SCHEDULES

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

PART 6 E+W EU Exit

96 (1) Schedule 15 (life sentence for second offence: listed offences), F1 ... is amended as follows. E+W

[F2 (2) In paragraph 20—

(a) for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

(b) omit “This is subject to paragraph 23”.]

(3) Omit paragraphs 21 to 23.

(4) In the heading [F3 of Part 4], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F4 (5) After Part 4 insert—

“Part 4A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

23A. If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

(a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

(b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B. Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

(b) with the omission of paragraphs 23A(b).”

(6) In paragraph 24(1) of Part 5 insert—

• ““civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F1 Words in Sch. 22 para. 96(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(a)

F2 Sch. 22 para. 96(2) substituted (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(14)(b)

F3 Words in Sch. 22 para. 96(4) 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(14)(c)

F4 Sch. 22 para. 96(5)(6) 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(14)(d)

Commencement Information

I1 Sch. 22 para. 96 in force at 31.12.2020, see s. 417(9)