Sentencing Act 2020

Criminal Justice and Immigration Act 2008 (c. 4)

270 (1) Schedule 7 to that Act is amended as follows.

(2) In paragraph 2—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2), for “Sub-paragraph (2) has effect as if for paragraphs (a) and (b)” substitute “In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3)”;

(c) for sub-paragraph (3) substitute—

“(3) In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.”

(3) In paragraph 3—

(a) in sub-paragraph (1), for “paragraph 12 of Schedule 1” substitute “paragraph 14 of Schedule 6 to the Sentencing Code”;

(b) in sub-paragraph (2)—

(i) for “Sub-paragraph (2)” substitute “Sub-paragraph (3)”;

(ii) in paragraphs (a), (b) and (c) omit “must be,”.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “paragraph 14 of Schedule 1” substitute “paragraph 18 of Schedule 6 to the Sentencing Code”;

(b) in sub-paragraph (2)—

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

(ii) for “(2A)” substitute “(4A)”.

(5) In paragraph 5—

(a) in sub-paragraph (1), for “Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)” substitute “Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order)”;

(b) in sub-paragraph (4), for “Paragraph 2” substitute “Paragraph 3”;

(c) for sub-paragraph (5) substitute—

“(5) The following provisions are omitted—

(a) in paragraph 6—

(i) sub-paragraph (5)(a),

(ii) the words “add or” in sub-paragraph (5)(b), and

(iii) sub-paragraph (11);

(b) paragraph 9;

(c) paragraph 11;

(d) paragraph 12(8);

(e) paragraph 21(6);

(f) paragraph 23(2)(b).”

(6) In paragraph 7—

(a) in sub-paragraph (1), for “Schedule 3” substitute “Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland)”;

(b) in sub-paragraph (2)—

(i) for “Paragraph 9” substitute “Paragraph 15”;

(ii) after “section 39(7)” insert “of the Criminal Justice and Immigration Act 2008”;

(iii) for “paragraphs 1 or 2” substitute “Part 1 of this Schedule”;

(c) for sub-paragraph (3) substitute—

“(3) Paragraph 16 has effect as if after sub-paragraph (5) there were inserted—

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