91 [F1(1)] In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)—E+W
(a)in paragraph (b) omit “or another member State”;
(b)at the end of paragraph (c) insert “ or ”;
(c)omit paragraph (e) (and the word “or” immediately before it).
[F2(2)After subsection (3) insert—
“(3A)If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—
(a)a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and
(b)a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.”.]
Textual Amendments
F1 Sch. 22 para. 91 renumbered as Sch. 22 para. 91(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(a)
F2Sch. 22 para. 91(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(9)(b)
Commencement Information
I1Sch. 22 para. 91 in force at 31.12.2020, see s. 417(9)