Sentencing Act 2020

Section 411

SCHEDULE 26 E+W Further amendments of the Armed Forces Act 2006

Prospective

1 E+W The Armed Forces Act 2006 is amended as follows.

Prospective

2 E+W In section 179(3) (review of service community order imposing drug rehabilitation requirement), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

(a) omit “or detention in a young offender institution” (in both places where it occurs);

(b) in paragraph (a) for “6 months” substitute “ 12 months ”.

Prospective

3 E+W In section 181(3) (breach, revocation or amendment of service community order), in the paragraph 5A treated as inserted into Schedule 10 to the Sentencing Code, in sub-paragraph (2)—

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

(b) for “6 months” substitute “ 12 months ”.

Prospective

4 E+W In section 203(4) (review of suspended sentence order with community requirements), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

(a) omit “or detention in a young offender institution” (in both places where it occurs);

(b) in paragraph (a) for “6 months” substitute “ 12 months ”.

Prospective

5 E+W In paragraph 13 of Schedule 7 (suspended sentence orders: breach or amendment; effect of further conviction), in the sub-paragraph (8A) treated as inserted into paragraph 25 of Schedule 16 to the Sentencing Code—

(a) omit “or detention in a young offender institution” (in both places where it occurs);

(b) in paragraph (a) for “6 months” substitute “ 12 months ”.

Prospective

6 E+W In section 208 (prohibition on imposing imprisonment on people under a certain age)—

(a) for “21” substitute “ 18 ”;

(b) in the heading for “21” substitute “ 18 ”.

Prospective

7 E+W In section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period), in subsections (2)(a) and (6), for “21” substitute “ 18 ”.

Prospective

8 E+W Omit sections 210A and 210B.

Prospective

9 E+W In section 211 (offenders under 18: detention and training orders), in subsection (1)(a), for “21 or over” substitute “ 18 or over ”.

Prospective

10 E+W In section 212 (term of detention and training order: general), in subsections (1)(b) and (2)(c), for “21” substitute “ 18 ”.

Prospective

11 E+W In section 217 (mandatory life imprisonment), for subsections (2) to (4) substitute—

“(2) The court must sentence the offender to imprisonment for life unless they are liable to be detained under section 218 (offences committed when offender aged under 18).”

Prospective

12 [F1 (1)] In section 218A (life sentence for second listed offence)— E+W

(a) omit subsection (1B);

(b) in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

(c) in subsection (3), in the opening words—

(i) for “sections 273(3)(a) and 283(3)(a)” substitute “ section 283(3)(a) ”;

(ii) for “subsections (1B) and (2)” substitute “ subsection (2) ”;

(d) in subsection (4), omit “or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more,”;

[F2 (da) in subsection (6), for “(12)” in each place substitute “(12A)”;

(db) after that subsection insert—

“(6A) In sections 273 and 283 of that Code as applied for the purpose of this section, subsection (12A) has effect as if—

(a) for “index offence” there were substituted “offence under section 42”;

(b) for “section 397(5)” there were substituted “section 377(8) of the Armed Forces Act 2006”.”

(dc) in subsection (6A) (as to be inserted by paragraph (db)), omit “section 273 and”;]

(e) in subsection (6), omit “section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or”;

(f) in subsection (7), omit “273(3) or”.

[F3 (2) In sub-paragraph (1)—

(a) in paragraph (da), if it has not already come into force, omit “in each place”;

(b) in paragraph (e), for “(12)” substitute “(12A)”.]

Textual Amendments

F1 Sch. 26 para. 12 renumbered as Sch. 26 para. 12(1) (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), 6(2)(a)

F2 Sch. 26 para. 12(1)(da)-(dc) 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), 6(2)(b)

F3 Sch. 26 para. 12(2) 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), 6(2)(c)

Prospective

13 E+W In section 219 (life sentence for certain dangerous offenders aged 18 or over)—

(a) omit subsection (1A);

(b) in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

(c) in subsection (3), for “sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))” substitute “ section 285(3) of the Sentencing Code (as applied by subsection (2)) ”;

(d) in subsection (5), omit “section 274 or”.

Prospective

14 E+W In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—

(a) in subsection (1), in paragraph (d), omit sub-paragraphs (i) and (iii);

[F4 (aa) in subsection (2), for “Schedule 14 to the Sentencing Code” substitute “Part 1, 2, or 3 of Schedule 14 to the Sentencing Code”;

(bb) after that subsection insert—

“(2A) But if the proceedings for the offence under section 42 were instituted before IP completion day (see section 377(8)), Condition A is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3, or 3A of Schedule 14 to the Sentencing Code.”

(b) in subsection (3), omit “an extended sentence of detention in a young offender institution or”;

(c) omit subsections (4) to (6);

(d) in subsection (7), omit “Where the offender is 21 or over when convicted of the offence under section 42,”.]

Textual Amendments

F4 Sch. 26 para. 14(aa)(bb) 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), 6(3)

Prospective

15 E+W In section 224A (special custodial sentence for certain offenders of particular concern)—

(a) in subsection (1)(d)—

(i) in sub-paragraph (i), omit “or custody”;

(ii) in sub-paragraph (ii), for “detention or imprisonment under section 266 or 279” substitute “ imprisonment under section 279 ”;

(b) omit subsection (2);

(c) in subsection (2A), omit paragraph (b) (and the word “and” preceding it);

(d) in subsection (3), omit “, (2)”.

Prospective

[F5 15A. E+W In section 225 (third drug trafficking offence), after subsection (1) insert—

“(1A) For this purpose, section 313 of that Code has effect as if the reference in subsection (3A) to section 397(5) of that Code were to section 377(8) of this Act.”.]

Textual Amendments

F5 Sch. 26 paras. 15A, 15B 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), 6(4)

Prospective

[F5 15B. E+W In section 226 (third domestic burglary), after subsection (1) insert—

“(1A) For this purpose, section 314 of that Code has effect as if the reference in subsection (3A) to section 397(5) of that Code were to section 377(8) of this Act.”.]

Textual Amendments

F5 Sch. 26 paras. 15A, 15B 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), 6(4)

Prospective

16 E+W In section 227A (offences of threatening with a weapon in public or on school premises)—

(a) omit subsection (1A);

(b) in subsection (2), omit “Where the offender is aged 21 or over at the time of conviction,”.

Prospective

17 E+W In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—

(a) in paragraph (b)—

(i) omit “273(3) or”, and

(ii) omit “(1B) or”;

(b) in paragraph (ba)—

(i) omit “274(3) or”, and

(ii) omit “(1A) or”;

(c) in paragraph (c), omit “(1A) or”.

Prospective

18 E+W In section 239 (reduction in sentences for guilty pleas), in subsection (6), omit “(1A) or” in both places it occurs.

Prospective

19 E+W In section 260 (discretionary custodial sentences: general restrictions)—

(a) in subsection (1)—

(i) in paragraph (b)—

(a) omit “273(3) or”, and

(b) omit “(1B) or”;

(ii) in paragraph (c)—

(a) omit “274(3) or”, and

(b) omit “(1A) or”;

(iii) in paragraph (h), omit “(1A) or”;

(b) in subsection (4B), in paragraph (a), omit “268(2) or”.

Prospective

20 E+W In section 261 (length of discretionary custodial sentences: general provision), in subsection (1)—

(a) in paragraph (a)—

(i) omit “273(3) or”, and

(ii) omit “(1B) or”;

(b) in paragraph (b)—

(i) omit “274(3) or”, and

(ii) omit “(1A) or”.

Prospective

21 E+W In section 262A (conversion of sentence of detention to sentence of imprisonment), in subsection (4) omit the paragraphs (d), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.

Prospective

22 E+W In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—

“(a) pass a sentence of detention under section 209 or 218 (young offenders' detention), or”.

Prospective

23 E+W In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—

(a) in sub-paragraph (i)—

(i) omit “273(3) or”, and

(ii) omit “(1B) or”;

(b) in sub-paragraph (ii)—

(i) omit “274(3) or”, and

(ii) omit “(1A) or”;

(c) in sub-paragraph (vii), omit “(1A) or”.

Prospective

24 E+W In section 283 (imprisonment: maximum term)—

(a) in subsection (1), for “6 months” substitute “ 12 months ”;

(b) in subsection (2), for “12 months” substitute “ 65 weeks ”;

(c) omit subsection (3).

Prospective

25 E+W In section 305 (random drug testing), in subsection (5), for “six months” substitute “ 51 weeks ”.

Prospective

[F6 26. E+W In section 377, at the end insert—

“(8) A reference to the institution of proceedings in, or in a provision applied by, section 218A, 219A, 225 or 226 is to a charge being brought under Chapter 2 of Part 5.”.]

Textual Amendments

F6 Sch. 26 para. 26 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), 6(5)