SCHEDULES

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

PART 5Custodial sentences

Age limit for imposing imprisonment

F136

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

(a)

in subsection (1)(b), omit—

(i)

“of detention in a young offender institution or”;

(ii)

“266 or”;

(b)

in subsection (1A), omit “268A or”.

37

In section F259(2) (sentencing guidelines: general duty of court)F3—

(a)

in paragraph (ga), for “sections 268B and” substitute “ section ”;

(b)

in paragraph (h), for “sections 273 and” substitute “ section ”.

38

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

(a)

in subsection (2), omit “, 268(2)”;

F4(aa)

in subsection (2B), omit “268C(2)(b) or”;

(b)

in subsection (3), omit “273 or”;

(c)

in subsection (4), omit “273(4) or”;

(d)

in subsection (8)—

(i)

in paragraph (a), at the end insert “ or ”;

(ii)

omit paragraph (c) (and the word “or” immediately before it).

F538A

In section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.

38B

In section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.

39

In section 129(5)(c) (fine imposed on offender by Crown Court: duty to make term in default order), omit “, custody for life or detention in a young offender institution”.

40

In section 166(5) (extension of disqualification where custodial sentence also imposed), in the table, omit F6entries 3, 4 and 4A.

F740A

In section 166(5A) (adaptation of disqualification period in certain terrorist cases), in paragraph (a), omit “, 4”;

41

In section 221 (overview of Part 10)—

(a)

omit subsection (3);

(b)

in subsection (4), omit “aged at least 21 at the time of conviction”.

42

In section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution)—

(a)

in subsection (1), for paragraphs (a) and (b) substitute “ imprisonment ”;

(b)

in subsection (2), omit “or detention in a young offender institution”;

(c)

in the heading, omit “or detention in a young offender institution”.

43

In section 226 (custodial sentence: restriction in certain cases where offender not legally represented)

F8(a)

, in subsection (2), for paragraphs (c) and (d) substituteor

(ba)

if the offender was aged at least 18 but under 21 when convicted, pass a sentence of imprisonment,

F9(b)

in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,".

44

In section 227 (restriction on imposing imprisonment on person under 21) in each of the following places, and in the heading to that section, for “under 21” substitute “ under 18 ” in each of the following—

(a)

subsection (1);

(b)

subsection (2);

(c)

subsection (3).

45

In section 230(3) (threshold for imposing discretionary custodial sentence), for “sections 273(4) and” substitute “ section ”.

46

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

(a)

in subsection (3), for “sections 273(4) and” substitute “ section ”;

(b)

in subsection (4), omit paragraph (b) (but not the word “or” immediately after it);

(c)

in subsection (6), omit “, 268(2)”.

F10(d)

in subsection (6A), for “sections 268C(2)(b) and” substitute “ section ”.

47

In section 236 (term of order, consecutive terms and taking account of remands)—

(a)

in subsection (2)(a) and (b), and

(b)

in subsection (2A)(b) (to be inserted by paragraph 29 of this Schedule),

for “21” substitute “ 18 ” (in each place).

48

In section 244 (interaction with sentences of detention in a young offender institution), in subsection (2), for paragraph (b) substitute—

“(b)

section 61 of the Criminal Justice and Court Services Act 2000 (place of detention);”.

49

In section 246 (effect of detention and training order made where offender has reached 18), in subsection (2), for “detention in a young offender institution” substitute “ imprisonment ”.

50

In section 249 (sentence of detention under section 250: availability), in paragraph (a) of the table in subsection (1), for “21” substitute “ 18 ”.

51

In section 252 (maximum sentence), in subsection (2), in paragraphs (a) and (b), for “21” substitute “ 18 ”.

F1151A

In section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.

52

In section 256 (term of extended sentence of detention under section 254), in subsection (5), for “21” substitute “ 18 ”.

53

(1)

Omit Chapter 3 of Part 10 (custodial sentences for adults aged under 21).

(2)

In the heading for Chapter 4 of that Part, omit “aged 21 and over”.

(3)

The repeal by sub-paragraph (1) of section 270 does not affect the validity of any order made under subsection (2) of that section.

54

In section 277 (suspended sentence order for person aged 21 or over: availability), in the heading, for “person aged 21 or over” substitute “ adult ”.

55

In section 278 (required special custodial sentence for certain offenders of particular concern), omit subsection (1)(b)(ii) (and the word “and” immediately after it).

56

In section 279 (extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over), in the heading omit “persons 21 or over”.

57

In section 280 (extended sentence of imprisonment: availability), in subsection (1)(b), for “21” substitute “ 18 ”.

F1257A

In section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.

57B

In section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).

58

In section 283 (life sentence for second listed offence), in subsection (1)(c), for “21” substitute “ 18 ”.

59

In section 285 (required life sentence for offence carrying life sentence), in subsection (1)(a), for “21” substitute “ 18 ”.

60

In section 286 (suspended sentence order), in subsection (1), omit “or detention in a young offender institution”.

61

In section 289 (suspended sentence to be treated generally as sentence of imprisonment etc)—

(a)

in subsection (1), for paragraphs (a) and (b) substitute “ a sentence of imprisonment ”;

(b)

in the heading, omit “etc”.

62

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

(a)

in paragraph (a), omit “, 267”;

F13(aa)

in paragraph (aa), omit “268B or”;

(b)

in paragraph (b), omit “, 274”.

63

In section 310 (certificates of conviction), in the words following paragraph (c), omit “267, 273,”.

64

In section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons), in subsection (3)—

(a)

omit paragraph (b);

(b)

in paragraph (c), for “21” substitute “ 18 ”.

65

In section 312 (mandatory minimum sentence for offences of threatening with weapon or bladed article), in subsection (3)—

(a)

omit paragraph (b);

(b)

in paragraph (c), for “21” substitute “ 18 ”.

66

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

(a)

in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

F14(aa)

in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;

(b)

omit subsection (6).

67

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

(a)

in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

F15(aa)

in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;

(b)

omit subsection (6).

68

In section 315 (minimum sentence for repeat offence involving weapon or bladed article), in subsection (3)—

(a)

omit paragraph (b);

(b)

in paragraph (c), for “21” substitute “ 18 ”.

F1668A

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

F17(za)

in subsection (1C)(b), omit “265, 266,”

(a)

in subsection (4), omit “268B(2) or” in both places;

(b)

in subsection (6)(b), omit “268B(2) or”.

69

In section 324 (interpretation of sections 321 and 322), in the definition of “life sentence”—

(a)

at the end of paragraph (a) insert “ or ”;

(b)

omit paragraph (c) (and the word “or” immediately before it).

70

In section 329 (conversion of sentence of detention to sentence of imprisonment)—

F18(za)

in subsection (3), for “(4) to (5A)” substitute “ (4), (4A) and (5) ”;

F19(zb)

in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);

(a)

in subsection (5), omit paragraph (b) (and the word “or” immediately before it);

F20(aa)

omit subsection (5A);

(b)

in subsection (7), omit paragraphs (d), (e) F21, (ea) and (f).

71

(1)

In section 384(3)(b) (commencement of sentence), for “, 257 and 270” substitute “ and 257 ”.

(2)

The amendment made by sub-paragraph (1) does not affect the validity of any order made under section 270(2).

72

F22(a)

In section 397(1) (interpretation: general), in the definition of “extended sentence”, omit paragraph (b) (but not the word “or” immediately after that paragraph).

F23(b)

in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).

F2473

In section 399 (mandatory sentences)—

(a)

in paragraph (b)—

(i)

in the opening words, omit “, custody for life”;

(ii)

in sub-paragraph (i), omit “, 274 F25, 274A”;

(iii)

in sub-paragraph (ii), omit “273 or”;

(b)

in paragraph (ba), omit “268B or”.

74

(1)

In paragraph 10 of Schedule 10 (magistrates' court's powers on breach etc of community order), as amended by paragraph 21(2) of this Schedule—

(a)

in sub-paragraph (5)(d), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)

omit sub-paragraph (9A).

(2)

But, if paragraph 21(2) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a)

in the paragraph (d) to be inserted by it into paragraph 10(5) of Schedule 10 (magistrates' court's powers on breach etc of community order), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)

omit paragraph (c) (which inserts sub-paragraph (9A) into paragraph 10 of Schedule 10).

75

(1)

In paragraph 11 of Schedule 10 (Crown Court's powers on breach etc of community order), as amended by paragraph 21(3) of this Schedule—

(a)

in sub-paragraph (2)(d), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)

omit sub-paragraph (6A).

(2)

But if paragraph 21(3) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a)

in the paragraph (d) to be inserted by it into paragraph 11(2) of Schedule 10 (Crown Court's powers on breach etc of community order), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)

omit paragraph (c) (which inserts sub-paragraph (6A) into paragraph 11 of Schedule 10).

76

In Schedule 12, in paragraph 3 (breach of requirement of detention and training order), in sub-paragraph (8), for “21” substitute “ 18 ”.

77

In Schedule 14 (extended sentences: the earlier offence condition: offences), in paragraph 15(b), for “section 267(1)(a) or 280(1)(a) (as appropriate)” substitute “ section 280(1)(a) ”.

78

In Schedule 15 (life sentence for second offence: listed offences), in paragraph 24(1), omit the definition of “index offence”.