Act, after subsection (3) insert—...

139Omit sections 58 to 60 and section 61(1) to (3)...

140In Schedule 4 to that Act omit paragraphs 23 and...

Housing Act 1996 (c. 52)

141In section 179(5) of the Housing Act 1996, in paragraph...

Education Act 1996 (c. 56)

142(1) Section 562 of the Education Act 1996 is amended...

Social Security (Recovery of Benefits) Act 1997 (c. 27)

143In Schedule 1 to the Social Security (Recovery of Benefits)...

Protection from Harassment Act 1997 (c. 40)

144In section 5A of the Protection from Harassment Act 1997,...

Crime (Sentences) Act 1997 (c. 43)

145In section 28(8A) of the Crime (Sentences) Act 1997, at...

146In section 34(2) of that Act— (a) in paragraph (b),...

147In section 35(1)(b) of that Act, for “section 89 of...

148In section 40(1)(b) of that Act, for “section 89 of...

149(1) Schedule 1 to that Act is amended as follows....

Police Act 1997 (c. 50)

150In section 113CA(2)(fa) of the Police Act 1997—

151In section 113CB(2)(fa) of that Act— (a) after “under section...

Crime and Disorder Act 1998 (c. 37)

152(1) Section 8 of the Crime and Disorder Act 1998...

153(1) Section 9 of the CDA 1998 is amended as...

154In section 38(4) of the CDA 1998—

155(1) Section 41(5) of the CDA 1998 is amended as...

156(1) Section 51A of the CDA 1998 is amended as...

157In section 66ZB(6)(a) of the CDA 1998, for “section 12(1)(b)...

158In section 66F(a) of the CDA 1998, for “section 12(1)(b)...

159In section 117(1) of the CDA 1998, in the definition...

160(1) Schedule 3 to the CDA 1998 is amended as...

Youth Justice and Criminal Evidence Act 1999 (c. 23)

161In Schedule 2 to the Youth Justice and Criminal Evidence...

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

162In section 60(1)(b) of the Powers of Criminal Courts (Sentencing)...

163In section 108(1) of that Act, for “section 89(1) above”...

164In the italic heading before section 139 of that Act,...

165(1) Section 139 of that Act is amended as follows....

166(1) Section 140 of that Act is amended as follows....

167(1) Section 142(1) of that Act is amended as follows....

168(1) Section 163 of that Act is amended as follows....

169In section 164 omit subsection (3).

170(1) Schedule 5 to that Act is amended as follows....

Terrorism Act 2000 (c. 11)

171In section 23A(4) of the Terrorism Act 2000—

172In Schedule 4 to that Act— (a) in paragraph 1,...

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

173In section 62(5) of the Criminal Justice and Court Services...

174In section 62A(4)(b) of that Act, after “section 91 of...

175In section 64(5) of that Act— (a) in paragraph (c),...

176In section 64A(8) of that Act, in the definition of...

Social Security Fraud Act 2001 (c. 11)

177In section 6B(14)(b)(ii) of the Social Security Fraud Act 2001,...

Criminal Justice and Police Act 2001 (c. 16)

178In section 3(2A) of the Criminal Justice and Police Act...

International Criminal Court Act 2001 (c. 17)

179In Schedule 7 to the International Criminal Court Act 2001,...

Anti-terrorism, Crime and Security Act 2001 (c. 24)

180(1) In Schedule 1 to the Anti-terrorism, Crime and Security...

Proceeds of Crime Act 2002 (c. 29)

181In section 6(2)(b) of the Proceeds of Crime Act 2002...

182(1) Section 13 of the POCA 2002 is amended as...

183In section 14(12) of the POCA 2002—

184In section 15(2) and (3) of the POCA 2002—

185(1) Section 19 of the POCA 2002 is amended as...

186(1) Section 20 of the POCA 2002 is amended as...

187In section 21(9) of the POCA 2002—

188In section 22(5) of the POCA 2002—

189In section 27(2)(b) of the POCA 2002, for “section 3,...

190In section 32(7) of the POCA 2002—

191In section 33(9) of the POCA 2002—

192(1) Section 35 of the POCA 2002 is amended as...

193(1) Section 38 of the POCA 2002 is amended as...

194(1) Section 39 of the POCA 2002 is amended as...

195In section 70(5) of the POCA 2002—

196In section 82(2)(d) of the POCA 2002, for “the Sentencing...

197In section 118(2C) and (2D)(b) of the POCA 2002, for...

198In section 148(2)(d) of the POCA 2002, after “section 143...

199In section 230(2)(d) of the POCA 2002, after “section 143...

200(1) Section 308 of the POCA 2002 is amended as...

Railways and Transport Safety Act 2003 (c. 20)

201In section 11(4)(a) of the Railways and Transport Safety Act...

Crime (International Co-operation) Act 2003 (c. 32)

202In section 54(3A)(c) of the Crime (International Co-operation) Act 2003,...

Courts Act 2003 (c. 39)

203In Schedule 5 to the Courts Act 2003, in paragraph...

Extradition Act 2003 (c. 41)

204In section 153(4) of the Extradition Act 2000, for paragraph...

Sexual Offences Act 2003 (c. 42)

205In section 88(4)(c) of the Sexual Offences Act 2003 (“the...

206In section 89(1) of the SOA 2003, in the entry...

207In section 91A(2)(b) of the SOA 2003, at the end...

208In section 103C(6) of the SOA 2003, after “another),” insert...

209In section 113(1ZA) of the SOA 2003, at the end...

210In section 131 of the SOA 2003—

211In section 133(1) of the SOA 2003—

212In section 134(1)(a) of the SOA 2003, for “section 14(1)...

213In section 136ZA(1)(a) of the SOA 2003, after “order” insert...

214In section 136ZB of the SOA 2003, after subsection (2)...

215(1) Section 137 of the SOA 2003 is amended as...

216In Schedule 3 to the SOA 2003, in paragraph 96(a),...

Criminal Justice Act 2003 (c. 44)

217In section 221(2) of the Criminal Justice Act 2003 (“the...

218(1) Section 237 of the CJA 2003 is amended as...

219(1) Section 240ZA of the CJA 2003 is amended as...

220(1) Section 240A of the CJA 2003 is amended as...

221(1) Section 241 of the CJA 2003 is amended as...

222(1) Section 243 of the CJA 2003 is amended as...

223(1) Section 244A of the CJA 2003 is amended as...

224(1) Section 246 of the CJA 2003 is amended as...

225(1) Section 246A of the CJA 2003 is amended as...

226(1) Section 247A of the CJA 2003 (inserted by section...

227(1) Section 250 of the CJA 2003 is amended as...

228In section 255A(7) of the CJA 2003—

229(1) Section 256AA of the CJA 2003 is amended as...

230In section 256AB(2) of the CJA 2003, for “section 200A(5)...

231(1) Section 256AC of the CJA 2003 is amended as...

232(1) Section 256B of the CJA 2003 is amended as...

233In section 258(3A) of the CJA 2003, for “the Sentencing...

234In section 260(2A) of the CJA 2003—

235In section 263(4) of the CJA 2003, for “the Sentencing...

236(1) Section 264 of the CJA 2003 is amended as...

237Before section 264B of the CJA 2003 insert— Consecutive terms:...

238In section 268(1A) of the CJA 2003—

239In section 273(3) of the CJA 2003, for paragraphs (a)...

240In section 274(2) of the CJA 2003, for the words...

241(1) Section 300 of the CJA 2003 is amended as...

242In section 301(1)(b) of the CJA 2003, for “section 89...

243(1) Section 305(1) of the CJA 2003 is amended as...

244In section 327(3)(b) of the CJA 2003—

245(1) Schedule 15 to the CJA 2003 is amended as...

246(1) Schedule 15B to the CJA 2003 is amended as...

247In Schedule 19ZA to the CJA 2003, in the heading...

248(1) Schedule 19A to the CJA 2003 is amended as...

249(1) Schedule 31 to the CJA 2003 is amended as...

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

250In Schedule 10 to the Health and Social Care (Community...

Domestic Violence, Crime and Victims Act 2004 (c. 28)

251In section 6(5) of the Domestic Violence, Crime and Victims...

252(1) Section 45 of that Act is amended as follows....

Constitutional Reform Act 2005 (c. 4)

253In Schedule 7 to the Constitutional Reform Act 2005, in...

Serious Organised Crime and Police Act 2005 (c. 15)

254In section 73(1) of the Serious Organised Crime and Police...

255In section 74(1) of that Act, after “This section applies...

Government of Wales Act 2006 (c. 32)

256In Schedule 1A to the Government of Wales Act 2006,...

Wireless Telegraphy Act 2006 (c. 36)

257In Schedule 5 to the Wireless Telegraphy Act 2006, in...

Violent Crime Reduction Act 2006 (c. 38)

258(1) Section 29 of the Violent Crime Reduction Act 2006...

259In section 47(11) of that Act, in the definition of...

Safeguarding Vulnerable Groups Act 2006 (c. 47)

260In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006,...

Offender Management Act 2007 (c. 21)

261(1) Section 1(4) of the Offender Management Act 2007 is...

262In section 4(3) of that Act— (a) in paragraph (a),...

263In section 28(3) of that Act— (a) in paragraph (a),...

Serious Crime Act 2007 (c. 27)

264In section 36(5) of the Serious Crime Act 2007, for...

London Local Authorities Act 2007 (c. ii)

265In section 8 of the London Local Authorities Act 2007,...

Criminal Justice and Immigration Act 2008 (c. 4)

266(1) Section 39 of the Criminal Justice and Immigration Act...

267In section 46 of that Act, for subsection (2) substitute—...

268In section 80(5) of that Act— (a) in paragraph (b),...

269In section 117(1) of that Act, in paragraph (a) of...

270(1) Schedule 7 to that Act is amended as follows....

Education and Skills Act 2008 (c. 25)

271In section 55(1) of the Education and Skills Act 2008,...

272In section 56(7)(b)(ii) of that Act, for “section 137(1) or...

Counter-Terrorism Act 2008 (c. 28)

273(1) Section 30 of the Counter-Terrorism Act 2008 is amended...

274(1) Section 42 of that Act is amended as follows....

275In section 45(1)(a) of that Act— (a) in sub-paragraph (iv),...

276In Schedule 6 to that Act— (a) in paragraph 2(1),...

Coroners and Justice Act 2009 (c. 25)

277In section 120(3)(a) of the Coroners and Justice Act 2009,...

278In section 121(7) of that Act— (a) in paragraph (a),...

279In section 131(5) of that Act— (a) in paragraph (a),...

280In section 136 of that Act, in the definition of...

281In section 158(3)(a) of that Act, for “section 14(1) of...

282In section 164(3)(d) of that Act, after “section 143 of...

Localism Act 2011 (c. 20)

283In Schedule 14 to the Localism Act 2011, in paragraph...

Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

284In section 23(5)(a) of the Terrorism Prevention and Investigation Measures...

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

285In section 94(8) of the Legal Aid, Sentencing and Punishment...

286In section 99(10) of that Act, for “section 76(1) of...

287In section 102(2)(d) of that Act, for “order under section...

288(1) Section 128(6) of that Act is amended as follows....

289(1) Schedule 1 to that Act is amended as follows....

Prevention of Social Housing Fraud Act 2013 (c. 3)

290In section 4(12) of the Prevention of Social Housing Fraud...

Counter-Terrorism and Security Act 2015 (c. 6)

291In section 10(6)(a) of the Counter-Terrorism and Security Act 2015,...

292In section 44(2) of that Act, at the end insert—...

Modern Slavery Act 2015 (c. 30)

293(1) Section 10 of the Modern Slavery Act 2015 is...

294In section 34(3)(a) of that Act, for “section 14(1) of...

Psychoactive Substances Act 2016 (c. 2)

295(1) Section 6 of the Psychoactive Substances Act 2016 is...

296In section 32(6)(a) of that Act, for paragraph (a) substitute—...

Data Protection Act 2018 (c. 12)

297In Schedule 18 to the Data Protection Act 2018, in...

Stalking Protection Act 2019 (c. 9)

298In section 8(4) of the Stalking Protection Act 2019, for...

Offensive Weapons Act 2019 (c. 17)

299In section 8(9) of the Offensive Weapons Act 2019, for...

300In section 23(10) of that Act, for “2003” substitute “...

Coronavirus Act 2020 (c. 7)

301(1) Schedule 23 to the Coronavirus Act 2020 is amended...

302In Schedule 24 to that Act, after paragraph 13 insert—...

PART 2Acts of Senedd Cymru

Social Services and Well-being (Wales) Act 2014 (anaw 4)

303(1) Section 77 of the Social Services and Well-being (Wales)...

304(1) In section 188(1) of the English language text of...

305(1) In section 194(6)(c) of the English language text of...

306(1) In Schedule 1 to the English language text of...

Housing (Wales) Act 2014 (anaw 7)

307(1) In section 70(1)(j)(i) of the English language text of...

308(1) In section 99 of the English language text of...

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)

309(1) In section 120(6) of the English language text of...

PART 3Acts of the Scottish Parliament

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)

310In section 34(2)(b)(i) of the Human Trafficking and Exploitation (Scotland)...

Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22)

311In section 37(5) of the Abusive Behaviour and Sexual Harm...

Management of Offenders (Scotland) Act 2019 (asp 14)

312If section 18 of the Management of Offenders (Scotland) Act...

PART 4Northern Ireland legislation

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

313In Article 6(1)(g)(iii) of the Rehabilitation of Offenders (Northern Ireland)...

Recovery of Health Services Charges (Northern Ireland) Order 2006 (S.I. 2006/1944 (N.I. 13))

314In Schedule 1 to the Recovery of Health Services Charges...

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))

315In Schedule 3 to the Human Trafficking and Exploitation (Criminal...

PART 5Secondary legislation

Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335)

316(1) Regulation 14 of the Costs in Criminal Cases (General)...

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

317In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991,...

Jobseeker's Allowance Regulations 1996 (S.I. 1996/207)

318In regulation 13(3A)(a) of the Jobseeker's Allowance Regulations 1996, after...

Police (Property) Regulations 1997 (S.I. 1997/1908)

319In regulation 5(1) of the Police (Property) Regulations 1997, for...

320In regulation 7(3) of those Regulations, for “section 145 of...

Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997 (S.I. 1997/2588)

321In article 3(b) of the Merchant Shipping (Oil Pollution) (South...

Prison Rules 1999 (S.I. 1999/728)

322In rule 57(2) of the Prison Rules 1999, after “section...

Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)

323In article 2 of the Youth Justice Board for England...

324(1) Article 4(2) of that Order is amended as follows....

Magistrates' Courts Warrants (Specification of Provisions) Order 2000 (S.I. 2000/3278)

325In Article 2 of the Magistrates' Courts Warrants (Specification of...

Young Offender Institution Rules 2000 (S.I. 2000/3371)

326In rule 5(7)(a) of the Young Offender Institution Rules 2000,...

327In rule 5A(2)(b)(iii) of those rules, after “section 100 of...

328In rule 60(1)(f) of those Rules, after “section 100 of...

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

329In regulation 31I(3)(c) of the Representation of the People (England...

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

330In regulation 31I(3)(c) of the Representation of the People (Scotland)...

Child Tax Credit Regulations 2002 (S.I. 2002/2007)

331In regulation 2(1) of the Child Tax Credit Regulations 2002,...

Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051)

332In article 5(3) of the Homelessness (Priority Need for Accommodation)...

Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 (S.I. 2003/336)

333In the Schedule to the Proceeds of Crime Act 2002...

Guardian's Allowance (General) Regulations 2003 (S.I. 2003/495)

334In regulation 7(1)(a) of the Guardian's Allowance (General) Regulations 2003,...

Magistrates' Courts (Parenting Orders) Rules 2004 (S.I. 2004/247)

335In rule 7 of the Magistrates' Courts (Parenting Orders) Rules...

336In rule 8 of those Rules, for “paragraph 9D of...

337In rule 9 of those Rules, for “paragraph 9D of...

Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)

338In Schedule 2 to the Criminal Justice Act 2003 (Commencement...

Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181)

339(1) Article 141F of the Proceeds of Crime Act 2002...

340(1) Article 141ZE of that Order is amended as follows....

341(1) Article 205 of that Order is amended as follows....

342In Schedule 5 to that Order, after the entry referring...

National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361)

343In regulation 2(1) of the National Health Service (General Dental...

National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373)

344In regulation 2(1) of the National Health Service (Personal Dental...

National Health Service (Dental Charges) Regulations 2005 (S.I. 2005/3477)

345In regulation 2(1) of the National Health Service (Dental Charges)...

Child Benefit (General) Regulations 2006 (S.I. 2006/223)

346In regulation 1(3) of the Child Benefit (General) Regulations 2006,...

National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 (S.I. 2006/489 (W.58))

347In regulation 2(1) of the National Health Service (Personal Dental...

National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 (S.I. 2006/490 (W.59))

348In regulation 2(1) of the National Health Service (General Dental...

National Health Service (Dental Charges) (Wales) Regulations 2006 (S.I. 2006/491 (W.60))

349In regulation 2(1) of the National Health Service (Dental Charges)...

Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116)

350In Schedule 1 to the Criminal Justice Act 1988 (Reviews...

Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (S.I. 2006/2135)

351In article 2(b) of the Serious Organised Crime and Police...

352In article 3(4) of that Order, for “section 74(8) of...

353(1) Article 4 of that Order is amended as follows....

354In article 5(2) of that Order, for “section 74 of...

355In article 9 of that Order— (a) in paragraph (1)(b),...

356In article 11(1)(b) of that Order, for “section 74(8) of...

357In article 15(1) of that Order, for “section 74(8) of...

National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (S.I. 2007/121 (W.11))

358(1) In regulation 2(1) of the English language text of...

Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174)

359In Schedule 1 to the Criminal Defence Service (Funding) Order...

360(1) Schedule 2 to that Order is amended as follows....

361In Schedule 5 to that Order, in paragraph 1(4)(e), for...

Community Order (Review by Specified Courts) Order 2007 (S.I. 2007/2162)

362In article 1 of the Community Order (Review by Specified...

363In article 3(2) of that Order— (a) for “under section...

364(1) Article 4 of that Order is amended as follows....

Immigration (Disposal of Property) Regulations 2008 (S.I. 2008/786)

365In regulation 4(1)(a) and (b) of the Immigration (Disposal of...

Employment and Support Allowance Regulations 2008 (S.I. 2008/794)

366In regulation 160(5) of the Employment and Support Allowance Regulations...

Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186)

367In regulation 2(1) of the Primary Ophthalmic Services Regulations 2008,...

Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741)

368In regulation 38C(3)(c) of the Representation of the People (Northern...

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)

369In the Armed Forces Act 2006 (Transitional Provisions etc) Order...

370In Schedule 1 to that Order, in paragraph 45—

371In Schedule 2 to that Order, in paragraph 8(2), for...

Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209)

372In rule 31(3) of the Armed Forces (Service Civilian Court)...

373In rule 96(3)(b) of those Rules, for “paragraph 21 of...

374(1) Rule 101 of those Rules is amended as follows....

375(1) Rule 102 of those Rules is amended as follows....

376(1) Rule 104 of those Rules is amended as follows....

377(1) Rule 105 of those Rules is amended as follows....

378(1) Rule 106 of those Rules is amended as follows....

379In Schedule 2 to those Rules, in paragraph 15(2), for...

Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212)

380In regulation 3A of the Armed Forces (Financial Penalty Enforcement...

Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 (S.I. 2009/1887)

381(1) Schedule 1 to the Community Care, Services for Carers...

382In Schedule 2 to those Regulations, in paragraph (e)—

Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (S.I. 2009/1922)

383In article 15F(6)(a) of the Police and Criminal Evidence Act...

Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041)

384In rule 2(2) of the Armed Forces (Court Martial) Rules...

385(1) Rule 3 of those Rules is amended as follows....

386In rule 44(3) of those Rules, for “paragraph 23 of...

387In rule 114(5)(b) of those Rules, for “paragraph 23 of...

388(1) Rule 131 of those Rules is amended as follows....

389In rule 134(2)(c)(ii) of those Rules, for “section 105(2) of...

390(1) Rule 140 of those Rules is amended as follows....

391(1) Rule 141 of those Rules is amended as follows....

392(1) Rule 142 of those Rules is amended as follows....

393(1) Rule 143 of those Rules is amended as follows....

394(1) Rule 144 of those Rules is amended as follows....

395In Schedule 2 to those Rules, in paragraph 17(2), for...

Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042)

396In regulation 3 of the Armed Forces (Civilian Courts Dealing...

397Omit regulation 4 of those Regulations.

398After regulation 9 insert— Modification of section 64 of the...

399(1) Regulation 10 is amended as follows.

Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009 (S.I. 2009/3074)

400In article 4 of the Criminal Justice and Immigration Act...

Child Minding and Day Care (Disqualification) (Wales) Regulations 2010 (S.I. 2010/1703 (W.163))

401(1) In regulation 3(9)(d) of the English language text of...

Visits to Former Looked After Children in Detention (England) Regulations 2010 (S.I. 2010/2797)

402In regulation 3(d) of the Visits to Former Looked After...

Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862)

403(1) Schedule 1 to the Disabled People's Right to Control...

Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696)

404In article 1 of the Criminal Justice Act 2003 (Surcharge)...

405In article 2 of that Order, for “Section 161A(1) of...

406In the following provisions of that Order, for “section 161A...

407(1) The Schedule to that Order is amended as follows....

Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677)

408In regulation 64(4)(a) of the Child Support Maintenance Calculation Regulations...

National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996)

409In regulation 2(1) of the National Health Service Commissioning Board...

Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9)

410(1) Regulation 9 of the Criminal Legal Aid (General) Regulations...

411In regulation 12(2)(d)(ii) of those Regulations, after “Chapter 2 of...

National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 (S.I. 2013/350)

412In regulation 1(2) of the National Health Service (Clinical Commissioning...

Employment and Support Allowance Regulations 2013 (S.I. 2013/379)

413In regulation 96(6)(c) of the Employment and Support Allowance Regulations...

Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435)

414In Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations...

415(1) Schedule 2 to those Regulations is amended as follows....

416In Schedule 4 to those Regulations, in paragraph 5(3)(b)(v), for...

National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461)

417In regulation 1(2) of the National Health Service (Optical Charges...

National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617)

418(1) The Schedule to the National Health Service (Direct Payments)...

Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014 (S.I. 2014/669)

419In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible...

420In article 5 of that Order, for “paragraph 26(5) of...

Offender Management Act 2007 (Approved Premises) Regulations 2014 (S.I. 2014/1198)

421In regulation 4 of the Offender Management Act 2007 (Approved...

Special Educational Needs (Personal Budgets) Regulations 2014 (S.I. 2014/1652)

422(1) The Schedule to the Special Educational Needs (Personal Budgets)...

Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014 (S.I. 2014/1977)

423In regulation 2(3)(a) of the Independent Educational Provision in England...

Care and Support (Direct Payments) Regulations 2014 (S.I. 2014/2871)

424(1) Schedule 1 to the Care and Support (Direct Payments)...

Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300)

425In regulation 13(2) of the Criminal Justice (European Protection Order)...

426(1) Regulation 17 of those regulations is amended as follows....

State Pension Regulations 2015 (S.I. 2015/173)

427In regulation 3(2)(c) of the State Pension Regulations 2015, for...

National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570)

428In regulation 11(3) of the National Health Service (Charges for...

Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I. 2015/796)

429In regulation 1(2) of the Prosecution of Offences Act 1985...

430(1) Regulation 2 of those regulations is amended as follows....

431In regulation 4 of those Regulations, for “section 21E(4) of...

Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015 (S.I. 2015/1265 (W.85))

432(1) In regulation 2(j)(i) of the English language text of...

Care and Support (Direct Payments) (Wales) Regulations 2015 (S.I. 2015/1815 (W.260))

433(1) The Schedule to the Care and Support (Direct Payments)...

Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298))

434(1) In regulation 14(a) of the English language text of...

Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961)

435In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible...

Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017 (S.I. 2017/235)

436In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible...

Bereavement Support Payment Regulations 2017 (S.I. 2017/410)

437In regulation 7(2)(c) of the Bereavement Support Payment Regulations 2017,...

Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018 (S.I. 2018/210)

438In article 3 of the Criminal Justice Act 2003 (Alcohol...

Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (S.I. 2018/794)

439In Schedule 1 to the Childcare (Disqualification) and Childcare (Early...

Social Workers Regulations 2018 (S.I. 2018/893)

440In regulation 2(1) of the Social Workers Regulations 2018, in...

Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158)

441In article 5(c) of the Release of Prisoners (Alteration of...

PART 6Amendment of provisions referring to section 154 of Criminal Justice Act 2003

Primary legislation

442In section 255ZA(6) of the Criminal Justice Act 2003, for...

443(1) In the following provisions, for “section 154(1) of the...

444In the following provisions, for “section 154(1) of that Act”...

445In the following provisions, for “section 154 of the Criminal...

Secondary legislation

446(1) In the following provisions, for “section 154(1) of the...

PART 7Commencement

447The following provisions of this Schedule, which relate to dealing...

SCHEDULE 25Amendments to the Armed Forces Act 2006

PART 1Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

1Chapter 1 of Part 8 of the Armed Forces Act...

2After section 177 insert— Effect of service compensation order on...

3(1) Section 178 (service community orders) is amended as follows....

4For section 179 (periodic review etc of service community orders)...

5For section 180 (transfer of service community order to Scotland...

6For section 181 (breach, revocation or amendment of service community...

7(1) Section 182 (overseas community orders) is amended as follows....

8For section 183 (overseas community orders: modifications of 2003 Act)...

9In section 184 (breach, revocation or amendment of overseas community...

10Omit Schedule 5 (breach, revocation and amendment of community punishments)....

11(1) Schedule 6 (overseas community orders) is amended as follows....

12After Schedule 6, insert— SCHEDULE 6A Breach, revocation and amendment...

13In section 185 (conditional or absolute discharge), in subsection (2)(b),...

PART 2Amendments to Chapter 2 of Part 8: consecutive sentences

14Chapter 2 of Part 8 of the Armed Forces Act...

15(1) Section 188 (consecutive sentences) is amended as follows.

PART 3Amendments to Chapter 4 of Part 8: suspended sentence orders

16Chapter 4 of Part 8 of the Armed Forces Act...

17In the Chapter heading, for “under 12 Months” substitute “...

18Omit section 196 (and the italic heading before it).

19For section 200 substitute— Suspended sentence orders (1) In the following provisions of the Sentencing Code, “court”...

20In section 202 (order with community requirements: disapplication of certain...

21For section 203 (review of order with community requirements), substitute—...

22For section 204 (transfer to Scotland or Northern Ireland of...

23Omit section 205.

24Omit section 206.

25For section 207 (definitions for purposes of Chapter) substitute— Definitions...

26For Schedule 7 (suspended prison sentence: further conviction or breach...

PART 4Amendments to Chapter 5 of Part 8: custodial sentences for young offenders

27Chapter 5 of Part 8 of the Armed Forces Act...

28In section 208 (prohibition on imposing imprisonment on people under...

29(1) Section 209 (offenders under 18 convicted of certain serious...

30After section 210 insert— Offenders under 21: offences other than...

31In section 211 (offenders under 18: detention and training orders)—...

32(1) Section 212 (term of detention and training order: general)...

33(1) Section 213 (application of provisions relating to civilian detention...

34(1) Section 214 (offences during currency of detention and training...

35In section 215 (section 214: definitions etc)—

PART 5Amendments to Chapter 6 of Part 8: sentences for certain offences

36Chapter 6 of Part 8 of the Armed Forces Act...

37In section 217 (mandatory life imprisonment), for subsection (2) substitute—...

38(1) Section 218A (life sentence for second listed offence) is...

39(1) Section 219 (life sentence for certain dangerous offenders aged...

40(1) Section 219A (extended sentences for certain violent, sexual or...

41(1) Section 221 (life sentence for certain dangerous offenders aged...

42(1) Section 221A (extended sentence for certain violent, sexual or...

43(1) Section 223 (the “required opinion” for the purposes of...

44For section 224 (place of detention under certain sentences), substitute—...

45(1) Section 224A (special custodial sentence for certain offenders of...

46In section 225 (third drug trafficking offence)—

47In section 226 (third domestic burglary)— (a) in subsection (1)(b),...

48(1) Section 227 (firearms offences) is amended as follows.

49(1) Section 227A (offences of threatening with a weapon on...

50(1) Section 228 (appeals where previous convictions set aside) is...

PART 6Amendments to Part 9: sentencing: principles and procedures

51Part 9 of the Armed Forces Act 2006 is amended...

52In section 237 (duty to have regard to purposes of...

53In section 238 (deciding the seriousness of an offence), at...

54In section 239 (reduction in sentences for guilty pleas)—

55In section 246 (crediting of time in service custody: terms...

56In section 247 (crediting of time in service custody: supplementary),...

57In section 257 (pre-sentence reports: supplementary)— (a) in subsection (1),...

58In section 260 (discretionary custodial sentences: general restrictions)—

59In section 261 (length of discretionary custodial sentences: general provision),...

60After section 261, insert— Life sentences: further provision (1) In Chapter 8 of Part 10 of the Sentencing...

61In section 262 (power to recommend licence conditions), for “section...

62After section 262, insert— Conversion of sentence of detention to...

63In section 263 (restriction on imposing custodial sentence or service...

64In section 269A (fines: fixing of term of imprisonment for...

65In section 269B (service compensation orders: power to set maximum...

66In section 270 (community punishments: general restrictions), in subsection (2A)—...

67In section 270A (exception to restrictions on community punishments), in...

68In section 271 (civilian courts dealing with service offences), in...

PART 7Miscellaneous further amendments

Amendment to Part 7 (trial by Court Martial)

69In section 164(3), for “under 12 months” substitute “ two...

Amendments to Part 10 (Court Martial decisions: appeal and review)

70In section 273 (review of unduly lenient sentence by Court...

Amendments to Part 11 (The Service Civilian Court)

71(1) Section 283 (imprisonment: maximum term) is amended as follows....

72In section 284 (fines and compensation: maximum amounts), in subsection...

Amendments to Part 12 (service and effect of certain sentences)

73In section 294 (rank or rate of WOs and NCOs...

74In section 302 (remission of certain sentences on passing of...

75In section 304 (sentences passed by civilian courts), in subsection...

Amendments to Part 13 (discipline: miscellaneous and supplementary)

76In section 305 (random drug testing), in subsection (5), for...

77In section 322 (financial penalty enforcement orders), in subsection (4),...

Amendments to Part 19 (supplementary)

78(1) Section 374 (definitions applying for purposes of whole Act)...

SCHEDULE 26Further amendments of the Armed Forces Act 2006

1The Armed Forces Act 2006 is amended as follows.

2In section 179(3) (review of service community order imposing drug...

3In section 181(3) (breach, revocation or amendment of service community...

4In section 203(4) (review of suspended sentence order with community...

5In paragraph 13 of Schedule 7 (suspended sentence orders: breach...

6In section 208 (prohibition on imposing imprisonment on people under...

7In section 209 (offenders under 18 convicted of certain serious...

8Omit sections 210A and 210B.

9In section 211 (offenders under 18: detention and training orders),...

10In section 212 (term of detention and training order: general),...

11In section 217 (mandatory life imprisonment), for subsections (2) to...

12(1) In section 218A (life sentence for second listed offence)—...

13In section 219 (life sentence for certain dangerous offenders aged...

14In section 219A (extended sentence for certain violent or sexual...

15In section 224A (special custodial sentence for certain offenders of...

15AIn section 225 (third drug trafficking offence), after subsection (1)...

15BIn section 226 (third domestic burglary), after subsection (1) insert—...

16In section 227A (offences of threatening with a weapon in...

17In section 237 (duty to have regard to purposes of...

18In section 239 (reduction in sentences for guilty pleas), in...

19In section 260 (discretionary custodial sentences: general restrictions)—

20In section 261 (length of discretionary custodial sentences: general provision),...

21In section 262A (conversion of sentence of detention to sentence...

22In section 263 (restriction on imposing custodial sentence or service...

23In section 273 (review of unduly lenient sentence by Court...

24In section 283 (imprisonment: maximum term)— (a) in subsection (1),...

25In section 305 (random drug testing), in subsection (5), for...

26In section 377, at the end insert—

SCHEDULE 27Transitional provisions and savings

PART 1Continuity of the law

Continuity of the law: general

1The substitution of the Sentencing Code for the provisions repealed...

Subordinate legislation etc

2Any subordinate legislation, code of practice, guidance, accreditation, arrangement, notice...

References to provisions of the Sentencing Code

3(1) A reference (express or implied) to a provision of...

References to provisions repealed by this Act

4A reference (express or implied) to a provision repealed by...

Relationship with Interpretation Act 1978

5Paragraphs 1 to 4 have effect instead of section 17(2)...

6In this Part— “document” means any document whenever made, served...

PART 2Referral orders

7(1) This paragraph applies where— (a) a court makes a...

PART 3Youth rehabilitation orders

8In relation to an offence committed before 3 December 2012,...

Restriction on imposing local authority residence or fostering requirement without legal representation

9In relation to a pre-commencement case (within the meaning of...

Associated offences: offender convicted before and on or after commencement date

10(1) This paragraph applies where— (a) a court imposes a...

PART 4Custodial sentences

Detention for breaching DTO supervision requirement

11(1) Section 104B (interaction of orders under section 104(3)(a) with...

Restriction on making community order etc and suspended sentence order

12(1) In section 203 (restriction on making community order and...

Making detention and training order where offender subject to other order

13(1) In section 237 (making detention and training order where...

14In section 239 (period on remand etc: effect on term...

Special custodial sentences for offenders of particular concern

15(1) This paragraph applies where— (a) a court is dealing...

Special custodial sentences for offenders of particular concern: armed forces

16(1) This paragraph applies where— (a) the Court Martial is...

17A certificate given in accordance with subsection (1), (1A), (2)...

18A certificate by a court under section 232A of the...

Restriction on imposing custodial sentence without legal representation

19In relation to a pre-commencement case (within the meaning of...

PART 5Miscellaneous

Validity of provision deriving from secondary legislation

20Any question as to the validity of paragraph 30 of...

Powers to make consequential etc provision

21On and after the commencement date, any power (however expressed)...

Exercise of powers in relation to pre-commencement offences

22(1) The following powers may, despite section 2, be exercised...

Exercise of powers to amend amounts

23(1) A reference in sub-paragraph (4) of paragraph 5 or...

Saving for list of offences applied for other purposes

24The repeal by Schedule 28 of section 224 of the...

Enforcement of High Court and Court of Appeal fines

25Anything done before the commencement date under a provision of...

Breach of restraining order made on acquittal

26In relation to an offence under section 5A of the...

Commencement and alteration of Crown Court sentence: legal aid

27(1) In paragraph (b) of the definition of “sentence” in...

SCHEDULE 28Repeals and revocations

SCHEDULE 29Repeals and revocations for England and Wales

Royal arms

Sentencing Act 2020

2020 CHAPTER 17

An Act to consolidate certain enactments relating to sentencing.

[22nd October 2020]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—