Sentencing Act 2020

249 (1) Schedule 31 to the CJA 2003 is amended as follows. E+W

(2) In paragraph 2—

(a) in sub-paragraph (1), for “section 199” substitute “ paragraph 2 of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2), for the words from the beginning to “in the case” substitute—

“In sub-paragraph (1)(b), for sub-paragraphs (i) and (ii) there is substituted—

“(i) not less than 20 hours, and

(ii) in the case””;

(c) for sub-paragraph (3) substitute—

“(3) Sub-paragraphs (3) and (4) are omitted.”

(3) In paragraph 3—

(a) in sub-paragraph (1), for “section 204” substitute “ paragraph 9 of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2)—

(i) for “subsection (2)” substitute “ sub-paragraph (4) ”;

(ii) for “(2A)” substitute “ (4A) ”.

(4) In paragraph 3A, for the words from the beginning to “be—” substitute “In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be—”.

(5) In paragraph 3B—

(a) in sub-paragraph (1), for “section 220(1)” substitute “ section 215 of the Sentencing Code ”;

(b) for sub-paragraph (2) substitute—

“(2) At the end of subsection (2) there is inserted “, and must notify the responsible officer of any change of address.””

(6) In paragraph 3C, for “Section 220A” substitute “ Section 216 of the Sentencing Code ”.

(7) In paragraph 4—

(a) in sub-paragraph (1), for “Schedule 8 (breach, revocation or amendment of community orders)” substitute “ Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) ”;

(b) in sub-paragraph (3), for “and deal with the offender” substitute “ and re-sentence the offender ”;

(c) in sub-paragraph (4), for “paragraph 4” substitute “ paragraph 5 ”;

(d) in sub-paragraph (4A), for “paragraphs 16 and 16A” substitute “ paragraphs 16 and 17 ”.

(e) for sub-paragraph (5) substitute—

“(5) The following provisions are omitted—

(a) paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020);

(b) paragraph 10(11);

(c) paragraph 14(8);

(d) paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act);

(e) paragraph 23(6);

(f) paragraph 25(2)(b).”

(8) In paragraph 6, for “Schedule 9” substitute “ Schedule 11 to the Sentencing Code ”.

(9) For paragraph 7 substitute—

“7 After paragraph 20 there is inserted—

“20A Nothing in paragraph 20 affects the application of section 300(7) of the Criminal Justice Act 2003 to a default order made or amended in accordance with Part 1 or 2.””

(10) For paragraph 8 substitute—

“8 In paragraph 21, after sub-paragraph (5) there is inserted—

“(5A) The home court may not impose a fine on the offender.””

Commencement Information

I1 Sch. 24 para. 249 in force at 1.12.2020 by S.I. 2020/1236, reg. 2