Sentencing Act 2020

45 (1) Section 224A (special custodial sentence for certain offenders of particular concern) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), for “Schedule 18A to the 2003 Act” substitute “ Schedule 13 to the Sentencing Code ”;

(b) in paragraph (d)—

(i) in sub-paragraph (i), after “imprisonment” insert “ or custody ”;

(ii) in sub-paragraph (ii), for “imprisonment under section 226A of the 2003 Act” substitute “ detention or imprisonment under section 266 or 279 of the Sentencing Code ”.

(3) For subsection (2) substitute—

“(2) If—

(a) the court imposes a sentence of detention in a young offender institution for the offence, and

(b) the offender is aged under 21 when convicted of the offence,

subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

(2A) If—

(a) the court imposes a sentence of imprisonment for the offence, and

(b) the offender is aged 21 or over when convicted of the offence,

subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.”

(4) In subsection (3), for “and (2)” substitute “ , (2) and (2A) ”.

(5) For subsection (4) substitute—

“(4) In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.”

Commencement Information

I1 Sch. 25 para. 45 in force at 1.12.2020 by S.I. 2020/1236, reg. 2