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- Point in Time (29/11/2022)
- Original (As enacted)
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Sentencing Act 2020, SCHEDULE 26 is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Section 411
Prospective
1E+WThe Armed Forces Act 2006 is amended as follows.
Prospective
2E+WIn 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
3E+WIn 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
4E+WIn 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
5E+WIn 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
6E+WIn 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
7E+WIn 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
8E+WOmit sections 210A and 210B.
Prospective
9E+WIn section 211 (offenders under 18: detention and training orders), in subsection (1)(a), for “21 or over” substitute “ 18 or over ”.
Prospective
10E+WIn section 212 (term of detention and training order: general), in subsections (1)(b) and (2)(c), for “21” substitute “ 18 ”.
Prospective
11E+WIn 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)
F2Sch. 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)
F3Sch. 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
13E+WIn 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
14E+WIn 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
F4Sch. 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
15E+WIn 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
[F515A.E+WIn 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
F5Sch. 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
[F515B.E+WIn 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
F5Sch. 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
16E+WIn 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
17E+WIn 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
18E+WIn section 239 (reduction in sentences for guilty pleas), in subsection (6), omit “(1A) or” in both places it occurs.
Prospective
19E+WIn 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
20E+WIn 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
21E+WIn 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
22E+WIn 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
23E+WIn 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
24E+WIn 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
25E+WIn section 305 (random drug testing), in subsection (5), for “six months” substitute “ 51 weeks ”.
Prospective
[F626.E+WIn 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
F6Sch. 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)
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