Sentencing Act 2020

SCHEDULES

Section 69

SCHEDULE 1 E+W Offences where terrorist connection to be considered

Common law offences E+W

1 E+W Murder.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Manslaughter.

Commencement Information

I2 Sch. 1 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W Kidnapping.

Commencement Information

I3 Sch. 1 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Statutory offences E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent);

(c) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(d) section 28 (causing bodily injury by explosives);

(e) section 29 (using explosives etc with intent to do grievous bodily harm);

(f) section 30 (placing explosives with intent to do bodily injury);

(g) section 64 (making or having gunpowder etc with intent to commit or enable any person to commit any felony mentioned in the Act).

Commencement Information

I4 Sch. 1 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances);

(d) section 5 (punishment of accessories).

Commencement Information

I5 Sch. 1 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W An offence under section 1 of the Biological Weapons Act 1974 (restriction on development etc of certain biological agents and toxins and of biological weapons).

Commencement Information

I6 Sch. 1 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 E+W An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Commencement Information

I7 Sch. 1 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 4 (offences in relation to certain dangerous articles);

(e) section 6(2) (inducing or assisting commission of offence under section 1, 2 or 3 outside the United Kingdom).

Commencement Information

I8 Sch. 1 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 E+W An offence under any of the following provisions of the Nuclear Material (Offences) Act 1983—

(a) section 1B (offences relating to damage to the environment);

(b) section 1C (offences of importing or exporting etc nuclear materials: extended jurisdiction);

(c) section 2 (offences involving preparatory acts and threats), so far as relating to an offence specified in this Schedule.

Commencement Information

I9 Sch. 1 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying ships or fixed platforms or endangering their safety);

(e) section 14(4) (inducing or assisting the commission of an offence outside the United Kingdom), so far as relating to an offence under section 9 or 11 of that Act.

Commencement Information

I10 Sch. 1 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 E+W An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences against the safety of channel tunnel trains and the tunnel system).

Commencement Information

I11 Sch. 1 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W An offence under either of the following provisions of the Chemical Weapons Act 1996—

(a) section 2 (use etc of chemical weapons);

(b) section 11 (premises or equipment for producing chemical weapons).

Commencement Information

I12 Sch. 1 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 E+W An offence under either of the following provisions of the Anti-Terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 114 (hoaxes involving noxious substances or things).

Commencement Information

I13 Sch. 1 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Ancillary offences E+W

14 E+W An inchoate offence in relation to an offence specified in paragraphs 1 to 13.

Commencement Information

I14 Sch. 1 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 81

SCHEDULE 2 E+W Order for conditional discharge: commission of further offence

Application of Schedule E+W

1 E+W This Schedule applies where an order for conditional discharge has been made in respect of an offence (“the original offence”).

Commencement Information

I15 Sch. 2 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

2 E+W If the order for conditional discharge was made on appeal, for the purposes of this Schedule it is to be taken—

(a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

to have been made by the Crown Court.

Commencement Information

I16 Sch. 2 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

3 (1) This paragraph applies where— E+W

(a) the order for conditional discharge was made by a magistrates' court, and

(b) it appears to a justice of the peace on information that the offender—

(i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii) has been dealt with in respect of that offence.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the court which made the order for conditional discharge.

Commencement Information

I17 Sch. 2 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by Crown Court E+W

4 (1) This paragraph applies where— E+W

(a) the order for conditional discharge was made by the Crown Court, and

(b) it appears to the Crown Court that the offender—

(i) has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge, and

(ii) has been dealt with in respect of that offence.

(2) The Crown Court may issue—

(a) a summons requiring the offender to appear at the place and time specified in it, or

(b) a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or to be brought before the Crown Court.

Commencement Information

I18 Sch. 2 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of magistrates' court convicting offender of further offence E+W

5 (1) This paragraph applies where the offender is convicted by a magistrates' court (“the convicting court”) of an offence committed during the period of conditional discharge. E+W

(2) If the order for conditional discharge was made by the convicting court, that court may re-sentence the offender for the original offence.

(3) If the order for conditional discharge was made by another magistrates' court, the convicting court may, with the consent of the court which made the order, re-sentence the offender for the original offence.

(4) If the order for conditional discharge was made by the Crown Court, the convicting court—

(a) may commit the offender in custody or on bail to the Crown Court, and

(b) if it does so, must send the Crown Court a copy of the minute or memorandum of the conviction entered in the register, signed by the designated officer by whom the register is kept.

(5) In sub-paragraph (4), the “register” means the register of proceedings before a magistrates' court required by the Criminal Procedure Rules to be kept by the designated officer of the court.

(6) For powers of the convicting court, where it commits a person under sub-paragraph (4), to commit a person to the Crown Court in respect of other offences, see section 20.

Commencement Information

I19 Sch. 2 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Conviction of further offence by another court: power of magistrates' court which made order E+W

6 (1) This paragraph applies where— E+W

(a) the order for conditional discharge was made by a magistrates' court (“the original court”),

(b) it is proved to the satisfaction of the original court that the offender has been convicted by another court in Great Britain of an offence committed during the period of conditional discharge.

(2) The original court may re-sentence the offender for the original offence.

Commencement Information

I20 Sch. 2 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court with respect to original offence following subsequent conviction E+W

7 (1) Sub-paragraph (2) applies where— E+W

(a) the offender—

(i) is convicted before the Crown Court of an offence committed during the period of conditional discharge, or

(ii) is brought or appears before the Crown Court having been committed by a magistrates' court for sentence in respect of any such offence, or

(b) the order for conditional discharge was made by the Crown Court and it is proved to the satisfaction of the Crown Court that the offender has been convicted by a court in Great Britain of an offence committed during the period of conditional discharge.

(2) The Crown Court may re-sentence the offender for the original offence.

(3) Any question under this paragraph whether the offender has been convicted of an offence committed during the period of conditional discharge is to be determined by the court and not by the verdict of a jury.

(4) Where the offender is committed to the Crown Court under sub-paragraph (4) of paragraph 5, any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the convicting court (within the meaning of that paragraph)—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead be exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (certain duties relating to information).

Commencement Information

I21 Sch. 2 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 96

SCHEDULE 3 E+W Youth offender contract: programme of behaviour

1 E+W This Schedule applies to a programme of behaviour agreed between an offender and a youth offender panel under section 96.

Commencement Information

I22 Sch. 3 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W The programme may, in particular, include requiring the offender to—

(a) make financial or other reparation to any victim;

(b) attend mediation sessions with any victim;

(c) carry out unpaid work or service in or for the community;

(d) be at home at times specified in or determined under the programme;

(e) attend a school or other educational establishment or a place of work;

(f) participate in activities specified in the programme;

(g) meet persons specified in the programme at times and places specified in or determined under the programme;

(h) stay away from places specified in the programme;

(i) stay away from persons specified in the programme.

This is subject to paragraphs 5 and 6.

Commencement Information

I23 Sch. 3 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W The programme may include provision for the offender's compliance with the programme to be supervised and recorded.

Commencement Information

I24 Sch. 3 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W Activities that may be specified by virtue of paragraph 2(f) include, in particular, activities—

(a) designed to address the offending behaviour,

(b) offering education or training, or

(c) assisting with the rehabilitation of persons dependent on, or having a propensity to misuse, alcohol or drugs.

Commencement Information

I25 Sch. 3 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W The programme may not provide for—

(a) electronic monitoring of the offender's whereabouts, or

(b) any physical restriction to be imposed on the offender's movements.

Commencement Information

I26 Sch. 3 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W No term which provides for anything to be done to or with any victim may be included in the programme without the victim's consent.

Commencement Information

I27 Sch. 3 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 E+W In this Schedule “victim” means any person who appears to the panel to be a victim of, or otherwise affected by, the offence or any of the offences for which the offender was referred to the panel.

Commencement Information

I28 Sch. 3 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 104

SCHEDULE 4 E+W Referral order: further court proceedings

PART 1 E+W Referral back to court for further proceedings

Introductory E+W

1 E+W This Part of this Schedule applies where a youth offender panel refers an offender back to court under Chapter 1 of Part 6 (referral orders).

Commencement Information

I29 Sch. 4 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mode of referral back to court E+W

2 E+W To make the referral, the panel must send a report to the appropriate court explaining why the offender is being referred back to court.

Commencement Information

I30 Sch. 4 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Bringing the offender before the court E+W

3 (1) Where the appropriate court receives a report under paragraph 2, the court must cause the offender to appear before it. E+W

(2) For that purpose, a justice acting in the same local justice area as the appropriate court may—

(a) issue a summons requiring the offender to appear before the appropriate court at the place and time specified in the summons, or

(b) if the report is substantiated on oath, issue a warrant for the offender's arrest which requires the offender to be brought before the appropriate court.

Commencement Information

I31 Sch. 4 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Detention and remand of arrested offender E+W

4 (1) This paragraph applies where an offender— E+W

(a) is arrested under a warrant issued under paragraph 3(2), and

(b) cannot immediately be brought before the appropriate court.

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court (or, if the offender is aged 18 or over, a magistrates' court other than a youth court).

(3) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Commencement Information

I32 Sch. 4 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) This paragraph applies where the court before which the offender is brought under paragraph 4(2) (“the alternative court”) is not the appropriate court. E+W

(2) The alternative court may—

(a) direct that the offender is to be released immediately, or

(b) remand the offender.

(3) Section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the appropriate court.

(4) If the offender is aged under 18, any power conferred by that section to remand the offender in custody includes a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5) If a court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides or will reside.

Commencement Information

I33 Sch. 4 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court on referral back E+W

6 E+W Paragraphs 7 to 10 apply where the offender was referred back to court under—

(a) section 92(3) (offender's failure to attend panel meeting);

(b) section 98(3) (no prospect of agreement on youth offender contract);

(c) section 98(4) (unreasonable failure to sign record of agreement);

(d) section 100(3) (breach of contract);

(e) section 100(6) (unreasonable failure to sign record of variation);

(f) section 100(8) (change of circumstances);

(g) section 101(5) (final meeting: order not discharged);

(h) section 102(2) (panel requesting revocation of order).

Commencement Information

I34 Sch. 4 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of court where it upholds panel's decision E+W

7 (1) Sub-paragraph (2) applies where the appropriate court is satisfied, for any decision of the youth offender panel which resulted in the referral back to court, that— E+W

(a) so far as the decision relied on any finding of fact by the youth offender panel, the panel was entitled to make that finding in the circumstances, and

(b) so far as the decision involved any exercise of discretion by the youth offender panel, the panel reasonably exercised that discretion in the circumstances.

(2) The court may revoke the referral order (or each of the referral orders).

(3) Revocation of an order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

(4) Where an order is revoked under sub-paragraph (2) or by virtue of sub-paragraph (3), the appropriate court may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).

(5) In re-sentencing the offender under sub-paragraph (4), the appropriate court must take into account—

(a) the circumstances of the offender's referral back to the court, and

(b) where a youth offender contract has taken effect between the offender and the panel, the extent of the offender's compliance with the contract.

(6) A power under sub-paragraph (2) or (4)—

(a) may not be exercised unless the offender is before the appropriate court, and

(b) is not affected by the expiry of the compliance period (whether before or after the offender was referred back to court), in a case where a youth offender contract has taken effect.

Commencement Information

I35 Sch. 4 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Appeal E+W

8 E+W An offender re-sentenced under paragraph 7(4) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I36 Sch. 4 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of court to impose fine or extend period for which contract has effect E+W

9 (1) This paragraph applies where— E+W

(a) the reference back to court was made under—

(i) section 92(3) (offender's failure to attend panel meeting),

(ii) section 100(3) (breach of contract), or

(iii) section 101(5) (final meeting: order not discharged),

(b) the offender is before the appropriate court,

(c) the appropriate court is satisfied that the offender has failed without reasonable excuse to comply with a youth offender contract which has taken effect between the offender and a youth offender panel, and

(d) the appropriate court does not revoke the order under paragraph 7.

(2) The appropriate court may make an order extending the length of the compliance period, but—

(a) not to more than 12 months, and

(b) not if the compliance period has already expired.

(3) The court may order the offender to pay a fine of an amount not exceeding £2,500.

(4) Expiry of the compliance period (whether before or after the offender was referred back to court) does not affect the power to impose a fine under sub-paragraph (3).

(5) A fine imposed under sub-paragraph (3) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

Commencement Information

I37 Sch. 4 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Consequences of court not revoking referral order or orders E+W

10 (1) This paragraph applies where, having considered the matters in sub-paragraph (1) of paragraph 7, the appropriate court does not revoke the referral order (or orders) to which the offender is subject. E+W

(2) The offender remains subject to the referral order (or orders) in all respects as if the referral back to court had not occurred (subject to any order under paragraph 9(2) (extension of compliance period)).

(3) But if—

(a) a youth offender contract has taken effect in pursuance of the referral order (or orders),

(b) the compliance period has expired, and

(c) the referral order (or each of the referral orders) has not been revoked,

the court must make an order declaring that the referral order (or each of the referral orders) is discharged.

(4) An order under sub-paragraph (3) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

Commencement Information

I38 Sch. 4 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exception where court satisfied as to completion of contract E+W

11 (1) This paragraph applies where— E+W

(a) the reference back to court was made under section 101(5) (final meeting: order not discharged), and

(b) the court decides (contrary to the decision of the panel) that the offender's compliance with the youth offender contract has, or will by the end of the compliance period have, been such as to justify the conclusion that the offender has, or will have, satisfactorily completed the youth offender contract.

(2) The court must make an order declaring that the referral order (or each of the referral orders) is discharged.

(3) An order under sub-paragraph (2) has the effect of discharging any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

Commencement Information

I39 Sch. 4 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Referral back for extension of compliance period E+W

12 (1) This paragraph applies where— E+W

(a) the reference back to court was made under section 103(2) (request for extension of compliance period),

(b) the youth offender contract has taken effect and the compliance period has not expired, and

(c) the offender is before the appropriate court.

(2) If it appears to the appropriate court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the contract took effect, it may make an order extending the length of the compliance period but—

(a) not by more than 3 months, and

(b) not to more than 12 months.

(3) When deciding whether to make an order under sub-paragraph (2), the court must take into account the extent of the offender's compliance with the contract.

Commencement Information

I40 Sch. 4 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to adjourn hearing and remand offender E+W

13 (1) This paragraph applies where a youth court or other magistrates' court holds a hearing in proceedings under this Part of this Schedule. E+W

(2) The court may adjourn the hearing.

(3) Where the court adjourns the hearing under sub-paragraph (2), it may—

(a) direct that the offender be released immediately, or

(b) remand the offender.

(4) Where the court remands the offender under sub-paragraph (3)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) the remand must require the offender to be brought before the court at that time and place.

(5) Where the court adjourns the hearing under sub-paragraph (2), but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

(i) the offender,

(ii) if the offender is aged under 14, a parent or guardian of the offender, and

(iii) a member of the specified youth offending team.

(6) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(7) This paragraph—

(a) applies to any hearing in proceedings under this Part of this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I41 Sch. 4 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Further convictions during referral

Introductory E+W

14 E+W This Part of this Schedule applies where—

(a) a referral order has been made in respect of an offender and has not been discharged or revoked,

(b) the offender is aged under 18, and

(c) a court is dealing with the offender for an offence (“the new offence”).

Commencement Information

I42 Sch. 4 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of magistrates' court to deal with further offence by extending compliance period E+W

15 (1) This paragraph applies if the court dealing with the offender for the new offence is a youth court or other magistrates' court. E+W

(2) An order under this paragraph is available in respect of the new offence if neither the new offence nor any offence connected with it is one the sentence for which is fixed by law.

(3) The court may sentence the offender for the new offence by making an order extending the length of the compliance period, but not to more than 12 months.

Commencement Information

I43 Sch. 4 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Supplementary E+W

16 (1) This paragraph applies where a court makes an order under paragraph 15 in respect of the new offence. E+W

(2) The court must not deal with the offender for the new offence, or any offence connected with it, by making an order of the kind mentioned in section 89(3) (orders not available where court makes referral order).

(3) In respect of any offence connected with the new offence, the court must make—

(a) an order under paragraph 15, or

(b) an order for absolute discharge.

Commencement Information

I44 Sch. 4 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further convictions: power of any court to revoke referral orders E+W

17 (1) This paragraph applies where, in dealing with the offender for the new offence, the court makes an order other than— E+W

(a) an order under paragraph 15, or

(b) an order for absolute discharge or an order for conditional discharge.

(2) If it appears to the court to be in the interests of justice to do so, the court—

(a) may revoke the referral order (or any one or more of the referral orders), and

(b) if it revokes a referral order, may re-sentence the offender for the offence in respect of which the revoked order was made (but assuming that a referral order is not available).

(3) Revocation of a referral order under sub-paragraph (2) has the effect of revoking any related order under paragraph 9(2), 12 or 15 (extension of compliance period).

(4) When re-sentencing the offender under sub-paragraph (2)(b), if a youth offender contract has taken effect between the offender and the panel, the court must take into account the extent of the offender's compliance with the contract.

(5) For the purposes of this paragraph it does not matter whether the new offence was committed before or after the offender was referred to the panel.

Commencement Information

I45 Sch. 4 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 115

SCHEDULE 5 E+W Breach, revocation and amendment of reparation order

PART 1 E+W Breach of reparation order

Application to court E+W

1 (1) This Part of this Schedule applies where— E+W

(a) a reparation order is in force in respect of an offender, and

(b) the responsible officer makes an application to the appropriate court under this paragraph for it to exercise its powers under paragraph 2.

(2) In this paragraph “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(3) In sub-paragraph (2) “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the offender's home local justice area.

(4) Where the responsible officer makes an application to the appropriate court under this paragraph, the officer may bring the offender before the court.

Commencement Information

I46 Sch. 5 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of appropriate court E+W

2 (1) This paragraph applies if it is proved to the satisfaction of the appropriate court that the offender has breached any requirement of the reparation order. E+W

(2) The appropriate court—

(a) may order the offender to pay a fine of an amount not exceeding £1,000;

(b) if the reparation order was made by a magistrates' court, may revoke the order and re-sentence the offender for the offence in respect of which the order was made, or

(c) if the reparation order was made by the Crown Court, may—

(i) commit the offender to custody, or

(ii) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(3) Where the appropriate court deals with the offender's case under sub-paragraph (2)(c) it must send the Crown Court a certificate signed by a justice of the peace giving—

(a) particulars of the offender's failure to comply with the requirement in question, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(4) The appropriate court may not make an order under this paragraph unless the offender is before the court.

(5) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.

(6) In dealing with the offender under this paragraph the appropriate court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(7) A fine imposed under this paragraph is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(8) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Commencement Information

I47 Sch. 5 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

3 (1) This paragraph applies where— E+W

(a) by virtue of paragraph 2(2)(c) the offender is brought or appears before the Crown Court, and

(b) it is proved to the satisfaction of that court that the offender has breached the requirement in question.

(2) The Crown Court may re-sentence the offender for the offence in respect of which the reparation order was made.

(3) Where the Crown Court deals with the offender under sub-paragraph (2), it must revoke the reparation order if it is still in force.

(4) In dealing with an offender under this paragraph the court must take into account the extent to which the offender has complied with the requirements of the reparation order.

(5) The appropriate court may not make an order under this paragraph unless the offender is before the court.

(6) For powers to issue a summons or warrant to secure the offender's attendance, see paragraph 6.

(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the reparation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I48 Sch. 5 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

4 E+W A reparation order made on appeal is to be taken, for the purposes of this Part of this Schedule—

(a) if it was made on an appeal from a magistrates' court, to have been made by that magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

to have been made by the Crown Court.

Commencement Information

I49 Sch. 5 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Revocation and amendment of reparation order

5 (1) This paragraph applies where— E+W

(a) a reparation order is in force in respect of an offender, and

(b) the offender or the responsible officer makes an application to the relevant court under this paragraph.

(2) In this paragraph “the relevant court” means—

(a) a youth court acting in the offender's home local justice area, or

(b) in the case of an application made both under this paragraph and under paragraph 1, the appropriate court (as defined in that paragraph).

(3) Where the responsible officer makes an application to a court under this paragraph, the responsible officer may bring the offender before the court.

But this is subject to paragraph 6.

(4) If it appears to the relevant court that it is appropriate to make an order under this sub-paragraph, the court may—

(a) make an order revoking the reparation order, or

(b) make an order amending it—

(i) by cancelling any provision included in it, or

(ii) by inserting in it (either in addition to or in substitution for any of its provisions) any provision which it could include in a reparation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

(5) In this paragraph—

• “relevant offence” means the offence in respect of which the reparation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted by the relevant court of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(6) Unless the offender is before it, the relevant court may not amend the reparation order under this paragraph, except to—

(a) cancel a requirement included in the order,

(b) substitute a new local justice area for the offender's home local justice area specified in the order, or

(c) change the responsible officer.

(7) Where an application under this paragraph for the revocation of a reparation order is dismissed, no-one may make a further application for its revocation under this paragraph except with the consent of the relevant court.

Commencement Information

I50 Sch. 5 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Supplementary

Issue of summons or warrant E+W

6 (1) This paragraph applies where an application is made under paragraph 1 or 5. E+W

(2) For the purpose of securing the attendance of the offender before it, the court to which the application is made may issue a summons.

(3) If—

(a) the offender fails to appear in court in answer to the summons, and

(b) it is proved to the satisfaction of the court, on oath or in such manner as may be prescribed by rules of court, that the summons—

(i) could not be served, or

(ii) was served on the offender within what appears to the court to be a reasonable time before the hearing,

the court may issue a warrant.

(4) This paragraph does not affect any other power to issue a summons or warrant.

Commencement Information

I51 Sch. 5 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Warrants E+W

7 (1) This paragraph applies where an offender— E+W

(a) is arrested under a warrant issued under paragraph 6, and

(b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court.

(3) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Commencement Information

I52 Sch. 5 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 (1) Where the court before which the offender is brought under paragraph 7(2) (“the alternative court”) is not the relevant court, the alternative court may— E+W

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(2) If the offender is aged under 18, the power in sub-paragraph (1)(b) is a power to remand the offender to accommodation provided by or on behalf of a local authority.

(3) Where a court remands an offender under this paragraph to accommodation provided by or on behalf of a local authority, it must designate the local authority which is to receive the offender.

(4) The designated authority must be—

(a) the local authority for the area in which the offender resides, or

(b) if it appears to the court that the offender does not reside in the area of a local authority, must be a local authority in whose area the offence or an associated offence was committed.

Commencement Information

I53 Sch. 5 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to adjourn hearing and remand offender E+W

9 (1) This paragraph applies to any hearing relating to an offender held by a youth court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing.

(3) Where it adjourns the hearing under sub-paragraph (2), it may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(4) Where the court remands the offender under sub-paragraph (3)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(5) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place for the resumed hearing—

(i) the offender,

(ii) if the offender is aged under 14, a parent or guardian of the offender, and

(iii) the responsible officer.

(6) The powers of a youth court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(7) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I54 Sch. 5 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Appeals E+W

10 E+W The offender may appeal to the Crown Court against—

(a) any order made under paragraph 2(1) (order made by appropriate court on breach of reparation order),

(b) any order made under paragraph 5(4)(b) (amendment of order), other than an order which only does one or more of the following—

(i) cancels a requirement included in the order,

(ii) substitutes a new local justice area for the offender's home local justice area specified in the order, or

(iii) changes the responsible officer, or

(c) the dismissal of an application under paragraph 5 to revoke a reparation order.

Commencement Information

I55 Sch. 5 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 173

SCHEDULE 6 E+W Youth rehabilitation orders: requirements

PART 1 E+W Activity requirement

Activity requirement: types of requirement E+W

1 (1) In this Code “activity requirement”, in relation to a youth rehabilitation order, is a requirement consisting of one or more of the following— E+W

(a) a specified place obligation (see paragraph 3),

(b) a specified activities obligation (see paragraph 4),

(c) a specified residential exercise obligation (see paragraph 5),

(d) an obligation under paragraph 6 to engage in activities as instructed by the responsible officer.

(2) A youth rehabilitation order that imposes an activity requirement may specify—

(a) obligations of more than one of those kinds, or

(b) more than one obligation of any of those kinds.

(3) The aggregate number of days specified in a youth rehabilitation order under paragraphs 3, 4, 5 and 6 must not exceed 90 unless the activity requirement is an extended activity requirement (see paragraph 2).

Commencement Information

I56 Sch. 6 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extended activity requirement E+W

2 (1) An extended activity requirement is an activity requirement for which the aggregate number of days specified in the youth rehabilitation order under paragraphs 3, 4, 5 and 6 is greater than 90. E+W

(2) Where a youth rehabilitation order imposes an extended activity requirement, the aggregate number of days specified in the order under those paragraphs must not exceed 180.

(3) For restrictions on making a youth rehabilitation order with intensive supervision and surveillance (and, accordingly, on imposing an extended activity requirement), see section 180 (as well as sections 175 and 178 (requirements and availability relating to youth rehabilitation orders with intensive supervision and surveillance)).

Commencement Information

I57 Sch. 6 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: specified place obligation E+W

3 (1) For each specified place obligation that it imposes, a youth rehabilitation order must specify— E+W

(a) a number of days,

(b) a place or places, and

(c) for each place specified, the description of person to whom the offender is required to present himself or herself.

(2) The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—

(a) to present himself or herself at a specified place to a person of the specified description, and

(b) while there, to participate in activities and comply with instructions given by, or under the authority of, the person in charge of the place.

Commencement Information

I58 Sch. 6 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: specified activities obligation E+W

4 (1) For each specified activities obligation that it imposes, a youth rehabilitation order must specify— E+W

(a) a number of days, and

(b) an activity or activities.

(2) The obligation requires the offender, in accordance with instructions of the responsible officer, on the specified number of days—

(a) to participate in a specified activity, and

(b) to comply with instructions given by, or under the authority of, the person in charge of the activity.

(3) An activity specified under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.

Commencement Information

I59 Sch. 6 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: specified residential exercise obligation E+W

5 (1) For each specified residential exercise obligation that it imposes, a youth rehabilitation order must specify— E+W

(a) a number of days, and

(b) a place or activity.

(2) The obligation requires the offender, in accordance with the instructions of the responsible officer—

(a) if a place is specified under sub-paragraph (1)(b)—

(i) to present himself or herself at that place to a person of a description specified in the instructions,

(ii) to reside there for a period consisting of the specified number of days, and

(iii) during that period, to comply with instructions given by, or under the authority of, the person in charge of that place;

(b) if an activity is specified under sub-paragraph (1)(b)—

(i) to participate in that activity for a period consisting of the specified number of days, and

(ii) during that period, to comply with instructions given by or under the authority of, the person in charge of the activity.

Commencement Information

I60 Sch. 6 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: obligation to engage in activities as instructed by responsible officer E+W

6 (1) A youth rehabilitation order that imposes an obligation under this paragraph— E+W

(a) must specify a number of days, and

(b) may permit the responsible officer to give instructions in accordance with this paragraph requiring the offender to participate in a residential exercise.

(2) The obligation requires the offender to engage in activities in accordance with instructions of the responsible officer on that number of days.

(3) For each of those days, instructions of the responsible officer must require the offender—

(a) to present himself or herself to a person or persons of a description specified in the instructions at a place so specified, or

(b) to participate in an activity specified in the instructions.

(4) On each of those days, or while participating in any such activity, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or the activity.

(5) An activity specified in instructions under this paragraph may be one whose purpose is reparation, such as an activity involving contact between an offender and persons affected by the offending concerned.

(6) Sub-paragraphs (7) to (9) apply where under sub-paragraph (1)(b) the youth rehabilitation order permits the responsible officer to give instructions requiring the offender to participate in a residential exercise.

(7) Instructions given by the responsible officer may require the offender to participate in a residential exercise for the period specified in the instructions, and for that purpose—

(a) to present himself or herself to a person of a description specified in the instructions at a place so specified at the beginning of that period and to reside there for that period, or

(b) to participate for that period in an activity specified in the instructions.

(8) But instructions requiring the offender to participate in a residential exercise—

(a) may not require the offender to participate in such an exercise for a period of more than 7 days;

(b) may not be given except with the consent of a parent or guardian of the offender.

(9) Where the responsible officer gives instructions requiring the offender to participate in a residential exercise, the offender is required to comply with instructions given by, or under the authority of, the person in charge of the place or activity specified in the responsible officer's instructions.

Commencement Information

I61 Sch. 6 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activity requirement: general provisions E+W

7 E+W Instructions given by, or under the authority of, a person in charge of any place under any of the following provisions—

(a) paragraph 3(2)(b) (specified place obligation),

(b) paragraph 5(2)(a)(iii) (residential exercise obligation),

(c) paragraph 6(4) (obligation at place specified by responsible officer), or

(d) paragraph 6(9) (residential exercise at place specified by responsible officer),

may require the offender to engage in activities otherwise than at that place.

Commencement Information

I62 Sch. 6 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing an activity requirement E+W

8 E+W A court may not include an activity requirement in a youth rehabilitation order unless—

(a) the court has consulted—

(i) a member of a youth offending team, or

(ii) an officer of a provider of probation services,

and is satisfied that it is feasible to secure compliance with the requirement,

(b) the court is satisfied that provision can be made for the offender to participate in the activities that it proposes to specify in the order under the arrangements for persons to participate in such activities which exist in the local justice area in which the offender resides or is to reside, and

(c) if compliance with the requirement would require the co-operation of a person other than the offender and the responsible officer, that other person consents to its inclusion.

Commencement Information

I63 Sch. 6 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Supervision requirement

Supervision requirement E+W

9 E+W In this Code “supervision requirement”, in relation to a youth rehabilitation order, means a requirement that, while the order is in force, the offender must attend appointments with—

(a) the responsible officer, or

(b) another person determined by the responsible officer,

at times and places determined by the responsible officer.

Commencement Information

I64 Sch. 6 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Unpaid work requirement

Modifications etc. (not altering text)

C1 Sch. 6 Pt. 3 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Requirement E+W

10 (1) In this Code “unpaid work requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— E+W

(a) the work to be performed, and

(b) the times, during a period of 12 months, at which the offender is to perform it.

(2) The order must specify the number of hours which the offender may be required to work under the requirement.

(3) That number must be in aggregate—

(a) not less than 40, and

(b) not more than 240.

(4) Sub-paragraphs (1)(b) and (3) are subject to paragraphs 10(7) and 19 of Schedule 7 (which make provision for different limits where an unpaid work requirement is imposed or amended in further proceedings).

Commencement Information

I65 Sch. 6 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing an unpaid work requirement E+W

11 (1) A court may not impose an unpaid work requirement in respect of an offender unless it is satisfied— E+W

(a) that the offender is a suitable person to perform work under an unpaid work requirement, and

(b) that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the local justice area in which the offender resides or is to reside.

(2) In making a decision under sub-paragraph (1)(a) the court must (if it considers it necessary) hear—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

Commencement Information

I66 Sch. 6 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Programme requirement

Programme requirement E+W

12 (1) In this Code “programme requirement”, in relation to a youth rehabilitation order, means a requirement for the offender to participate in a particular systematic set of activities (a “programme”), which may have a residential component. E+W

(2) A youth rehabilitation order which imposes a programme requirement must specify—

(a) the programme,

(b) the place or places at which the offender is required to participate in it,

(c) the number of days on which the offender is required to participate in it, and

(d) if the programme has a residential component—

(i) the place where the offender is required to reside for the purposes of the residential component, and

(ii) the period for which the offender is required to reside there.

(3) For the purposes of this paragraph, a programme has “a residential component” if it is necessary to reside at a particular place for a particular period in order to participate in the programme.

(4) A programme requirement operates to require the offender, as instructed by the responsible officer—

(a) to participate in the programme on the number of days specified in the order at a place specified in the order, and

(b) while there, to comply with instructions given by, or under the authority of, the person in charge of the programme.

Commencement Information

I67 Sch. 6 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing a programme requirement E+W

13 (1) A court may not include a programme requirement in a youth rehabilitation order unless— E+W

(a) the programme which the court proposes to specify has been recommended to the court by—

(i) a member of a youth offending team, or

(ii) an officer of a provider of probation services,

as being suitable for the offender, and

(b) the court is satisfied that the programme is available at the place or places it proposes to specify.

For this purpose, “programme” has the same meaning as in paragraph 12.

(2) A court may not include a programme requirement in a youth rehabilitation order if compliance with the requirement would require the co-operation of a person other than the offender and the offender's responsible officer, unless that other person consents to its inclusion.

Commencement Information

I68 Sch. 6 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Attendance centre requirement

Modifications etc. (not altering text)

C2 Sch. 6 Pt. 5 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Attendance centre requirement E+W

14 (1) In this Code “attendance centre requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must attend at a particular attendance centre for a particular number of hours. E+W

(2) A youth rehabilitation order which imposes an attendance centre requirement must specify—

(a) the attendance centre, and

(b) the aggregate number of hours for which the offender may be required to attend at the attendance centre.

(3) That number of hours must be—

(a) if the offender is aged 16 or over at the time of conviction—

(i) not less than 12, and

(ii) not more than 36;

(b) if the offender is aged 14 or 15 at the time of conviction—

(i) not less than 12, and

(ii) not more than 24;

(c) if the offender is aged under 14 at the time of conviction, not more than 12.

(4) The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(5) The subsequent hours are to be fixed by the officer in charge of the centre—

(a) in accordance with arrangements made by the responsible officer, and

(b) having regard to the offender's circumstances.

(6) An offender may not be required under this paragraph to attend at an attendance centre—

(a) more than once on any day, or

(b) for more than 3 hours at a time.

(7) A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, during that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a) under the supervision of the officer in charge of the centre, and

(b) in accordance with instructions given by, or under the authority of, that officer.

Commencement Information

I69 Sch. 6 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing attendance centre requirement E+W

15 E+W A court may not include an attendance centre requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description and that provision can be made for the offender there (and the notice has not been withdrawn), and

(b) the court is satisfied that the attendance centre which it proposes to specify in the order is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

Commencement Information

I70 Sch. 6 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Prohibited activity requirement

Requirement E+W

16 (1) In this Code “prohibited activity requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must refrain from particular activities— E+W

(a) on one or more particular days, or

(b) for a particular period.

(2) Where the court makes a youth rehabilitation order imposing a prohibited activity requirement, the order must specify—

(a) the activities from which the offender must refrain;

(b) the day or days on which, or the period for which, the offender must refrain from those activities.

(3) A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Commencement Information

I71 Sch. 6 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing prohibited activity requirement E+W

17 E+W A court may not include a prohibited activity requirement in a youth rehabilitation order unless it has consulted—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

Commencement Information

I72 Sch. 6 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Curfew requirement

Modifications etc. (not altering text)

C3 Sch. 6 Pt. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Curfew requirement E+W

18 (1) In this Code “curfew requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. E+W

(2) A youth rehabilitation order which imposes a curfew requirement must specify—

(a) the curfew periods, and

(b) the place at which the offender must remain for each curfew period.

(3) Different places or different curfew periods may be specified for different days.

(4) The curfew periods must amount to—

(a) not less than 2 hours in any day, and

(b) not more than 16 hours in any day.

(5) The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Commencement Information

I73 Sch. 6 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements where court imposes curfew requirement E+W

19 (1) Before making a youth rehabilitation order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified under paragraph 18(2)(b). E+W

(2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.

(3) Where the court makes a youth rehabilitation order which imposes a curfew requirement it must also impose an electronic monitoring requirement (see Part 17 of this Schedule) unless—

(a) it is prevented from doing so by paragraph 44, or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

Commencement Information

I74 Sch. 6 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Exclusion requirement

Requirement E+W

20 (1) In this Code “exclusion requirement”, in relation to a youth rehabilitation order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”). E+W

(2) A youth rehabilitation order which imposes an exclusion requirement must specify—

(a) the prohibited place, and

(b) the exclusion period.

(3) The exclusion period must not be more than 3 months.

(4) A youth rehabilitation order may specify—

(a) more than one prohibited place;

(b) more than one exclusion period;

(c) different prohibited places for different exclusion periods or different days.

(5) A prohibited place may be an area.

Commencement Information

I75 Sch. 6 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement for electronic monitoring where court imposes exclusion requirement E+W

21 E+W Where the court makes a youth rehabilitation order which imposes an exclusion requirement it must also impose an electronic monitoring requirement (see Part 17 of this Schedule) unless—

(a) it is prevented from doing so by paragraph 44, or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

Commencement Information

I76 Sch. 6 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 E+W Residence requirement

Requirement E+W

22 (1) In this Code “residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must— E+W

(a) reside with a particular individual, or

(b) reside—

(i) at a particular place (“the required place”), or

(ii) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(a) must specify—

(a) the required period, and

(b) the individual with whom the offender is required to reside.

(3) A youth rehabilitation order which imposes a residence requirement within sub-paragraph (1)(b) (a “place of residence requirement”) must specify—

(a) the required period,

(b) the required place, and

(c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

Commencement Information

I77 Sch. 6 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Imposing a residence requirement: restrictions and requirements E+W

23 (1) A youth rehabilitation order which imposes a residence requirement within paragraph 22(1)(a) may not specify, as the individual with whom the offender is required to reside, an individual who has not consented to the requirement. E+W

(2) A court may not include a place of residence requirement in a youth rehabilitation order unless the offender is aged 16 or over at the time of conviction.

(3) Before making a youth rehabilitation order containing a place of residence requirement, the court must consider the home surroundings of the offender.

(4) A hostel or other institution may not be specified as the required place, except on the recommendation of—

(a) a member of a youth offending team,

(b) an officer of a provider of probation services, or

(c) a social worker of a local authority.

(5) In this paragraph, “place of residence requirement” and “the required place” have the same meanings as in paragraph 22.

Commencement Information

I78 Sch. 6 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 E+W Local authority residence requirement

Requirement E+W

24 (1) In this Code “local authority residence requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the required period”), the offender must reside in accommodation provided by or on behalf of a particular local authority. E+W

(2) A youth rehabilitation order which imposes a local authority residence requirement may also stipulate that the offender is not to reside with a particular person.

(3) A youth rehabilitation order which imposes a local authority residence requirement must specify—

(a) the required period,

(b) the local authority which is to receive the offender, and

(c) any person with whom the offender is not to reside by virtue of sub-paragraph (2).

(4) The required period must—

(a) not be longer than 6 months, and

(b) end before the offender reaches the age of 18.

(5) The authority specified must be the local authority in whose area the offender resides or is to reside.

Commencement Information

I79 Sch. 6 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing local authority residence requirement E+W

25 E+W A court may not include a local authority residence requirement in a youth rehabilitation order made in respect of an offence unless the requirements in A to C are met.

1 The court is satisfied that—

(a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) imposing that requirement would assist in the offender's rehabilitation.

2 The court has consulted—

(a) a parent or guardian of the offender (unless it is impracticable to do so), and

(b) the local authority which is to receive the offender.

3 The offender was legally represented in court when the court was considering whether to impose the local authority residence requirement, but this does not apply if—

(a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or

(b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

For this purpose, “the proceedings” means—

• the whole proceedings, or

• the part of the proceedings relating to the imposition of the local authority residence requirement.

Commencement Information

I80 Sch. 6 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 11 E+W Fostering requirement

Requirement E+W

26 (1) In this Code “fostering requirement”, in relation to a youth rehabilitation order, means a requirement that, for a particular period (“the fostering period”), the offender must reside with a local authority foster parent. E+W

(2) A youth rehabilitation order which imposes a fostering requirement must specify—

(a) the fostering period, and

(b) the local authority which is to place the offender with a local authority foster parent under—

(i) section 22C of the Children Act 1989, or

(ii) section 81 of the Social Services and Well-being (Wales) Act 2014 (anaw 4).

(3) The fostering period—

(a) must end no later than the end of the period of 12 months beginning with the day on which the requirement takes effect, and

(b) must end before the offender reaches the age of 18.

This is subject to paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7 (substitute fostering requirement).

(4) The authority specified must be the local authority in whose area the offender resides or is to reside.

(5) Sub-paragraph (6) applies if during the fostering period the responsible officer notifies the offender—

(a) that no suitable local authority foster parent is available, and

(b) that the responsible officer has applied, or proposes to apply, under Part 3 or 4 of Schedule 7 for the youth rehabilitation order to be amended or revoked.

(6) The fostering requirement has effect, until the application is determined, as a requirement for the offender to reside in accommodation provided by or on behalf of a local authority.

(7) This paragraph does not affect the power of a local authority to place with a local authority foster parent an offender in respect of whom a local authority residence requirement is imposed.

Commencement Information

I81 Sch. 6 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing fostering requirement E+W

27 E+W A court may not make a youth rehabilitation order which imposes a fostering requirement unless the requirements in A to D are met.

1 The court is satisfied that—

(a) the behaviour which constituted the offence was due to a significant extent to the circumstances in which the offender was living, and

(b) imposing that requirement would assist in the offender's rehabilitation.

2 The court has been notified by the Secretary of State that arrangements for implementing such a requirement are available in the area of the local authority which is to place the offender with a local authority foster parent (and the notice has not been withdrawn).

3 The court has consulted—

(a) the offender's parents or guardians (unless it is impracticable to do so), and

(b) the local authority which is to place the offender with a local authority foster parent.

4 The offender was legally represented in court when the court was considering whether to impose the fostering requirement, but this does not apply if—

(a) representation was made available to the offender for the purposes of the proceedings under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 but was withdrawn because of the offender's conduct, or

(b) the offender has been informed of the right to apply for such representation for the purposes of the proceedings and has had the opportunity to do so, but nevertheless refused or failed to apply.

For this purpose, “the proceedings” means—

• the whole proceedings, or

• the part of the proceedings relating to the imposition of the fostering requirement.

Commencement Information

I82 Sch. 6 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 12 E+W Mental health treatment requirement

Mental health treatment requirement E+W

28 (1) In this Code “mental health treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— E+W

(a) in-patient treatment,

(b) institution-based out-patient treatment, or

(c) practitioner-based treatment.

(2) For this purpose—

• “mental health treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a registered medical practitioner or registered psychologist, and

  (b)

  with a view to improvement of the offender's mental condition;

• “in-patient treatment” means treatment as a resident patient in—

  (a)

  a care home,

  (b)

  an independent hospital, or

  (c)

  a hospital within the meaning of the Mental Health Act 1983,

  but not in hospital premises where high security psychiatric services are provided;

• “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

• “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3) A youth rehabilitation order which imposes a mental health treatment requirement must specify—

(a) the period or periods during which the offender is required to submit to mental health treatment, and

(b) for each such period—

(i) if the mental health treatment is to be in-patient treatment, the care home or hospital where it is to be provided;

(ii) if it is to be institution-based out-patient treatment, the institution or place where it is to be provided;

(iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4) In this paragraph—

• “care home” means—

  (a)

  a care home in England within the meaning of the Care Standards Act 2000, or

  (b)

  a place in Wales at which a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)) is provided;

• “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

• “independent hospital”—

  (a)

  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;

• “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(5) While the offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a youth rehabilitation order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of the revocation or amendment of the order.

Commencement Information

I83 Sch. 6 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing mental health treatment requirement E+W

29 (1) A court may not include a mental health treatment requirement in a youth rehabilitation order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a) requires treatment,

(b) may be susceptible to treatment, and

(c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, if that treatment is, or includes, in-patient treatment (see paragraph 28(2)).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I84 Sch. 6 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Alternative arrangements for mental health treatment E+W

30 (1) Where— E+W

(a) an offender is being treated in pursuance of a mental health treatment requirement, and

(b) the treatment practitioner is of the opinion that part of the treatment can be better or more conveniently given in an institution or at a place—

(i) which is not specified in the youth rehabilitation order, and

(ii) where the treatment of the offender will be given by or under the direction of a registered medical practitioner or registered psychologist,

the treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(2) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(3) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the youth rehabilitation order.

(4) Where alternative arrangements are made—

(a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender is required to submit in pursuance of the mental health treatment requirement, and

(b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.

(5) In this paragraph—

• “registered psychologist” means a person for the time being registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

• “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

Commencement Information

I85 Sch. 6 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 13 E+W Drug treatment requirement

Requirement E+W

31 (1) In this Code “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”), to drug rehabilitation treatment. E+W

Such treatment may be resident treatment or non-resident treatment.

(2) In this paragraph—

• “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person having the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender's dependency on, or propensity to misuse, drugs;

• “resident treatment” means treatment as a resident in a particular institution or place;

• “non-resident treatment” means treatment as a non-resident at a particular institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) A youth rehabilitation order which imposes a drug treatment requirement must specify—

(a) the treatment period or treatment periods, and

(b) for each treatment period—

(i) the treatment director;

(ii) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Commencement Information

I86 Sch. 6 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing drug treatment requirement E+W

32 (1) A court may not include a drug treatment requirement in a youth rehabilitation order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the availability condition,

(c) the arrangements condition,

(d) the suitability condition, and

(e) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on drugs, or

(ii) has a propensity to misuse drugs, and

(b) that the offender's dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 31(2)).

(5) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

(6) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I87 Sch. 6 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Meaning of “drug” E+W

33 E+W In this Part of this Schedule, “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Commencement Information

I88 Sch. 6 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 14 E+W Drug testing requirement

Requirement E+W

34 (1) In this Code “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, during any treatment period, the offender must, for the purpose of ascertaining whether there is any drug in the offender's body during that period, provide samples in accordance with instructions given by— E+W

(a) the responsible officer, or

(b) the treatment director.

(2) A youth rehabilitation order which imposes a drug testing requirement—

(a) must specify, for each month, the minimum number of occasions when samples are to be provided, and

(b) may specify—

(i) when and in what circumstances the responsible officer or treatment director may require the offender to provide samples, and

(ii) the kinds of sample which may be required.

(3) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer, if they are not carried out by the responsible officer.

(4) In this paragraph—

(a) “drug” has the meaning given by paragraph 33;

(b) “treatment director” and “treatment period” have the same meanings as in paragraph 31.

Commencement Information

I89 Sch. 6 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing drug testing requirement E+W

35 (1) A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement. E+W

(2) A court may not include a drug testing requirement in a youth rehabilitation order unless the following conditions are met—

(a) the availability condition, and

(b) the consent condition.

(3) The availability condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I90 Sch. 6 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 15 E+W Intoxicating substance treatment requirement

Requirement E+W

36 (1) In this Code “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”) to substance abuse treatment. E+W

Such treatment may be resident treatment or non-resident treatment.

(2) In this paragraph—

• “substance abuse treatment” means treatment which is—

  (a)

  by or under the direction of a person having the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances;

• “resident treatment” means treatment as a resident in a particular institution or place;

• “non-resident treatment” means treatment as a non-resident at a particular institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) A youth rehabilitation order which imposes an intoxicating substance treatment requirement must specify—

(a) the treatment period or treatment periods, and

(b) for each treatment period—

(i) the treatment director;

(ii) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Commencement Information

I91 Sch. 6 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing intoxicating substance treatment requirement E+W

37 (1) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition,

(c) the suitability condition, and

(d) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on intoxicating substances, or

(ii) has a propensity to misuse intoxicating substances, and

(b) that the offender's dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 36(2)).

(4) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

(5) The consent condition is that the offender has expressed willingness to comply with the requirement.

Commencement Information

I92 Sch. 6 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Meaning of “intoxicating substance” E+W

38 E+W In this Part of this Schedule “intoxicating substance” means—

(a) alcohol, or

(b) any other substance or product which—

(i) can be used for the purpose of causing intoxication (whether through inhaling it or its fumes or otherwise), and

(ii) is not a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Commencement Information

I93 Sch. 6 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 16 E+W Education requirement

Requirement E+W

39 (1) In this Code “education requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must comply, during a particular period or particular periods, with arrangements for the offender's education— E+W

(a) made for the time being by the offender's parent or guardian, and

(b) approved by a relevant authority.

(2) A youth rehabilitation order which imposes an education requirement must specify—

(a) the relevant authority for the purposes of the requirement, and

(b) the period or periods during which the offender must comply with the education arrangements.

(3) The authority specified as the relevant authority must be the local authority (within the meaning of the Education Act 1996) for the area in which the offender resides or is to reside.

(4) Any period specified must end by the time the offender ceases to be of compulsory school age.

(5) In this paragraph, “parent” has the same meaning as in the Education Act 1996.

Commencement Information

I94 Sch. 6 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing education requirement E+W

40 E+W A court may not include an education requirement in a youth rehabilitation order unless—

(a) it has consulted the authority which is to be specified as the relevant authority (within the meaning of paragraph 39), and

(b) it is satisfied—

(i) that, in the view of that authority, arrangements exist for the offender to receive efficient full-time education suitable to the offender's age, ability, aptitude and special educational needs (if any), and

(ii) that, having regard to the circumstances of the case, it is necessary to include the education requirement in order to secure the good conduct of the offender or to prevent the commission of further offences.

Commencement Information

I95 Sch. 6 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 17 E+W Electronic monitoring requirement

Modifications etc. (not altering text)

C4 Sch. 6 Pt. 17 applied (with modifications) by 2008 c. 4, s. 39(6)(b), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Requirement E+W

41 E+W In this Code “electronic monitoring requirement”, in relation to a youth rehabilitation order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a particular period (“the monitoring period”).

Commencement Information

I96 Sch. 6 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Person responsible for electronic monitoring E+W

42 (1) A youth rehabilitation order which imposes an electronic monitoring requirement must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Commencement Information

I97 Sch. 6 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Monitoring period E+W

43 (1) A youth rehabilitation order which imposes an electronic monitoring requirement must— E+W

(a) specify the monitoring period, or

(b) provide for the responsible officer to determine the monitoring period in accordance with the order.

(2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the order.

(3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring.

Commencement Information

I98 Sch. 6 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing electronic monitoring E+W

44 (1) Where— E+W

(a) it is proposed to include an electronic monitoring requirement in a youth rehabilitation order, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person's consent.

(2) A court may not include an electronic monitoring requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for electronic monitoring of offenders are available—

(i) in the local justice area proposed to be specified in the order as the offender's home local justice area, and

(ii) for each requirement mentioned in the table in sub-paragraph (3) which the court proposes to include in the order, in the area in which the relevant place specified in the table for that requirement is situated,

(and the notice has not been withdrawn in relation to any of those areas), and

(b) the court is satisfied that the necessary provision can be made under the arrangements currently available.

(3) That table is—

Proposed requirement of youth rehabilitation order	Relevant place
Curfew requirement	The place which the court proposes to specify in the order for the purposes of that requirement.
Exclusion requirement	The prohibited place (within the meaning of paragraph 20) which the court proposes to specify in the order.
Attendance centre requirement	The attendance centre which the court proposes to specify in the order.

Commencement Information

I99 Sch. 6 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 195

SCHEDULE 7 E+W Breach, revocation or amendment of youth rehabilitation order

Modifications etc. (not altering text)

C5 Sch. 7 applied (with modifications) by 2008 c. 4, s. 39(6)(c), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Interpretation E+W

1 (1) In this Schedule, a reference (however expressed) to an offender's breach of a requirement of a youth rehabilitation order is a reference to any failure of the offender to comply— E+W

(a) with a requirement imposed by the order, or

(b) if the order imposes an attendance centre requirement, with rules made under section 394(1)(d) or (e) (attendance centre rules).

(2) For the purposes of this Schedule—

(a) a requirement falling within any Part of Schedule 6 is of the same kind as any other requirement falling within that Part, and

(b) an electronic monitoring requirement is a requirement of the same kind as any other youth rehabilitation requirement to which it relates.

Commencement Information

I100 Sch. 7 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth rehabilitation order subject to magistrates' court supervision E+W

2 E+W For the purposes of this Schedule—

(a) “Crown Court youth rehabilitation order” means a youth rehabilitation order which—

(i) was made by the Crown Court, and

(ii) does not include a direction under section 189 (power for Crown Court to direct magistrates' court supervision);

(b) a youth rehabilitation order is “subject to magistrates' court supervision” if it—

(i) was made by a magistrates' court, or

(ii) was made by the Crown Court and includes a direction under that section.

Commencement Information

I101 Sch. 7 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

3 E+W Where a youth rehabilitation order has been made on appeal, for the purposes of this Schedule it is treated—

(a) if it was made on an appeal from a magistrates' court, as having been made by a magistrates' court;

(b) if it was made on an appeal—

(i) from the Crown Court, or

(ii) from the Court of Appeal,

as having been made by the Crown Court.

Commencement Information

I102 Sch. 7 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Breach of requirement of order

Duty to give warning or lay information relating to breach of order E+W

4 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a youth rehabilitation order. E+W

(2) Sub-paragraph (3) applies if—

(a) the breach occurred during a warned period relating to an earlier breach of the order, and

(b) during that warned period the offender had been given a further warning in relation to the order.

(3) The responsible officer must cause an information to be laid before a justice of the peace in respect of that breach unless of the opinion that there are exceptional circumstances which justify not doing so.

(4) If sub-paragraph (3) does not apply, the responsible officer must either—

(a) give the offender a warning under this paragraph, or

(b) cause an information to be laid before a justice of the peace in respect of that breach.

(5) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that the offender will be liable to be brought before a court if the offender breaches a requirement of the order again—

(i) more than once during the warned period, or

(ii) if the warning is given during the warned period relating to an earlier breach of the order, during that warned period.

(6) For the purposes of this paragraph, “warned period”, in relation to a breach of a requirement of the youth rehabilitation order, means the period of 12 months beginning with the date on which a warning is given under this paragraph in relation to the breach.

(7) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I103 Sch. 7 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

5 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force, and

(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a Crown Court youth rehabilitation order, before the Crown Court, and

(b) in any other case, before the appropriate court.

(4) In sub-paragraph (3), “appropriate court” means—

(a) if the offender is aged under 18, a youth court acting in the relevant local justice area, and

(b) if the offender is aged 18 or over, a magistrates' court (other than a youth court) acting in that local justice area.

(5) In sub-paragraph (4), “relevant local justice area” means—

(a) the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, the offender's home local justice area.

(6) Sub-paragraphs (7) and (8) apply where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to it.

(7) If the summons required the offender to appear before the Crown Court, the Crown Court may—

(a) if the summons was issued by a justice of the peace, issue a further summons requiring the offender to appear at the place and time specified in it, or

(b) in any case, issue a warrant for the arrest of the offender.

(8) If the summons required the offender to appear before a magistrates' court, the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I104 Sch. 7 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of magistrates' court E+W

6 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before a youth court or other magistrates' court under paragraph 5, and

(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2) The court may deal with the case under sub-paragraph (5).

(3) If the youth rehabilitation order was made by the Crown Court, the court may instead—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4) Where a court deals with the offender's case under sub-paragraph (3) it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has breached the youth rehabilitation order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5) Where the court deals with the case under this sub-paragraph, it may deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c) by re-sentencing the offender for the relevant offence.

(6) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the court has just convicted the offender of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(7) Sub-paragraph (5)(b) is subject to paragraph 10.

(8) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(9) Where the court—

(a) deals with the offender under sub-paragraph (5)(b), and

(b) does not act in the offender's home local justice area,

it may exercise the power in paragraph 15 (amendment by reason of change of residence) as if it were the appropriate court for the purposes of that paragraph.

(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the youth rehabilitation order if it is still in force.

(11) An offender may appeal to the Crown Court against a sentence imposed under sub-paragraph (5)(c).

Commencement Information

I105 Sch. 7 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

7 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before the Crown Court under paragraph 5 or by virtue of paragraph 6(3), and

(b) it is proved to the satisfaction of that court that the offender has breached a requirement of the youth rehabilitation order without reasonable excuse,

and must be read with paragraphs 8 to 11.

(2) The Crown Court may deal with the offender in respect of that breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the youth rehabilitation order to add or substitute any requirement which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence;

(c) by re-sentencing the offender for the relevant offence.

(3) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

(4) Sub-paragraph (2)(b) is subject to paragraph 10.

(5) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(6) Where the Crown Court deals with an offender under sub-paragraph (2)(c), it must revoke the youth rehabilitation order if it is still in force.

(7) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the youth rehabilitation order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I106 Sch. 7 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction of powers in paragraphs 6 and 7 where treatment required E+W

8 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of the youth rehabilitation order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 6 or 7 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3) In this paragraph, “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) an intoxicating substance treatment requirement.

Commencement Information

I107 Sch. 7 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Fines imposed under paragraphs 6 and 7 E+W

9 (1) A fine imposed under paragraph 6(5)(a) or 7(2)(a) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction. E+W

(2) Where—

(a) a court is dealing with an offender for breach of a requirement of a youth rehabilitation order,

(b) the offender is aged under 18, and

(c) but for this sub-paragraph, the court would impose a fine under paragraph 6(5)(a) or 7(2)(a),

section 380 (order for payment by parent or guardian) applies to the fine.

Commencement Information

I108 Sch. 7 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 6 and 7 to impose other requirements: further provisions E+W

10 (1) This paragraph applies where— E+W

(a) the magistrates' court deals with the offender under paragraph 6(5)(b), or

(b) the Crown Court deals with the offender under paragraph 7(2)(b).

(2) Paragraphs 6(5)(b) and 7(2)(b) have effect subject to any provision that applies to the court in making a youth rehabilitation order as if the court were imposing the requirements on making the order.

That is subject to the following provisions of this paragraph and to paragraph 11.

(3) Subject to sub-paragraph (4), any requirement imposed under paragraph 6(5)(b) or 7(2)(b) must be capable of being complied with before the end date.

(4) In dealing with an offender under paragraph 6(5)(b) or 7(2)(b) the court may substitute a later date for the end date.

(5) A date substituted under sub-paragraph (4)—

(a) must not be more than 6 months after the existing end date;

(b) subject to that, may be more than 3 years after the date on which the order took effect.

(6) Once the power in sub-paragraph (4) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(7) Where—

(a) in dealing with the offender under paragraph 6(5)(b) or 7(2)(b), the court imposes an unpaid work requirement, and

(b) the youth rehabilitation order does not already contain an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 10(3) of Schedule 6) must not, in aggregate, be less than 20.

(8) The court may not under paragraph 6(5)(b) or 7(2)(b) impose—

(a) an extended activity requirement, or

(b) a fostering requirement,

if the order does not already impose such a requirement.

(9) Sub-paragraph (10) applies where—

(a) the order includes a fostering requirement (the “original requirement”), and

(b) under paragraph 6(5)(b) or 7(2)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(10) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

Commencement Information

I109 Sch. 7 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 6 and 7 to re-sentence: further provisions relating to intensive supervision and surveillance E+W

11 (1) This paragraph applies where— E+W

(a) the court is dealing with the offender under paragraph 6(5)(c) or 7(2)(c) for an offence, and

(b) the offender has wilfully and persistently failed to comply with the youth rehabilitation order.

(2) The court may impose a youth rehabilitation order with intensive supervision and surveillance even if—

(a) the offence is not an imprisonable offence, or

(b) the court is not of the opinion mentioned in section 180(2)(a) (custodial sentence otherwise appropriate).

(3) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance, and

(b) the offence is an imprisonable offence,

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (threshold for imposing discretionary custodial sentence).

(4) If—

(a) the order is a youth rehabilitation order with intensive supervision and surveillance which was imposed by virtue of sub-paragraph (2), and

(b) the offence is not an offence punishable with imprisonment,

the court's powers under paragraph 6(5)(c) or 7(2)(c) to deal with the offender for the offence include power to make a detention and training order for a term not exceeding 4 months.

Commencement Information

I110 Sch. 7 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Revocation of order with or without re-sentencing

Youth rehabilitation order subject to magistrates' court supervision E+W

12 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order subject to magistrates' court supervision is in force in respect of an offender,

(b) the offender or the responsible officer makes an application to the appropriate court under this sub-paragraph.

(2) In this paragraph, “the appropriate court” means—

(a) if the offender is aged under 18 when the application under sub-paragraph (1) is made, a youth court acting in the offender's home local justice area, and

(b) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area.

(3) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(4) Unless the application was made by the offender, the appropriate court—

(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(5) If it appears to the appropriate court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the appropriate court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(6) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (5) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

(9) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the appropriate court.

Commencement Information

I111 Sch. 7 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crown Court youth rehabilitation order E+W

13 (1) This paragraph applies where a Crown Court youth rehabilitation order is in force and— E+W

(a) the offender, or

(b) the responsible officer,

makes an application to the Crown Court under this sub-paragraph.

(2) No application may be made under sub-paragraph (1) while an appeal against the youth rehabilitation order is pending.

(3) Unless the application was made by the offender, the Crown Court—

(a) must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(5) The circumstances in which a youth rehabilitation order may be revoked under sub-paragraph (4) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the youth rehabilitation order.

(7) If the application is dismissed, no-one may make a further application under sub-paragraph (1) during the 3 month period beginning with the date of the dismissal, except with the consent of the Crown Court.

Commencement Information

I112 Sch. 7 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Amendment of order

Appropriate court E+W

14 E+W In this Part of this Schedule, “the appropriate court”, in relation to an application relating to a youth rehabilitation order, means—

(a) if the order is subject to magistrates' court supervision—

(i) if the offender is aged under 18 when the application is made, a youth court acting in the offender's home local justice area, and

(ii) if the offender is aged 18 or over at that time, a magistrates' court (other than a youth court) acting in that local justice area;

(b) if the order is a Crown Court youth rehabilitation order, the Crown Court.

Commencement Information

I113 Sch. 7 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment by appropriate court E+W

15 (1) This paragraph applies where— E+W

(a) a youth rehabilitation order is in force, and

(b) an application for the amendment of the order is made to the appropriate court by—

(i) the offender, or

(ii) the responsible officer.

(2) If the appropriate court is satisfied that the offender proposes to reside, or is residing, in a local justice area (a “new local justice area”) other than the offender's home local justice area for the time being specified in the order, the court—

(a) must, if the responsible officer made the application under sub-paragraph (1)(b), or

(b) may, in any other case,

amend the youth rehabilitation order to specify the new local justice area as the offender's home local justice area.

This is subject to paragraph 16.

(3) The appropriate court may by order amend the youth rehabilitation order—

(a) by cancelling any of the youth rehabilitation requirements of the order, or

(b) by replacing any of those requirements with a youth rehabilitation requirement of the same kind which it could include in a youth rehabilitation order if, applying the relevant assumptions, it were now making such an order in respect of the relevant offence.

This is subject to paragraph 17.

(4) In this paragraph—

• “relevant offence” means the offence in respect of which the youth rehabilitation order was made, and

• the “relevant assumptions” are that—

  (a)

  the offender has just been convicted by or before the appropriate court of the relevant offence, and

  (b)

  the offender is the same age as when in fact convicted of that offence.

Commencement Information

I114 Sch. 7 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers under paragraph 15(2): further provision E+W

16 (1) This paragraph applies where— E+W

(a) an application has been made under paragraph 15(1)(b) in respect of a youth rehabilitation order, and

(b) the court proposes to exercise its powers under paragraph 15(2) to specify a new local justice area in the order.

(2) Sub-paragraphs (3) and (4) apply if the youth rehabilitation order contains one or more requirements which, in the opinion of the court, cannot be complied with unless the offender continues to reside in the area then specified as the offender's home local justice area (each, a “specific area requirement”).

(3) The court may not amend the order under paragraph 15(2) to specify a new local justice area unless it also exercises the power in paragraph 15(3) (by cancelling or substituting each specific area requirement) so that the order can be complied with if the offender resides in the new local justice area.

(4) If the application was made by the responsible officer, the court must exercise the power in paragraph 15(3) in that way unless it considers it inappropriate to do so.

(5) Sub-paragraph (6) applies if the youth rehabilitation order imposes a programme requirement.

(6) The court may not amend the order under paragraph 15(2) unless it is satisfied that a programme which—

(a) corresponds as nearly as practicable to the programme specified in the order for the purposes of the programme requirement, and

(b) is suitable for the offender,

is available in the new local justice area.

Commencement Information

I115 Sch. 7 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers under paragraph 15(3)(b): further provision E+W

17 (1) Before exercising its powers under paragraph 15(3)(b) (replacing requirements of a youth rehabilitation order), the court must summon the offender to appear before it, unless— E+W

(a) the application under paragraph 15(1)(b) was made by the offender, or

(b) the court would exercise the powers only to—

(i) replace any requirement of the youth rehabilitation order with one of a shorter duration, or

(ii) substitute a new local justice area or place for one specified in the order.

(2) If the offender fails to appear in answer to a summons under sub-paragraph (1) the court may issue a warrant for the offender's arrest.

(3) Any requirement imposed under paragraph 15(3)(b) must be capable of being complied with before the end date.

This is subject to paragraph 18.

(4) Any provision that applies to a court where it imposes a requirement on making a youth rehabilitation order applies also to the court where it imposes such a requirement under paragraph 15(3)(b).

That is subject to the following provisions of this paragraph and paragraphs 18 and 19.

(5) Sub-paragraph (6) applies where—

(a) the order includes a fostering requirement (the “original requirement”), and

(b) under paragraph 15(3)(b) the court proposes to substitute a new fostering requirement (“the substitute requirement”) for the original requirement.

(6) The fostering period (see paragraph 26(3) of Schedule 6) for the substitute requirement must end—

(a) within 18 months beginning with the day on which the original requirement first took effect, and

(b) before the offender reaches the age of 18.

(7) The court may not under paragraph 15(3)(b) impose—

(a) a mental health treatment requirement,

(b) a drug treatment requirement, or

(c) a drug testing requirement,

unless the offender has expressed willingness to comply with the requirement.

(8) If the offender fails to express willingness to comply with a mental health treatment requirement, a drug treatment requirement or a drug testing requirement which the court proposes to impose under paragraph 15(3)(b), the court may—

(a) revoke the youth rehabilitation order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Commencement Information

I116 Sch. 7 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of order E+W

18 (1) The appropriate court may, on the application of— E+W

(a) the offender, or

(b) the responsible officer,

amend a youth rehabilitation order by substituting a later date for the end date.

(2) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

(3) A date substituted under sub-paragraph (1)—

(a) must not be more than 6 months after the existing end date;

(b) subject to that, may be more than 3 years after the date on which the order took effect.

(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

Commencement Information

I117 Sch. 7 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of unpaid work requirement E+W

19 (1) This paragraph applies where a youth rehabilitation order imposing an unpaid work requirement is in force in respect of an offender. E+W

(2) The appropriate court may, on the application of—

(a) the offender, or

(b) the responsible officer,

extend the period of 12 months specified in paragraph 10(1)(b) of Schedule 6, if it appears to the appropriate court to be in the interests of justice to do so having regard to circumstances which have arisen since the order was made.

(3) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

Commencement Information

I118 Sch. 7 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Conviction of further offence

Powers of magistrates' court following subsequent conviction E+W

20 E+W Paragraphs 21 and 22 apply where—

(a) a youth rehabilitation order (“the existing youth rehabilitation order”) is in force in respect of an offender, and

(b) the offender is convicted of an offence (the “further offence”) by a youth court or other magistrates' court (“the convicting court”).

Commencement Information

I119 Sch. 7 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

21 (1) This paragraph applies if— E+W

(a) the existing youth rehabilitation order is subject to magistrates' court supervision, and

(b) the convicting court is dealing with the offender for the further offence.

(2) If it appears to the convicting court to be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the convicting court may—

(a) revoke the youth rehabilitation order, or

(b) both—

(i) revoke the youth rehabilitation order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the convicting court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the court may issue a warrant for the offender's arrest.

(5) If the convicting court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I120 Sch. 7 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 (1) Sub-paragraph (2) applies if— E+W

(a) the existing youth rehabilitation order was made by the Crown Court but is subject to magistrates' court supervision, and

(b) the convicting court would, but for this paragraph, deal with the offender for the further offence.

(2) The convicting court may, instead of proceeding under paragraph 21—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(3) Sub-paragraph (4) applies if the youth rehabilitation order is a Crown Court youth rehabilitation order.

(4) The convicting court may—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(5) Where the convicting court deals with an offender's case under sub-paragraph (2) or (4), it must send the Crown Court such particulars of the case as may be desirable.

(6) Unless the offender is before it, the convicting court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(7) If the offender fails to appear in answer to a summons under sub-paragraph (6) the court may issue a warrant for the offender's arrest.

Commencement Information

I121 Sch. 7 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court following subsequent conviction E+W

23 (1) This paragraph applies where a youth rehabilitation order is in force in respect of an offender, and the offender— E+W

(a) is convicted by the Crown Court of an offence, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 22(2) or (4), or

(ii) having been committed by a magistrates' court to the Crown Court for sentence.

(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the youth rehabilitation order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.

(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

(6) If the offender is brought or appears before the Crown Court by virtue of paragraph 22(2) or (4), the Crown Court may deal with the offender for the further offence in any way which the convicting court could have dealt with the offender for that offence.

(7) In sub-paragraph (6), “further offence” and “the convicting court” have the meanings given by paragraph 20.

Commencement Information

I122 Sch. 7 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Supplementary

Warrants E+W

24 (1) Sub-paragraph (2) applies where an offender— E+W

(a) is arrested under a warrant issued by virtue of this Schedule, and

(b) cannot immediately be brought before the court before which the warrant directs the offender to be brought (“the relevant court”).

(2) The person in whose custody the offender is—

(a) may arrange for the offender to be detained in a place of safety for a period of not more than 72 hours from the time of the arrest, and

(b) must, within that period, bring the offender before a youth court or, if the offender is aged 18 or over, a magistrates' court other than a youth court.

(3) In the case of a warrant issued by the Crown Court, section 81(5) of the Senior Courts Act 1981 (duty to bring person before magistrates' court) does not apply.

(4) A person detained in accordance with arrangements under sub-paragraph (2)(a) is deemed to be lawfully detained.

Commencement Information

I123 Sch. 7 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 (1) This paragraph applies where the court before which the offender is brought under paragraph 24(2) (“the alternative court”) is not the relevant court. E+W

(2) If the relevant court is a magistrates' court—

(a) the alternative court may—

(i) direct that the offender be released forthwith, or

(ii) remand the offender, and

(b) section 128 of the Magistrates' Courts Act 1980 (remand in custody or on bail) applies as if the court referred to in subsections (1)(a), (3), (4)(a) and (5) were the relevant court.

(3) If the relevant court is the Crown Court, section 43A of the Magistrates' Courts Act 1980 (functions of magistrates' court where a person in custody is brought before it with a view to appearance before the Crown Court) applies as if, in subsection (1)—

(a) the words “issued by the Crown Court” were omitted, and

(b) the reference to section 81(5) of the Senior Courts Act 1981 were a reference to paragraph 24(2)(b).

(4) If the offender is aged under 18, any power conferred by section 43A or 128 of the Magistrates' Courts Act 1980 to remand the offender in custody is to be taken to be a power to remand the offender to accommodation provided by or on behalf of a local authority.

(5) If the court remands the offender to accommodation provided by or on behalf of a local authority, it must designate, as the authority which is to receive the offender, the local authority for the area in which it appears to the court that the offender resides.

(6) In this paragraph “relevant court” has the same meaning as in paragraph 24.

Commencement Information

I124 Sch. 7 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Adjournment of proceedings E+W

26 (1) This paragraph applies to any hearing relating to an offender held by a youth court or other magistrates' court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing.

(3) Where the court adjourns the hearing under sub-paragraph (2), it may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(4) Where the court remands the offender under sub-paragraph (3)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) the remand must require the offender to be brought before the court at that time and place.

(5) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, must not resume the hearing unless it is satisfied that the following persons have had adequate notice of the time and place of the resumed hearing—

(i) the offender,

(ii) if the offender is aged under 14, a parent or guardian of the offender, and

(iii) the responsible officer.

(6) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(7) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I125 Sch. 7 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies of orders etc E+W

27 (1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a youth rehabilitation order. E+W

(2) The court must forthwith provide copies of the revoking or amending order to—

(a) the offender,

(b) if the offender is aged under 14, to the offender's parent or guardian, and

(c) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also forthwith provide a copy of the amending order to—

(a) a provider of probation services operating in that area, and

(b) the magistrates' court acting in that area.

(4) If the court amends the youth rehabilitation order by imposing or cancelling a requirement specified in column 1 of the table in sub-paragraph (6), it must also forthwith provide the person specified for that requirement in column 2 with a copy of so much of the amending order as relates to that requirement.

(5) If the court revokes the youth rehabilitation order, for each requirement specified in column 1 of that table that the order imposed, the court must forthwith provide the person specified for that requirement in column 2 of that table with a copy of the revoking order.

(6) That table is—

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement requiring residence with an individual.	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.	The person in charge of the institution
A local authority residence requirement.	The local authority specified under paragraph 24(3)(b) of Schedule 6
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.	The relevant authority specified under paragraph 39(2)(a) of Schedule 6
An electronic monitoring requirement.	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(7) If the youth rehabilitation order is revoked by a magistrates' court acting in a local justice area other than the offender's home local justice area, the court must forthwith provide a copy of the revoking order to a magistrates' court acting in the offender's home local justice area.

(8) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

Commencement Information

I126 Sch. 7 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 196

SCHEDULE 8 E+W+N.I. Transfer of youth rehabilitation orders to Northern Ireland

Modifications etc. (not altering text)

C6 Sch. 8 applied (with modifications) by 2008 c. 4, s. 39(6)(d), Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W+N.I. Powers of court in England and Wales to make or amend a youth rehabilitation order where offender resides or proposes to reside in Northern Ireland

Making of youth rehabilitation order where offender will reside in Northern Ireland E+W+N.I.

1 (1) This paragraph applies where— E+W+N.I.

(a) a youth rehabilitation order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a youth rehabilitation order is made, will reside there when the order takes effect.

(2) The court may make a youth rehabilitation order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by—

(i) the Probation Board for Northern Ireland, or

(ii) any other designated body, and

(b) the order will satisfy paragraphs 4 to 6.

Commencement Information

I127 Sch. 8 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of youth rehabilitation order where offender will reside in Northern Ireland E+W+N.I.

2 (1) This paragraph applies where— E+W+N.I.

(a) a youth rehabilitation order is in force,

(b) the appropriate court (within the meaning given in paragraph 14 of Schedule 7) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by—

(i) the Probation Board for Northern Ireland, or

(ii) any other designated body.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 7 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 to 6.

Commencement Information

I128 Sch. 8 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W+N.I. Requirements etc: availability and modifications of Schedule 6

Requirements: availability and restrictions E+W+N.I.

3 E+W+N.I. This Part of this Schedule applies where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I129 Sch. 8 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W+N.I. The order must not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

Commencement Information

I130 Sch. 8 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— E+W+N.I.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an activity requirement (including an extended activity requirement);

(b) an unpaid work requirement;

(c) a programme requirement;

(d) an attendance centre requirement;

(e) a mental health treatment requirement;

(f) a drug treatment requirement;

(g) a drug testing requirement;

(h) an education requirement;

(i) an electronic monitoring requirement.

Commencement Information

I131 Sch. 8 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W+N.I. The number of hours, days or months in respect of which any requirement of the order is imposed must not be greater than the number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

Commencement Information

I132 Sch. 8 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provisions where offender resides or will reside in Northern Ireland E+W+N.I.

7 E+W+N.I. In a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule, Chapter 1 of this Part of this Code (youth rehabilitation orders) has effect as if—

(a) any reference to the responsible officer were a reference to the person who is to be responsible for the offender's supervision under the order;

(b) section 188 (offender's home local justice area to be specified in order) were omitted;

(c) the following provisions of Schedule 6 were omitted—

(i) paragraph 8(a)(i) (consultation of member of youth offending team);

(ii) paragraphs 8(b), 11(1)(b) and 15(a) (availability of arrangements in local area: activity requirement, unpaid work requirement and attendance centre requirement);

(iii) paragraph 23(4) (residence requirement: restriction on requiring residence at hostel or other institution);

(iv) paragraphs 32(1)(b) and (3) and 35(2)(a) and (3) (availability of requirements to be notified by Secretary of State: drug treatment and testing and electronic monitoring);

(v) paragraph 42(2) (persons responsible for electronic monitoring);

(vi) paragraph 44(2) and (3) (availability of requirements for electronic monitoring);

(d) in Part 5 of that Schedule (attendance centre requirement), any reference to an attendance centre were to an attendance centre as defined by Article 50(1) of the Criminal Justice (Children) (Northern Ireland) Order 1998 (S.I. 1998/1504 (N. I. 9));

(e) in paragraph 28 of that Schedule (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972 (S.I. 1972/1265 (N.I. 14)), approved by the Department of Health in Northern Ireland for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(f) in Part 16 of that Schedule (education requirement) references to a relevant authority were to the Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.)).

Commencement Information

I133 Sch. 8 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W+N.I. Making or amendment of order in accordance with Part 1 of this Schedule

Application E+W+N.I.

8 E+W+N.I. This Part of this Schedule applies in a case where a court makes or amends a youth rehabilitation order in accordance with Part 1 of this Schedule.

Commencement Information

I134 Sch. 8 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explanation to be given by court before order is made or amended E+W+N.I.

9 E+W+N.I. Before making or amending the youth rehabilitation order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 15(1) (order to be treated as corresponding order),

(b) the requirements of the legislation in Northern Ireland relating to corresponding orders,

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the youth rehabilitation order under Part 4 of this Schedule.

Commencement Information

I135 Sch. 8 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order E+W+N.I.

10 (1) The youth rehabilitation order must specify as the corresponding order for the purposes of this Schedule an order that may be made by a court in Northern Ireland. E+W+N.I.

(2) If the youth rehabilitation order is made by the Crown Court and includes a direction under section 189, the order must specify the youth court or other magistrates' court in England and Wales which is to be the relevant court in England and Wales for the purposes of this Schedule.

Commencement Information

I136 Sch. 8 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies E+W+N.I.

11 (1) The court which makes or amends the youth rehabilitation order must forthwith— E+W+N.I.

(a) provide each of the persons mentioned in sub-paragraph (2) with a copy of the order as made or amended, and

(b) provide the home court with—

(i) a copy of the order as made or amended, and

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Those persons are—

(a) the offender,

(b) if the offender is aged under 14—

(i) the offender's parent or guardian, or

(ii) if an authority in Northern Ireland has parental responsibility for, and is looking after, the offender, the authority, and

(c) the body which is to make suitable arrangements for the offender's supervision under the order.

(3) In sub-paragraph (2)(b)(ii)—

(a) “authority” has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

(b) the reference to an offender who is looked after by an authority is to be construed in accordance with Article 25 of that Order, and

(c) “parental responsibility” has the same meaning as in that Order.

(4) If the court—

(a) makes a youth rehabilitation order which imposes a requirement specified in column 1 of the following table, or

(b) amends a youth rehabilitation order so as to impose or amend such a requirement,

the court must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the youth rehabilitation order or amending order as relates to the requirement—

Requirement	Person to whom copy of requirement is to be given
An activity requirement which comprises or includes a specified place obligation.	The person in charge of each place specified under paragraph 3(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified activities obligation.	The person in charge of each activity specified under paragraph 4(1)(b) of Schedule 6
An activity requirement which comprises or includes a specified residential exercise obligation.	The person in charge of each place or activity specified under paragraph 5(1)(b) of Schedule 6
An attendance centre requirement.	The officer in charge of the attendance centre specified under paragraph 14(2)(a) of Schedule 6
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender.	The person intended to be protected
A residence requirement requiring residence with an individual.	The individual specified under paragraph 22(2)(b) of Schedule 6
A place of residence requirement (within the meaning of paragraph 22 of Schedule 6) relating to residence in an institution.	The person in charge of the institution
A mental health treatment requirement.	The person in charge of the institution or place specified under sub-paragraph (3)(b)(i) or (ii) of paragraph 28 of Schedule 6, or the person specified under sub-paragraph (3)(b)(iii) of that paragraph
A drug treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
A drug testing requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An intoxicating substance treatment requirement.	The treatment director specified under paragraph 31(3)(b)(i) of Schedule 6
An education requirement.	The Education Authority established under section 1 of the Education Act (Northern Ireland) 2014 (c. 12 (N.I.))
An electronic monitoring requirement.	Any person who by virtue of paragraph 42(1) of Schedule 6 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not have been included in the order.

(5) This paragraph has effect in place of section 190.

Commencement Information

I137 Sch. 8 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W+N.I. Effect of order made or amended in accordance with Part 1 of this Schedule

Application E+W+N.I.

12 E+W+N.I. This Part of this Schedule applies where a youth rehabilitation order is made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I138 Sch. 8 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty of offender to keep in touch with relevant officer E+W+N.I.

13 (1) The offender— E+W+N.I.

(a) must keep in touch with the relevant officer in accordance with any instructions the relevant officer may give the offender from time to time, and

(b) must notify the relevant officer of any change of address.

(2) This obligation has effect as if it were a youth rehabilitation requirement of the youth rehabilitation order.

(3) This paragraph has effect in place of section 193.

Commencement Information

I139 Sch. 8 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Direction by Crown Court in Northern Ireland that proceedings in Northern Ireland be before a court of summary jurisdiction E+W+N.I.

14 E+W+N.I. Where the youth rehabilitation order was made or amended by the Crown Court, the Crown Court in Northern Ireland may direct that any proceedings in Northern Ireland in relation to the order be before a court of summary jurisdiction.

Commencement Information

I140 Sch. 8 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Effect of the youth rehabilitation order in Northern Ireland E+W+N.I.

15 (1) The youth rehabilitation order is to be treated in Northern Ireland as if it were a corresponding order and the legislation which has effect in Northern Ireland in relation to such orders applies accordingly. E+W+N.I.

(2) Sub-paragraph (1) is subject to the following provisions of this Part of this Schedule.

Commencement Information

I141 Sch. 8 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of the home court in respect of the youth rehabilitation order E+W+N.I.

16 (1) The home court may exercise any relevant local power in relation to the youth rehabilitation order, subject to the following restrictions. E+W+N.I.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the youth rehabilitation order was made.

(6) If the youth rehabilitation order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 18 of Schedule 6) that could not be specified by a court in England and Wales if, applying the relevant assumptions, it were imposing the requirement.

(7) For that purpose, “the relevant assumptions” are that the offender—

(a) has just been convicted by or before the court in England and Wales of the offence in respect of which the youth rehabilitation order was made, but

(b) is the same age as when in fact convicted of the offence.

Commencement Information

I142 Sch. 8 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) The home court may require the offender to appear before the relevant court in England and Wales if sub-paragraph (2) or (3) applies. E+W+N.I.

(2) This sub-paragraph applies where it appears to the home court upon a complaint being made to a lay magistrate in Northern Ireland that the offender has breached one or more requirements of the order.

(3) This sub-paragraph applies where it appears to the home court, on the application of the offender or the relevant officer, that it would be in the interests of justice for any of the following powers to be exercised—

(a) a power conferred by Part 3 of Schedule 7 (revocation of order with or without re-sentencing);

(b) a power conferred by paragraph 15 of that Schedule (amendment by appropriate court).

Commencement Information

I143 Sch. 8 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of requirement: certificate of home court E+W+N.I.

18 (1) Where the home court requires the offender to appear before the relevant court in England and Wales by virtue of paragraph 17(2) (breach of a requirement of the order) the home court must send the court in England and Wales— E+W+N.I.

(a) a certificate certifying that the offender has breached a requirement of the order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court (or, if the home court is the Crown Court in Northern Ireland, by the chief clerk) is admissible as evidence of the breach before the relevant court in England or Wales.

Commencement Information

I144 Sch. 8 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court in England or Wales where offender required to appear under paragraph 17 E+W+N.I.

19 (1) This paragraph applies where under paragraph 17 the home court requires the offender to appear before the relevant court in England and Wales. E+W+N.I.

(2) The relevant court may issue a warrant for the offender's arrest.

(3) The relevant court may exercise any power which it could exercise in respect of the youth rehabilitation order if the offender resided in England or Wales.

This is subject to paragraph 20.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to the relevant officer.

Commencement Information

I145 Sch. 8 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 (1) This paragraph applies where— E+W+N.I.

(a) the relevant court in England and Wales is exercising a power to amend a youth rehabilitation order by virtue of paragraph 19(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the youth rehabilitation order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by—

(a) the Probation Board for Northern Ireland, or

(b) any other designated body.

(3) The court may not impose either of the following requirements—

(a) a local authority residence requirement;

(b) a fostering requirement.

(4) The court may not amend the youth rehabilitation order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The court may not—

(a) impose a requirement, or

(b) amend a requirement imposed by the youth rehabilitation order,

so that it is imposed in respect of more hours, days or months than the maximum number of hours, days or months in respect of which a court in Northern Ireland could impose a similar requirement in a corresponding order.

(6) The following apply in relation to the amendment of the youth rehabilitation order by virtue of paragraph 19(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 7,

(b) paragraphs 8 to 17.

Commencement Information

I146 Sch. 8 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W+N.I. Interpretation

21 (1) For the purposes of this Schedule, in relation to a youth rehabilitation order— E+W+N.I.

• “breach”, in relation to a requirement of the order, means a failure to comply with it, and related expressions are to be read accordingly;

• “corresponding order” means the order specified under paragraph 10(1);

• “home court” means—

  (a)

  a court of summary jurisdiction in Northern Ireland, or

  (b)

  where the youth rehabilitation order was made or amended by the Crown Court and the Crown Court in Northern Ireland has not made a direction under paragraph 14, the Crown Court in Northern Ireland;

• “supervision” means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

• “the relevant court in England and Wales” means—

  (a)

  the court in England and Wales which made or which last amended the order, or

  (b)

  if the order was made by the Crown Court and includes a direction under section 189, such youth court or other magistrates' court as may be specified in the order;

• “the relevant officer” means the person responsible for the offender's supervision under the order.

(2) In this Schedule “designated body” means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations.

(3) Regulations under sub-paragraph (2) are subject to the negative resolution procedure.

Commencement Information

I147 Sch. 8 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 200 and 286

SCHEDULE 9 E+W Community orders and suspended sentence orders: requirements

Modifications etc. (not altering text)

C7 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C8 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C9 Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C10 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Unpaid work requirement

Requirement and obligation of offender E+W

1 (1) In this Code “unpaid work requirement”, in relation to a relevant order, means a requirement that the offender must perform unpaid work in accordance with the instructions of the responsible officer as to— E+W

(a) the work to be performed, and

(b) the times, during a period of 12 months, at which the offender is to perform it.

(2) Sub-paragraph (1)(b) is subject to—

(a) paragraph 21 of Schedule 10 (community order: power to extend unpaid work requirement);

(b) paragraph 27 of Schedule 16 (suspended sentence order: extension of unpaid work requirement).

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C12 Sch. 9 para. 1(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I148 Sch. 9 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Number of hours of unpaid work to be specified in order E+W

2 (1) The number of hours which a person may be required to work under an unpaid work requirement— E+W

(a) must be specified in the relevant order, and

(b) must, in aggregate, be—

(i) not less than 40, and

(ii) not more than 300.

(2) Sub-paragraph (1)(b)(i) is subject to paragraph 13(4) of Schedule 10 (breach of community order: power to impose unpaid work requirement).

(3) Sub-paragraph (4) applies where the court—

(a) makes relevant orders in respect of two or more offences of which the offender is convicted on the same occasion, and

(b) includes unpaid work requirements in each of them.

(4) The court may direct that the hours of work specified in any of those requirements is to be—

(a) concurrent with, or

(b) additional to,

those specified in any other of those orders.

But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C13 Sch. 9 para. 2(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I149 Sch. 9 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing unpaid work requirement E+W

3 (1) A court may not include an unpaid work requirement in a relevant order unless it is satisfied— E+W

(a) that the offender is a suitable person to perform work under such a requirement, and

(b) that provision for the offender to work under such a requirement can be made under the arrangements for persons to perform work under such a requirement which exist in the offender's home local justice area.

(2) In making a decision under sub-paragraph (1)(a), the court must (if it thinks necessary) hear an officer of a provider of probation services.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C14 Sch. 9 para. 3 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I150 Sch. 9 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Rehabilitation activity requirement

Requirement E+W

4 (1) In this Code “rehabilitation activity requirement”, in relation to a relevant order, means a requirement that, during the relevant period, the offender must comply with any instructions given by the responsible officer to do either or both of the following— E+W

(a) attend appointments;

(b) participate in activities.

(2) The maximum number of days on which the offender may be instructed to participate in activities must be specified in the relevant order.

(3) In this paragraph “the relevant period” means—

(a) in relation to a community order, the period for which the community order remains in force, and

(b) in relation to a suspended sentence order, the supervision period.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I151 Sch. 9 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Instructions given by responsible officer E+W

5 (1) Any instructions given by the responsible officer pursuant to the rehabilitation activity requirement must be given with a view to promoting the offender's rehabilitation. E+W

(2) Sub-paragraph (1) does not prevent the responsible officer giving instructions with a view to other purposes in addition to rehabilitation.

(3) The responsible officer may instruct the offender to attend appointments with the responsible officer or with someone else.

(4) The responsible officer, when instructing the offender to participate in activities, may require the offender—

(a) to participate in specified activities and, while doing so, comply with instructions given by the person in charge of the activities, or

(b) to go to a specified place and, while there, comply with any instructions given by the person in charge of the place.

(5) The references in sub-paragraph (4)(a) and (b) to instructions given by a person include instructions given by anyone acting under the person's authority.

(6) The activities that a responsible officer may instruct the offender to participate in include—

(a) activities forming an accredited programme (see paragraph 6(2));

(b) activities whose purpose is reparative, such as restorative justice activities.

(7) For the purposes of sub-paragraph (6)(b), an activity is a restorative justice activity if—

(a) the participants consist of, or include, the offender and any victim or victims,

(b) the aim of the activity is to maximise the offender's awareness of the impact of the offending concerned on the victims, and

(c) the activity gives a victim or victims an opportunity to talk about, or by other means express experience of, the offending and its impact.

(8) In sub-paragraph (7) “victim” means a victim of, or other person affected by, the offending concerned.

(9) Where compliance with an instruction would require the co-operation of a person other than the offender, the responsible officer may give the instruction only if that person agrees.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I152 Sch. 9 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Programme requirement

6 (1) In this Code “programme requirement”, in relation to a relevant order, means a requirement that the offender must— E+W

(a) in accordance with instructions given by the responsible officer participate in an accredited programme at a particular place, and

(b) while at that place, comply with instructions given by, or under the authority of, the person in charge of the programme.

(2) In this Code “accredited programme” means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph.

(3) Any programme that immediately before 1 May 2008 was accredited for the purposes of section 202 of the Criminal Justice Act 2003 is treated as accredited by the Secretary of State for the purposes of this paragraph.

(4) In this paragraph “programme” means a systematic set of activities.

(5) Where a relevant order includes a programme requirement—

(a) the order must specify the number of days on which the offender is to be required to participate in an accredited programme under the requirement;

(b) it is for the responsible officer to specify—

(i) the accredited programme in which the offender is to participate, and

(ii) the place at which the offender is to do so.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I153 Sch. 9 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Prohibited activity requirement

Requirement E+W

7 (1) In this Code “prohibited activity requirement”, in relation to a relevant order, means a requirement that the offender must refrain from participating in activities— E+W

(a) on one or more particular days, or

(b) for a particular period.

(2) Where the court makes a relevant order imposing a prohibited activity requirement, the following must be specified in the order—

(a) the activities from which the offender must refrain;

(b) the day or days on which, or the period for which, the offender must refrain from those activities.

(3) A prohibited activity requirement may, in particular, include a requirement that the offender does not possess, use or carry a firearm within the meaning of the Firearms Act 1968.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I154 Sch. 9 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing prohibited activity requirement E+W

8 E+W A court may not include a prohibited activity requirement in a relevant order unless it has consulted an officer of a provider of probation services.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I155 Sch. 9 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Curfew requirement

Requirement E+W

9 (1) In this Code “curfew requirement”, in relation to a relevant order, means a requirement that the offender must remain, for particular periods (“curfew periods”), at a particular place. E+W

(2) A relevant order which imposes a curfew requirement must specify—

(a) the curfew periods, and

(b) the place at which the offender must remain for each curfew period.

(3) Different places or different curfew periods may be specified for different days.

(4) The curfew periods specified must amount to—

(a) not less than 2 hours in any day, and

(b) not more than 16 hours in any day.

(5) The specified curfew periods must fall within the period of 12 months beginning with the day on which the requirement first takes effect.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C15 Sch. 9 para. 9(1)-(4) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I156 Sch. 9 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements where court imposes curfew requirement E+W

10 (1) Before making a relevant order imposing a curfew requirement, the court must obtain and consider information about each place proposed to be specified in the order. E+W

(2) That information must include information as to the attitude of persons likely to be affected by the offender's enforced presence there.

(3) Where the court makes a relevant order imposing a curfew requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a) it is prevented from doing so by—

(i) paragraph 33 (consent of person whose co-operation is required), or

(ii) paragraph 34(1) (arrangements in relevant area), or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C16 Sch. 9 para. 10(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I157 Sch. 9 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Exclusion requirement

Requirement E+W

11 (1) In this Code “exclusion requirement”, in relation to a relevant order, means a provision prohibiting the offender from entering a particular place (the “prohibited place”) for a particular period (the “exclusion period”). E+W

(2) A relevant order which imposes an exclusion requirement must specify—

(a) the prohibited place, and

(b) the exclusion period.

(3) A relevant order may specify—

(a) more than one prohibited place;

(b) more than one exclusion period;

(c) different prohibited places for different exclusion periods or different days.

(4) If the relevant order is a community order—

(a) the exclusion period must not be more than 2 years beginning with the day on which the requirement first takes effect;

(b) if the order specifies more than one exclusion period, each of the exclusion periods must fall within that 2 year period.

(5) A prohibited place may be an area.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I158 Sch. 9 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement where court imposes exclusion requirement E+W

12 E+W Where the court makes a relevant order imposing an exclusion requirement it must also impose an electronic compliance monitoring requirement (see paragraph 29) for securing compliance with it, unless—

(a) it is prevented from doing so by—

(i) paragraph 33 (consent of person whose co-operation is required), or

(ii) paragraph 34(1) (arrangements in relevant area), or

(b) in the particular circumstances of the case, it considers it inappropriate to do so.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I159 Sch. 9 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Residence requirement

Requirement E+W

13 (1) In this Code “residence requirement”, in relation to a relevant order, means a requirement that, for a particular period (“the required period”), the offender must reside— E+W

(a) at a particular place (“the required place”), or

(b) if the order so permits, at the required place or, with the prior approval of the responsible officer, at some other place.

(2) A relevant order imposing a residence requirement must specify—

(a) the required place,

(b) the required period, and

(c) if the offender is to be permitted to reside at some other place with the prior approval of the responsible officer, that fact.

(3) A hostel or other institution may not be specified as the required place, except on the recommendation of an officer of a provider of probation services.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C17 Sch. 9 para. 13 modified by 2006 c. 52, Sch. 6 para. 3(1) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I160 Sch. 9 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirement where court imposes residence requirement E+W

14 E+W Before making a relevant order containing a residence requirement, the court must consider the home surroundings of the offender.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C18 Sch. 9 para. 14 excluded by 2006 c. 52, Sch. 6 para. 3(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(5)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I161 Sch. 9 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Foreign travel prohibition requirement

15 (1) In this Code “foreign travel prohibition requirement”, in relation to a relevant order, means a requirement prohibiting the offender from travelling, on a particular day or days, or for a particular period, to a particular country or territory (or particular countries or territories) outside the British Islands. E+W

(2) A relevant order which imposes a foreign travel prohibition requirement must specify—

(a) the day or days, or the period, for which the prohibition is to operate, and

(b) the area in relation to which the prohibition is to operate.

(3) A day specified under sub-paragraph (2)(a) must fall within the period of 12 months beginning with the day on which the requirement takes effect.

(4) A period specified under that sub-paragraph may not exceed 12 months beginning with the day on which the requirement takes effect.

(5) The area specified under sub-paragraph (2)(b) may be—

(a) a particular country or territory outside the British Islands specified or described in the order,

(b) all countries and territories outside the British Islands other than a country or territory specified or described in the order, or

(c) all countries and territories outside the British Islands.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I162 Sch. 9 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 E+W Mental health treatment requirement

Requirement E+W

16 (1) In this Code “mental health treatment requirement”, in relation to a relevant order, means a requirement that the offender must submit, during a particular period or particular periods, to mental health treatment, which may be— E+W

(a) in-patient treatment,

(b) institution-based out-patient treatment, or

(c) practitioner-based treatment.

(2) For this purpose—

• “mental health treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a registered medical practitioner or registered psychologist, and

  (b)

  with a view to improvement of the offender's mental condition;

• “in-patient treatment” means treatment as a resident patient in—

  (a)

  a care home,

  (b)

  an independent hospital, or

  (c)

  a hospital within the meaning of the Mental Health Act 1983,

  but not in hospital premises where high security psychiatric services are provided;

• “institution-based out-patient treatment” means treatment as a non-resident patient at a particular institution or place;

• “practitioner-based treatment” means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

(3) A relevant order which imposes a mental health treatment requirement must specify—

(a) the period or periods during which the offender is required to submit to mental health treatment, and

(b) for each of those periods—

(i) if the mental health treatment is to be in-patient treatment, the care home or hospital at which it is to be provided;

(ii) if it is to be institution-based out-patient treatment, the institution or place at which it is to be provided;

(iii) if it is to be practitioner-based treatment, the registered medical practitioner or registered psychologist (or both) by whom or under whose direction it is to be provided;

but may not otherwise specify the nature of the treatment.

(4) Different treatment may be specified for different periods.

(5) In this paragraph—

• “care home” means—

  (a)

  a care home in England within the meaning of the Care Standards Act 2000;

  (b)

  a place in Wales at which a care home service within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) is provided;

• “high security psychiatric services” has the same meaning as in the Mental Health Act 1983;

• “independent hospital”—

  (a)

  in relation to England, means a hospital as defined by section 275 of the National Health Service Act 2006 that is not a health service hospital as defined by that section;

  (b)

  in relation to Wales, has the same meaning as in the Care Standards Act 2000;

• “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

(6) While an offender is under treatment which is in-patient treatment in pursuance of a mental health treatment requirement of a relevant order, the responsible officer is to carry out the supervision of the offender only to the extent necessary for the purpose of revocation or amendment of the order.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I163 Sch. 9 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing mental health treatment requirement E+W

17 (1) A court may not include a mental health treatment requirement in a relevant order unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied that the mental condition of the offender—

(a) requires treatment,

(b) may be susceptible to treatment, and

(c) does not warrant the making of a hospital order or guardianship order within the meaning of the Mental Health Act 1983.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to in-patient treatment (see paragraph 16(2)).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C19 Sch. 9 para. 17(1)(c) excluded by 2006 c. 52, Sch. 6 para. 4(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(a) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C20 Sch. 9 para. 17(2)(c) excluded by 2006 s. 52, ss. 200, 202 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 20(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I164 Sch. 9 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Alternative arrangements for mental health treatment made by practitioner E+W

18 (1) This paragraph applies where— E+W

(a) an offender is being treated in pursuance of a mental health treatment requirement, and

(b) the treatment practitioner considers that part of the treatment can be better or more conveniently given in or at an institution or place—

(i) which is not specified in the relevant order, and

(ii) where the treatment will be given by or under the direction of a registered medical practitioner or registered psychologist.

(2) The treatment practitioner may make arrangements (“alternative arrangements”) for the offender to be treated accordingly.

(3) Alternative arrangements may be made only if the offender has expressed willingness for the treatment to be given under those arrangements.

(4) Alternative arrangements may provide for the offender to receive part of the treatment as a resident patient in an institution or place which could not have been specified for that purpose in the relevant order.

(5) Where alternative arrangements are made—

(a) the treatment for which the alternative arrangements provide is to be deemed to be treatment to which the offender must submit in pursuance of the mental health treatment requirement, and

(b) the treatment practitioner must give a notice in writing to the offender's responsible officer, specifying the institution or place where that treatment is to be carried out.

(6) In this paragraph—

• “registered psychologist” means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists;

• “treatment practitioner” means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C21 Sch. 9 para. 18 modified by 2006 c. 52, Sch. 6 para. 4(2) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(6)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I165 Sch. 9 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 E+W Drug rehabilitation requirement

Requirement E+W

19 (1) In this Code “drug rehabilitation requirement”, in relation to a relevant order, means a requirement that during a period specified in the order (“the treatment and testing period”) the offender— E+W

(a) must submit to drug rehabilitation treatment, which may be resident treatment or non-resident treatment, and

(b) for the purpose of ascertaining whether there is any drug in the offender's body during that period, must provide samples in accordance with directions given by—

(i) the responsible officer, or

(ii) the treatment director.

(2) In this paragraph—

• “drug rehabilitation treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person who has the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender's dependency on or propensity to misuse drugs;

• “resident treatment” means treatment as a resident in an institution or place;

• “non-resident treatment” means treatment as a non-resident at an institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) Sub-paragraphs (4) to (7) apply to a relevant order which imposes a drug rehabilitation requirement.

(4) The order may specify separate periods which together comprise the drug treatment and testing period.

(5) The order must specify, for each treatment period—

(a) the treatment director;

(b) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(c) if it is to be non-resident treatment—

(i) the institution or place where it is to be provided, and

(ii) the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6) In sub-paragraph (5), “treatment period” means—

(a) if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b) otherwise, the drug treatment and testing period.

(7) The order—

(a) must provide that if, by virtue of sub-paragraph (1)(b), the offender provides samples to a person other than the responsible officer, the results of tests carried out on the samples are to be communicated to the responsible officer;

(b) may make further provision about the provision of samples by virtue of sub-paragraph (1)(b) (which may include provision that directions, or directions of particular kinds, are to be given only by the responsible officer or only by the treatment director).

(8) The power for the responsible officer or treatment director to give directions by virtue of sub-paragraph (1)(b) about the provision of samples—

(a) is a power to give directions as to—

(i) the type of samples to be provided, and

(ii) the times at which, or circumstances in which, they are to be provided,

(b) is subject to any provision made by the order, and

(c) is to be exercised in accordance with guidance issued by the Secretary of State.

(9) The Secretary of State may revise any guidance issued under sub-paragraph (8)(c).

(10) In this paragraph and paragraph 20 “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C22 Sch. 9 para. 19(1) modified by 2006 c. 52, Sch. 6 para. 5(1) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(a)(b) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I166 Sch. 9 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing drug rehabilitation requirement E+W

20 (1) A court may not impose a drug rehabilitation requirement unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition,

(c) the suitability condition, and

(d) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on drugs, or

(ii) has a propensity to misuse drugs, and

(b) that the offender's dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)).

(4) The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.

(5) The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

C11 Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C23 Sch. 9 para. 20(1)(d) excluded by 2006 c. 52, Sch. 6 para. 5(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I167 Sch. 9 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Drug rehabilitation requirement: provision for review by court E+W

21 (1) A relevant order imposing a drug rehabilitation requirement— E+W

(a) must include provision for review if the treatment and testing period is more than 12 months, and

(b) may do so in any other case.

(2) For this purpose, “provision for review” means provision—

(a) for the requirement to be reviewed periodically at intervals of not less than one month,

(b) for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”),

(c) requiring the offender to attend each review hearing,

(d) requiring a written report on the offender's progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and

(e) requiring each such report to include—

(i) the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and

(ii) the views of the treatment provider as to the treatment and testing of the offender.

(3) Paragraphs (b) and (c) of sub-paragraph (2) are subject to paragraph 22(6) (hearing not necessary for review).

(4) In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means—

(a) if a court is specified as the responsible court under sub-paragraph (5), that court;

(b) otherwise, the court which made the order.

(5) Where—

(a) a magistrates' court makes a relevant order imposing a drug rehabilitation requirement, and

(b) the area for which the court acts is not the offender's home local justice area,

the court may specify in the order a magistrates' court which acts in the offender's home local justice area as the responsible court.

(6) For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal—

(a) from the Crown Court, or

(b) from the Court of Appeal,

is to be treated as having been made by the Crown Court.

Modifications etc. (not altering text)

C24 Sch. 9 para. 21 modified by 2006 c. 52, s. 179 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I168 Sch. 9 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Periodic review of drug rehabilitation requirement E+W

22 (1) This paragraph applies in relation to a relevant order which imposes a drug rehabilitation requirement that is subject to review. E+W

(2) At a review hearing the court may, after considering the officer's report referred to in paragraph 21(2)(d) (“the review officer's report”), amend the relevant order, so far as it relates to the drug rehabilitation requirement.

(3) The court—

(a) may not amend the drug rehabilitation requirement unless the offender expresses willingness to comply with the requirement as amended, and

(b) except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.

(4) If the offender fails to express willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—

(a) revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and

(b) re-sentence the offender.

(5) In dealing with the offender under sub-paragraph (4)(b), the court—

(a) must take into account the extent to which the offender has complied with the requirements of the order, and

(b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

(6) Where at a review hearing the court—

(a) has considered the review officer's report, and

(b) is of the opinion that the offender's progress under the requirement is satisfactory,

the court may amend the order so that it provides for each subsequent review to be made by the court without a hearing.

(7) Where at a review without a hearing the court—

(a) has considered the review officer's report, and

(b) is of the opinion that the offender's progress under the requirement is no longer satisfactory,

the court may require the offender to attend a hearing of the court at a specified time and place.

(8) At that hearing the court, after considering that report, may—

(a) exercise the powers conferred by this paragraph as if the hearing were a review hearing, and

(b) amend the order so that it provides for each subsequent review to be made at a review hearing.

(9) In this paragraph—

• “responsible court” has the same meaning as in paragraph 21;

• “review hearing” has the meaning given by paragraph 21(2)(b).

(10) In relation to a review without a hearing, a reference in this paragraph to the court is to be read—

(a) in the case of the Crown Court, as a reference to a judge of the court;

(b) in the case of a magistrates' court, as a reference to a justice of the peace.

(11) If an officer of a provider of probation services is of the opinion that the order should be amended so as to provide for each subsequent review to be made—

(a) without a hearing instead of at a review hearing, or

(b) at a review hearing instead of without a hearing,

the officer must apply under paragraph 18 of Schedule 10 (amendment of requirements of community order) or paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) to the responsible court for the order to be amended.

Modifications etc. (not altering text)

C25 Sch. 9 para. 22 modified by 2006 c. 52, s. 179 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 4 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I169 Sch. 9 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 11 E+W Alcohol treatment requirement

Requirement E+W

23 (1) In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be— E+W

(a) resident treatment,

(b) institution-based treatment, or

(c) practitioner-based treatment.

(2) In this paragraph—

• “alcohol dependency treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and

  (b)

  with a view to reducing or eliminating the offender's dependency on alcohol;

• “resident treatment” means treatment as a resident in an institution or place;

• “institution-based treatment” means treatment as a non-resident at an institution or place;

• “practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3) Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4) The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5) For each treatment period, the order must specify—

(a) the treatment director;

(b) whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

(c) if it is to be resident treatment, the institution or place where it is to be provided;

(d) if it is to be institution-based treatment—

(i) the institution or place where it is to be provided, and

(ii) the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6) In sub-paragraph (5), “treatment period” means—

(a) if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b) otherwise, the period specified under sub-paragraph (1).

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I170 Sch. 9 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing alcohol treatment requirement E+W

24 (1) A court may not impose an alcohol treatment requirement unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender is dependent on alcohol, and

(b) that the offender's dependency—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident.

(4) The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I171 Sch. 9 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 12 E+W Alcohol abstinence and monitoring requirement

Requirement E+W

25 (1) In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender— E+W

(a) must—

(i) abstain from consuming alcohol, or

(ii) not consume alcohol so that at any time during the abstinence and monitoring period there is more than a particular level of alcohol in the offender's body, and

(b) must submit to monitoring in accordance with particular arrangements for the purpose of ascertaining whether the offender is complying with provision under paragraph (a).

Paragraph (a) is subject to sub-paragraph (3).

(2) A relevant order that includes an alcohol abstinence and monitoring requirement must specify—

(a) the abstinence and monitoring period;

(b) if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol;

(c) the arrangements for monitoring.

(3) A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions.

(4) The abstinence and monitoring period must be—

(a) if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and

(b) not more than 120 days.

(5) The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b).

(6) The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c).

(7) The Secretary of State may by regulations prescribe—

(a) a minimum period as the abstinence and monitoring period;

(b) a level of alcohol for the purposes of sub-paragraph (1)(a)(ii);

(c) arrangements for monitoring for the purposes of sub-paragraph (1)(b).

(8) Regulations under sub-paragraph (7)(b) may prescribe a level—

(a) by reference to the proportion of alcohol in any one or more of an offender's breath, blood, urine or sweat, or

(b) by some other means.

(9) Regulations under sub-paragraph (7)(c) may in particular prescribe—

(a) arrangement for monitoring by electronic means;

(b) arrangements for monitoring by other means of testing.

(10) Regulations under sub-paragraph (7) are subject to the negative resolution procedure.

(11) In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I172 Sch. 9 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing alcohol abstinence and monitoring requirement E+W

26 (1) A relevant order may not include both— E+W

(a) an alcohol treatment requirement, and

(b) an alcohol abstinence and monitoring requirement.

(2) A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met—

(a) the relevance of alcohol condition,

(b) the non-dependency condition, and

(c) the availability of arrangements condition.

(3) The relevance of alcohol condition is that—

(a) the offender's consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or

(b) the court is satisfied that the offender's consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence.

(4) The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol.

(5) The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender's home local justice area (and the notice has not been withdrawn).

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I173 Sch. 9 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 13 E+W Attendance centre requirement

Requirement E+W

27 (1) In this Code “attendance centre requirement”, in relation to a relevant order, means a requirement that the offender must attend at an attendance centre for a particular number of hours. E+W

(2) A relevant order which imposes an attendance centre requirement must specify the aggregate number of hours for which the offender may be required to attend at an attendance centre

(3) That number must be—

(a) not less than 12, and

(b) not more than 36.

(4) The attendance centre at which the offender is required to attend is to be notified to the offender by the responsible officer from time to time.

(5) When choosing an attendance centre the responsible officer must consider—

(a) the accessibility of the attendance centre to the offender, having regard to the means of access available to the offender and any other circumstances, and

(b) the description of persons for whom it is available.

(6) The first time at which the offender is required to attend at the attendance centre is a time notified to the offender by the responsible officer.

(7) The subsequent hours are to be fixed by the officer in charge of the centre, having regard to the offender's circumstances.

(8) The offender may not be required under this paragraph to attend at an attendance centre—

(a) more than once on any day, or

(b) for more than 3 hours at a time.

(9) A requirement under this paragraph to attend at an attendance centre for any period on any occasion operates as a requirement, for that period, to engage in occupation, or receive instruction, whether at the centre or elsewhere—

(a) under the supervision of the officer in charge of the centre, and

(b) in accordance with instructions given by, or under the authority of, that officer.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I174 Sch. 9 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing attendance centre requirement E+W

28 E+W A court may not impose an attendance centre requirement in a relevant order unless the court—

(a) has been notified by the Secretary of State that an attendance centre is available for persons of the offender's description (and the notice has not been withdrawn), and

(b) is satisfied that an attendance centre which is available for persons of the offender's description is reasonably accessible to the offender, having regard to the means of access available to the offender and any other circumstances.

Commencement Information

I175 Sch. 9 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 14 E+W Electronic monitoring

Electronic compliance monitoring requirement E+W

29 (1) In this Code “electronic compliance monitoring requirement”, in relation to a relevant order, means a requirement for securing the electronic monitoring of the offender's compliance with other requirements imposed by the order during a period (“the monitoring period”)— E+W

(a) specified in the order, or

(b) determined by the responsible officer in accordance with the relevant order.

(2) Sub-paragraph (3) applies where the responsible officer is to determine the monitoring period in accordance with the relevant order.

(3) Before it begins, the responsible officer must notify the following people of when the monitoring period is to begin—

(a) the offender,

(b) the person responsible for the monitoring, and

(c) any person falling within paragraph 33(b).

(4) An electronic compliance monitoring requirement may not be imposed for securing the electronic monitoring of the offender's compliance with an alcohol abstinence and monitoring requirement.

(5) But that does not prevent an order which imposes an alcohol abstinence and monitoring requirement from including an electronic compliance monitoring requirement for securing the electronic monitoring of the offender's compliance with any other requirement.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C27 Sch. 9 para. 29(1) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I176 Sch. 9 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic whereabouts monitoring requirement E+W

30 E+W In this Code “electronic whereabouts monitoring requirement”, in relation to a relevant order, means a requirement to submit to electronic monitoring of the offender's whereabouts (otherwise than for the purpose of monitoring the offender's compliance with any other requirement included in the order) during a period specified in the order.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I177 Sch. 9 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic monitoring: person responsible for monitoring E+W

31 (1) A relevant order which includes an electronic monitoring requirement must include provision for making a person responsible for the monitoring. E+W

(2) The person who is made responsible for the monitoring must be of a description specified in regulations made by the Secretary of State.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C28 Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I178 Sch. 9 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Electronic monitoring: general E+W

32 E+W Where a relevant order imposes an electronic monitoring requirement, the offender must (in particular)—

(a) submit, as required from time to time by the responsible officer or the person responsible for the monitoring, to—

(i) being fitted with, or installation of, any necessary apparatus, and

(ii) inspection or repair of any apparatus fitted or installed for the purposes of the monitoring,

(b) not interfere with, or with the working of, any apparatus fitted or installed for the purposes of the monitoring, and

(c) take any steps required by the responsible officer, or the person responsible for the monitoring, for the purpose of keeping in working order any apparatus fitted or installed for the purposes of the monitoring.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C28 Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I179 Sch. 9 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing electronic monitoring: general E+W

33 E+W Where—

(a) it is proposed to include in a relevant order an electronic monitoring requirement, but

(b) there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement may not be included in the order without that person's consent.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C28 Sch. 9 paras. 31-33 applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I180 Sch. 9 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing an electronic compliance monitoring requirement E+W

34 (1) A court may not include an electronic compliance monitoring requirement in a relevant order in respect of an offender unless— E+W

(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant area (see sub-paragraphs (2) to (4)) (and the notice has not been withdrawn), and

(b) the court is satisfied that the necessary provision can be made under those arrangements.

(2) In the case of a relevant order containing—

(a) a curfew requirement, or

(b) an exclusion requirement,

the relevant area is the area in which the place proposed to be specified in the order is situated.

For this purpose, “place”, in relation to an exclusion requirement, has the same meaning as in paragraph 11.

(3) In the case of a relevant order containing an attendance centre requirement, the relevant area is an area in which there is an attendance centre which is available for persons of the offender's description and which the court is satisfied is reasonably accessible to the offender.

(4) In the case of any other relevant order, the relevant area is the local justice area proposed to be specified in the order.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C29 Sch. 9 para. 34(1)(2) applied (with modifications) by 2003 c. 44, Sch. 19A paras. 1-3 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 248(2) (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I181 Sch. 9 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing electronic whereabouts monitoring requirement E+W

35 E+W A court may not include an electronic whereabouts monitoring requirement in a relevant order in respect of an offender unless—

(a) the court has been notified by the Secretary of State that electronic monitoring arrangements are available in the local justice area proposed to be specified in the order (and the notice has not been withdrawn),

(b) the court is satisfied that—

(i) the offender can be fitted with any necessary apparatus under the arrangements currently available, and

(ii) any other necessary provision can be made under those arrangements, and

(c) the court is satisfied that arrangements are generally operational throughout England and Wales (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

Modifications etc. (not altering text)

C26 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I182 Sch. 9 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 218

SCHEDULE 10 E+W Breach, revocation or amendment of community order

Modifications etc. (not altering text)

C30 Sch. 10 applied (with modifications) by 2006 c. 52, s. 182(3)(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C31 Sch. 10 applied (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C32 Sch. 10 applied by 2006 c. 52, s. 178(2) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C33 Sch. 10 modified by 2006 c. 52, s. 181 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 6 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C34 Sch. 10 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C35 Sch. 10 applied (with modifications) by 2006 c. 52, Sch. 6A (as inserted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 12 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Meaning of particular expressions relating to an order E+W

1 (1) In this Schedule, in relation to a community order— E+W

• “appropriate court” means—

  (a)

  if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

  (b)

  if the community order is a Crown Court community order, the Crown Court;

  (c)

  in any other case, a magistrates' court acting in the offender's home local justice area;

• “treatment requirement”, in relation to a community order, means—

  (a)

  a mental health treatment requirement of the order,

  (b)

  a drug rehabilitation requirement of the order, or

  (c)

  an alcohol treatment requirement of the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Commencement Information

I183 Sch. 10 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officers E+W

2 (1) In this Schedule, “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) In sub-paragraph (2) “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I184 Sch. 10 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community order subject to magistrates' court supervision and Crown Court order E+W

3 E+W In this Schedule—

• “community order subject to magistrates' court supervision” means a community order which—

  (a)

  was made by a magistrates' court, or

  (b)

  was made by the Crown Court and includes a direction under section 211 (order to be subject to magistrates' court supervision);

• “Crown Court community order” means a community order which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction under that section.

Commencement Information

I185 Sch. 10 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements subject to review E+W

4 E+W For the purposes of this Schedule—

(a) a drug rehabilitation requirement of a community order is subject to review if it is subject to review in accordance with paragraph 21 of Schedule 9;

(b) a reference to the court responsible for a community order imposing a drug rehabilitation requirement which is subject to review is to the responsible court within the meaning of that paragraph.

Commencement Information

I186 Sch. 10 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

5 E+W A community order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I187 Sch. 10 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Breach of requirement of order

Duty to give warning or refer matter to enforcement officer E+W

6 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a requirement of a community order. E+W

(2) If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any requirement of the order, the officer must refer the matter to an enforcement officer.

(3) Otherwise the officer must either—

(a) give the offender a warning under this paragraph, or

(b) refer the matter to an enforcement officer.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the period of 12 months beginning with the date on which the warning was given, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I188 Sch. 10 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of enforcement officer E+W

7 E+W Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—

(a) consider the case, and

(b) where appropriate, cause an information to be laid in respect of the offender's breach of requirement—

(i) in the case of a community order subject to magistrates' court supervision, before a justice of the peace;

(ii) in the case of a Crown Court community order, before the Crown Court.

Commencement Information

I189 Sch. 10 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by justice of the peace E+W

8 (1) This paragraph applies where— E+W

(a) a community order subject to magistrates' court supervision is in force, and

(b) it appears on information to a justice of the peace that the offender has breached a requirement of the order.

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, before that court, or

(b) in any other case, before a magistrates' court acting in—

(i) the local justice area in which the offender resides, or

(ii) if it is not known where the offender resides, the offender's home local justice area.

(4) Where—

(a) a summons is issued under this paragraph requiring the offender to appear before a magistrates' court, and

(b) the offender does not appear in answer to the summons,

the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I190 Sch. 10 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant by Crown Court E+W

9 (1) This paragraph applies where— E+W

(a) a Crown Court community order is in force, and

(b) it appears on information to the Crown Court that the offender has breached a requirement of the order.

(2) The Crown Court may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4) Where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to the summons,

the Crown Court may issue a warrant for the arrest of the offender.

Commencement Information

I191 Sch. 10 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of magistrates' court E+W

10 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before a magistrates' court under paragraph 8, and

(b) it is proved to the satisfaction of the court that the offender has breached a requirement of the community order without reasonable excuse.

(2) The court must deal with the case under sub-paragraph (5).

(3) But if the community order was made by the Crown Court, the court may instead—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought or appear before the Crown Court.

(4) If the court deals with the offender's case under sub-paragraph (3), it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has failed to comply with the requirements of the community order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the failure before the Crown Court.

(5) Where the court deals with the case under this sub-paragraph, it must deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine not exceeding £2,500;

(b) by amending the terms of the community order so as to impose more onerous requirements which the court could include if it had just convicted the offender of the offence in respect of which the order was made and were then making the order;

(c) if the community order was made by a magistrates' court, by re-sentencing the offender for the offence in respect of which the order was made.

(6) Where the court deals with the case under sub-paragraph (5), the criminal courts charge duty (see section 46) applies to the court.

(7) In dealing with the offender under sub-paragraph (5), the court must take into account the extent to which the offender has complied with the requirements of the community order.

(8) A fine imposed under sub-paragraph (5)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(9) Where—

(a) the offender has wilfully and persistently breached the requirements of the community order, and

(b) the court is dealing with the offender under sub-paragraph (5)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(10) Where the court deals with the offender under sub-paragraph (5)(c), it must revoke the community order if it is still in force.

(11) A person sentenced under sub-paragraph (5)(c) for an offence may appeal to the Crown Court against—

(a) the sentence, and

(b) a criminal courts charge order made when imposing that sentence.

Commencement Information

I192 Sch. 10 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court E+W

11 (1) This paragraph applies where— E+W

(a) an offender appears or is brought before the Crown Court under paragraph 9 or by virtue of paragraph 10(3), and

(b) it is proved to the satisfaction of that court that the offender has breached a requirement of the community order without reasonable excuse.

(2) The Crown Court must deal with the offender in respect of the breach in any one of the following ways—

(a) by ordering the offender to pay a fine of an amount not exceeding £2,500;

(b) by amending the terms of the community order so as to impose more onerous requirements which the Crown Court could include if the offender had just been convicted of the offence in respect of which the order was made and it were then making the order;

(c) by re-sentencing the offender for the offence in respect of which the order was made.

(3) Where the court deals with the case under sub-paragraph (2), the criminal courts charge duty (see section 46) applies to the court.

(4) In dealing with the offender under sub-paragraph (2), the Crown Court must take into account the extent to which the offender has complied with the requirements of the community order.

(5) A fine imposed under sub-paragraph (2)(a) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction.

(6) Where—

(a) the offender has wilfully and persistently breached the requirements of the community order, and

(b) the court is dealing with the offender under sub-paragraph (2)(c),

the court may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restriction on imposing discretionary custodial sentences).

(7) Where the Crown Court deals with the offender under sub-paragraph (2)(c), it must revoke the community order if it is still in force.

(8) In proceedings before the Crown Court under this paragraph any question whether the offender has breached a requirement of the community order is to be determined by the court and not by the verdict of a jury.

Commencement Information

I193 Sch. 10 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Treatment requirement: reasonable refusal to undergo treatment E+W

12 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of the community order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 10 or 11 as having breached the requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

Commencement Information

I194 Sch. 10 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers in paragraphs 10 and 11 to impose more onerous requirements: further provision E+W

13 (1) In dealing with an offender under paragraph 10(5)(b) or 11(2)(b), the court may— E+W

(a) extend the duration of particular requirements, subject to any limit imposed by Schedule 9;

(b) substitute a later date for the end date.

(2) A date substituted under sub-paragraph (1)(b)—

(a) must not be more than 6 months after the end date;

(b) subject to that, may be more than 3 years after the date of the order.

(3) Once the power in sub-paragraph (1)(b) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(4) Where—

(a) a community order does not contain an unpaid work requirement, and

(b) in dealing with the offender under paragraph 10(5)(b) or 11(2)(b), the court imposes an unpaid work requirement,

the number of hours for which the offender may be required to work under the requirement (see paragraph 2(1) of Schedule 9) must not, in aggregate, be less than 20.

(5) Paragraphs 10(5)(b) and 11(2)(b) (power to impose more onerous requirements) have effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

Commencement Information

I195 Sch. 10 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Revocation of order with or without re-sentencing

Community order subject to magistrates' court supervision E+W

14 (1) This paragraph applies where a community order subject to magistrates' court supervision is in force, and E+W

(a) the offender, or

(b) an officer of a provider of probation services,

applies to the appropriate magistrates' court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) In this paragraph “the appropriate magistrates' court” means—

(a) in the case of a community order imposing a drug rehabilitation requirement which is subject to review, if a magistrates' court is responsible for the order, that court, and

(b) in any other case, a magistrates' court acting in the offender's home local justice area.

(3) No application may be made under this paragraph while an appeal against the community order is pending.

(4) Unless the application was made by the offender, the appropriate magistrates' court—

(a) must, before exercising its powers under sub-paragraph (5)(b), summon the offender to appear before it, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(5) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may—

(a) revoke the community order, or

(b) both—

(i) revoke the community order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(6) The circumstances in which a community order may be revoked under sub-paragraph (5) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(7) If the court deals with the offender under sub-paragraph (5)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(8) A person sentenced under sub-paragraph (5)(b) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I196 Sch. 10 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crown Court community order E+W

15 (1) This paragraph applies where a Crown Court community order is in force and— E+W

(a) the offender, or

(b) an officer of a provider of probation services,

applies to the Crown Court for the community order to be revoked or for the offender to be dealt with in some other way for the offence in respect of which the order was made.

(2) No application may be made under this paragraph while an appeal against the community order is pending.

(3) Unless the application was made by the offender, the Crown Court—

(a) must, before exercising its powers under sub-paragraph (4)(b), summon the offender to appear before the court, and

(b) if the offender does not appear in answer to the summons, may issue a warrant for the offender's arrest.

(4) If it appears to the Crown Court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(5) The circumstances in which a community order may be revoked under sub-paragraph (4) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision or treatment (as the case requires).

(6) If the Crown Court deals with the offender under sub-paragraph (4)(b), it must take into account the extent to which the offender has complied with the requirements of the order.

Commencement Information

I197 Sch. 10 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Amendment of order

Amendment because of change of residence E+W

16 (1) This paragraph applies where at any time while a community order is in force— E+W

(a) the offender is given permission under section 216 to change residence, and

(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) If the permission is given by a court, the court must amend the order to specify the new local justice area as the offender's home local justice area.

Commencement Information

I198 Sch. 10 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) This paragraph applies where at any time while a community order is in force— E+W

(a) a court amends the order,

(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) The court must amend the order to specify the new local justice area as the offender's home local justice area.

Commencement Information

I199 Sch. 10 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of requirements of community order E+W

18 (1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend a community order— E+W

(a) by cancelling any of the requirements of the order, or

(b) by replacing any of those requirements with a requirement of the same kind which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2) For the purposes of sub-paragraph (1)(b)—

(a) requirements are of the same kind if they fall within the same entry in column 1 of the table in section 201, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3) No application may be made under this paragraph while an appeal against the community order is pending, other than an application which—

(a) relates to a treatment requirement, and

(b) is made by an officer of a provider of probation services with the offender's consent.

(4) Before exercising its powers under this paragraph, the court must summon the offender to appear before it, unless—

(a) the application was made by the offender, or

(b) the court would exercise the powers only to—

(i) cancel a requirement of the community order,

(ii) replace any such requirement with one of a shorter duration, or

(iii) substitute a new place for one specified in the order.

(5) If the offender fails to appear in answer to a summons under sub-paragraph (4) the court may issue a warrant for the offender's arrest.

(6) Sub-paragraph (1)(b) has effect subject to any provision that applies to the court in making a community order as if the court were imposing the requirements on making the order.

(7) The court may not under this paragraph amend a treatment requirement unless the offender expresses willingness to comply with the requirement as amended.

(8) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a) revoke the community order, and

(b) re-sentence the offender for the offence in respect of which the order was made.

(9) If the court deals with the offender under sub-paragraph (8)(b), it—

(a) must take into account the extent to which the offender has complied with the requirements of the order, and

(b) may impose a custodial sentence even if it is not of the opinion mentioned in section 230(2) (general restrictions on imposing discretionary custodial sentences).

Commencement Information

I200 Sch. 10 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of treatment requirement on report of practitioner E+W

19 (1) This paragraph applies where an offender is being treated in pursuance of a treatment requirement and the treatment practitioner— E+W

(a) is of the opinion that—

(i) the treatment of the offender should be continued beyond the period specified in the order,

(ii) the offender needs different treatment,

(iii) the offender is not susceptible to treatment, or

(iv) the offender does not require further treatment, or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3) The responsible officer must cause an application to be made under paragraph 18 to the appropriate court for the replacement or cancellation of the requirement.

(4) In this paragraph, “the treatment practitioner”, in relation to a treatment requirement, means—

(a) the medical practitioner or other person specified in the community order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(b) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Commencement Information

I201 Sch. 10 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of order E+W

20 (1) The appropriate court may, on the application of— E+W

(a) the offender, or

(b) an officer of a provider of probation services,

amend a community order by substituting a later date for the end date.

(2) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

(3) A date substituted under sub-paragraph (1)—

(a) must not be more than 6 months after the end date;

(b) subject to that, may be more than 3 years after the date of the order.

(4) Once the power in sub-paragraph (1) has been exercised in relation to the order, it may not be exercised again in relation to it by any court.

(5) No application may be made under this paragraph while an appeal against the community order is pending.

Commencement Information

I202 Sch. 10 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of unpaid work requirement E+W

21 (1) This paragraph applies where a community order imposing an unpaid work requirement is in force in respect of an offender. E+W

(2) The appropriate court may, on the application of—

(a) the offender, or

(b) an officer of a provider of probation services,

extend the period of 12 months specified in paragraph 1(1)(b) of Schedule 9, if it appears to the court to be in the interests to do so, having regard to circumstances which have arisen since the order was made.

(3) No application may be made under this paragraph while an appeal against the community order is pending.

(4) Unless the application was made by the offender, the court—

(a) must, before exercising its powers under this paragraph, summon the offender to appear before the court, and

(b) if the offender fails to appear in answer to the summons, may issue a warrant for the offender's arrest.

Commencement Information

I203 Sch. 10 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Conviction of further offence

Powers of magistrates' court following subsequent conviction E+W

22 E+W Paragraphs 23 and 24 apply where—

(a) a community order (“the existing community order”) is in force in respect of an offender, and

(b) the offender is convicted of an offence by a magistrates' court (“the present court”).

Commencement Information

I204 Sch. 10 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

23 (1) This paragraph applies if the existing community order was made by a magistrates' court. E+W

(2) If it appears to the present court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the present court may—

(a) revoke the community order, or

(b) both—

(i) revoke the community order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the present court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5) If the present court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

(6) A person sentenced under sub-paragraph (2)(b) for an offence may appeal to the Crown Court against the sentence.

Commencement Information

I205 Sch. 10 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) This paragraph applies if the existing community order was made by the Crown Court. E+W

(2) The present court may—

(a) commit the offender to custody, or

(b) release the offender on bail,

until the offender can be brought before the Crown Court.

(3) Unless the offender is before it, the present court may not deal with the offender under this paragraph unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the present court may issue a warrant for the offender's arrest.

(5) Where the present court deals with the case under this paragraph, it must send the Crown Court such particulars of the case as may be desirable.

Commencement Information

I206 Sch. 10 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Crown Court following subsequent conviction E+W

25 (1) This paragraph applies where a community order is in force in respect of an offender, and the offender— E+W

(a) is convicted of an offence by the Crown Court, or

(b) is brought or appears before the Crown Court—

(i) by virtue of paragraph 24, or

(ii) having been committed by a magistrates' court to the Crown Court for sentence.

(2) If it appears to the Crown Court that it would be in the interests of justice to do so, having regard to circumstances which have arisen since the community order was made, the Crown Court may—

(a) revoke the order, or

(b) both—

(i) revoke the order, and

(ii) re-sentence the offender for the offence in respect of which the order was made.

(3) Unless the offender is before it, the Crown Court may not deal with the offender under sub-paragraph (2)(b) unless it has summoned the offender to appear before it.

(4) If the offender fails to appear in answer to a summons under sub-paragraph (3) the Crown Court may issue a warrant for the offender's arrest.

(5) If the Crown Court deals with the offender under sub-paragraph (2)(b), it must take into account the extent to which the offender has complied with the requirements of the community order.

Commencement Information

I207 Sch. 10 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Supplementary

Adjournment of hearing E+W

26 (1) This paragraph applies to any hearing relating to an offender held by a magistrates' court in any proceedings under this Schedule. E+W

(2) The court may adjourn the hearing, and, where it does so, may—

(a) direct that the offender be released forthwith, or

(b) remand the offender.

(3) Where the court remands the offender under sub-paragraph (2)—

(a) it must fix the time and place at which the hearing is to be resumed, and

(b) that time and place must be the time and place at which the offender is required to appear or be brought before the court by virtue of the remand.

(4) Where the court adjourns the hearing under sub-paragraph (2) but does not remand the offender—

(a) it may fix the time and place at which the hearing is to be resumed, but

(b) if it does not do so, it must not resume the hearing unless it is satisfied that—

(i) the offender, and

(ii) any officer of a provider of probation services who the court considers has an interest in the proceedings,

have had adequate notice of the time and place for the resumed hearing.

(5) The powers of a magistrates' court under this paragraph may be exercised by a single justice of the peace, notwithstanding anything in the Magistrates' Courts Act 1980.

(6) This paragraph—

(a) applies to any hearing in any proceedings under this Schedule in place of section 10 of the Magistrates' Courts Act 1980 (adjournment of trial) where that section would otherwise apply, but

(b) is not to be taken to affect the application of that section to hearings of any other description.

Commencement Information

I208 Sch. 10 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies of orders etc E+W

27 (1) This paragraph applies on the making of an order by a court under this Schedule revoking or amending a community order. E+W

(2) The court must provide copies of the revoking or amending order to—

(a) the offender, and

(b) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—

(a) a provider of probation services that is a public sector provider operating in that area, and

(b) the magistrates' court acting in that area.

(4) In case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the revocation or amendment (the “former home area”), the court must provide a copy of the revoking or amending order to a magistrates' court acting in the former home area.

(6) Where under sub-paragraph (3) the court provides a copy of an amending order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7) In this paragraph, “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I209 Sch. 10 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 219

SCHEDULE 11 U.K. Transfer of community orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C36 Sch. 11 modified by 2006 c. 52, s. 180 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 5 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C37 Sch. 11 applied (with modifications) by 2006 c. 52, s. 178(2)(3) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C38 Sch. 11 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Making of community order where offender will reside in Scotland U.K.

1 (1) This paragraph applies where— U.K.

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 4 and 5.

Commencement Information

I210 Sch. 11 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community order where offender will reside in Scotland U.K.

2 (1) This paragraph applies where— U.K.

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 4 and 5.

Commencement Information

I211 Sch. 11 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements: availability and restrictions U.K.

3 U.K. Paragraphs 4 and 5 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I212 Sch. 11 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 U.K. The order must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

Commencement Information

I213 Sch. 11 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an electronic compliance monitoring requirement.

Commencement Information

I214 Sch. 11 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of requirements etc where court exercises powers by virtue of this Part of this Schedule U.K.

6 U.K. Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the local authority officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraph 34 (requirement not to be imposed unless Secretary of State has notified arrangements);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”.

Commencement Information

I215 Sch. 11 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Northern Ireland

Making of community order where offender will reside in Northern Ireland U.K.

7 (1) This paragraph applies where— U.K.

(a) a community order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a community order is made, will reside there when the order comes into force.

(2) The court may make a community order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) paragraphs 10 to 12 will be satisfied in relation to the order.

Commencement Information

I216 Sch. 11 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community order where offender will reside in Northern Ireland U.K.

8 (1) This paragraph applies where— U.K.

(a) a community order is in force,

(b) the appropriate court (within the meaning of Schedule 10) is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 4 of Schedule 10 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 10 to 12.

Commencement Information

I217 Sch. 11 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Requirements: availability and restrictions U.K.

9 U.K. Paragraphs 10 to 12 apply where a court makes or amends a community order in accordance with this Part of this Schedule.

Commencement Information

I218 Sch. 11 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 U.K. The order must not impose an alcohol abstinence and monitoring requirement.

Commencement Information

I219 Sch. 11 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 U.K. The order must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

Commencement Information

I220 Sch. 11 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 (1) The order must not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) an attendance centre requirement;

(h) an electronic compliance monitoring requirement.

Commencement Information

I221 Sch. 11 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Further provision where offender resides or will reside in Northern Ireland U.K.

13 U.K. Where a court makes or amends a community order in accordance with this Part of this Schedule, Schedule 9 (requirements) has effect as if—

(a) any reference to the responsible officer were a reference to the probation officer concerned;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (responsible person to be of prescribed description);

(iii) paragraphs 34 and 35 (electronic requirements not to be imposed unless Secretary of State has notified arrangements etc);

(c) in paragraph 16 (mental health treatment requirement), in sub-paragraph (2), for the definition of “in-patient treatment” there were substituted—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purposes of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in Part 13 of that Schedule (attendance centre requirement), any reference to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I222 Sch. 11 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 U.K. Making or amendment of order in accordance with Part 1 or 2 of this Schedule

Application U.K.

14 U.K. This Part of this Schedule applies in a case where a court in England and Wales makes or amends a community order in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I223 Sch. 11 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explanation to be given by court before order is made or amended U.K.

15 U.K. Before making or amending the community order, the court must explain to the offender in ordinary language—

(a) the effect of paragraph 20 (order to be treated as corresponding order),

(b) the requirements of the legislation relating to corresponding orders which has effect in Scotland or Northern Ireland (as the case may be),

(c) the powers of the home court under that legislation, as modified by Part 4 of this Schedule, and

(d) its own powers in relation to the community order (see Part 4 of this Schedule).

Commencement Information

I224 Sch. 11 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order U.K.

16 (1) The community order must specify— U.K.

(a) the locality in Scotland in which the offender resides or will be residing at the relevant time, or

(b) that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) Sub-paragraph (1) has effect in place of section 210 (offender's home local justice area to be specified).

(3) The community order must specify an order as the corresponding order for the purposes of this Schedule.

(4) The corresponding order must be an order that may be made—

(a) in the case of a Scottish community order, by a court in Scotland;

(b) in the case of a Northern Ireland community order, by a court in Northern Ireland.

(5) A Scottish community order which specifies as the corresponding order a community payback order within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 must also specify the appropriate court for the purposes of sections 227A to 227ZK of that Act.

(6) That court—

(a) must be a court of summary jurisdiction having jurisdiction in the locality specified under sub-paragraph (1)(a), and

(b) must, in the case of an offender convicted on indictment, be the sheriff court.

Commencement Information

I225 Sch. 11 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

17 (1) The court which makes or amends the community order must— U.K.

(a) forthwith provide the offender with a copy of the order as made or amended, and

(b) provide the home court with—

(i) a copy of the order as made or amended, and

(ii) such other documents and information relating to the case as it considers likely to be of assistance to the home court.

(2) Where the court—

(a) makes a community order which imposes a requirement specified in column 1 of the table in sub-paragraph (3), or

(b) amends a community order so as to impose or amend such a requirement,

it must also forthwith provide the person specified in the corresponding entry in column 2 of the table with a copy of so much of the community order or amending order as relates to that requirement.

(3) The table is—

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(4) This paragraph has effect in place of section 212 (provision of copies of relevant orders).

Commencement Information

I226 Sch. 11 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 U.K. Effect of order made or amended in accordance with Part 1 or 2 of this Schedule

Application U.K.

18 U.K. This Part of this Schedule applies where a community order has effect as made or amended in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I227 Sch. 11 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty to keep in touch with responsible officer U.K.

19 (1) The offender must keep in touch— U.K.

(a) with the local authority officer concerned, in the case of a Scottish community order, or

(b) with the probation officer concerned, in the case of a Northern Ireland community order,

in accordance with such instructions as the officer may give the offender from time to time.

(2) That obligation is enforceable as if it were a requirement imposed by the community order.

(3) This paragraph has effect in place of section 215.

Commencement Information

I228 Sch. 11 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order to be treated as corresponding order in certain circumstances U.K.

20 (1) The community order is to be treated as if it were a corresponding order. U.K.

(2) The relevant home legislation applies accordingly.

(3) In this Schedule, “relevant home legislation”—

(a) in relation to a Scottish community order, means the legislation relating to corresponding orders that has effect in Scotland;

(b) in relation to a Northern Ireland community order, means the legislation relating to corresponding orders that has effect in Northern Ireland.

(4) This paragraph is subject to the following provisions of this Part of this Schedule.

Commencement Information

I229 Sch. 11 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise by home court of powers relating to corresponding orders U.K.

21 (1) The home court may exercise any relevant local power in relation to the community order, subject to the following restrictions. U.K.

(2) A “relevant local power” means a power which the home court could exercise in relation to a corresponding order by virtue of the relevant home legislation.

(3) The home court may not discharge or revoke the order.

(4) But that does not prevent the home court from exercising a power to revoke the order where—

(a) the offender has been convicted of a further offence, and

(b) the court has imposed a custodial sentence (and section 222(1) (meaning of “custodial sentence”) does not apply for this purpose).

(5) The home court may not deal with the offender for the offence in respect of which the community order was made.

(6) If the order imposes an unpaid work requirement, the home court may not vary the order so as to specify a greater number of hours in relation to the requirement than the court which made the order could specify, applying the relevant assumptions.

(7) If the order imposes a curfew requirement, the home court may not vary the order so as to specify curfew periods (within the meaning of paragraph 9 of Schedule 9) that the court which made the order could not specify, applying the relevant assumptions.

(8) For the purposes of sub-paragraphs (6) and (7), the relevant assumptions are that—

(a) the court which made the order is now making the community order, and

(b) the offender has just been convicted by or before it of the offence in respect of which the community order was made.

Commencement Information

I230 Sch. 11 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of home court to require offender to appear before court in England and Wales U.K.

22 (1) Where the home court is of the opinion that— U.K.

(a) the offender has breached any of the requirements of the order, or

(b) it would be in the interests of justice for a power conferred by Part 3 of Schedule 10 (revocation of order with or without re-sentencing) to be exercised,

the home court may require the offender to appear before the court which made the order or which last amended the order in England and Wales.

(2) The court may form an opinion within sub-paragraph (1)(a) for the purposes of this paragraph only—

(a) on information from the local authority officer concerned, if the home court is in Scotland, or

(b) upon a complaint being made to a lay magistrate, if the home court is in Northern Ireland.

(3) The court may form an opinion within sub-paragraph (1)(b) for the purposes of this paragraph only on the application—

(a) of the offender, or

(b) of—

(i) the local authority officer concerned, if the home court is in Scotland;

(ii) the probation officer concerned, if the home court is in Northern Ireland.

Commencement Information

I231 Sch. 11 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Home court to certify breach of requirement U.K.

23 (1) Where the home court requires the offender to appear before a court in England and Wales by virtue of paragraph 22(1)(a) (breach of a requirement of the order), the home court must send the court in England and Wales— U.K.

(a) a certificate certifying that the offender has breached a requirement of the community order specified in the certificate, and

(b) such other particulars of the case as may be desirable.

(2) A certificate under sub-paragraph (1)(a) purporting to be signed by the clerk of the home court is admissible as evidence of the breach before the court in England and Wales.

Commencement Information

I232 Sch. 11 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court in England and Wales where offender required to appear under paragraph 22 U.K.

24 (1) This paragraph applies where under paragraph 22 the home court requires the offender to appear before a court in England and Wales. U.K.

(2) The court in England and Wales may issue a warrant for the offender's arrest.

(3) The court in England and Wales may exercise any power which it could exercise in respect of the community order if the offender resided in England and Wales.

This is subject to paragraphs 25 and 26.

(4) Any enactment relating to the exercise of such powers has effect accordingly, with any reference in it to the responsible officer being read as a reference to—

(a) the local authority officer concerned, in the case of a Scottish community order;

(b) the probation officer concerned, in the case of a Northern Ireland community order.

Commencement Information

I233 Sch. 11 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 (1) This paragraph applies where— U.K.

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Scotland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(3) The court may not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement;

(4) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in the locality in Scotland in which the offender resides, or will be residing at the relevant time, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 5.

(5) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 1 of this Schedule—

(a) paragraph 6;

(b) paragraphs 14 to 23.

Commencement Information

I234 Sch. 11 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

26 (1) This paragraph applies where— U.K.

(a) a court in England and Wales is exercising a power in respect of a community order by virtue of paragraph 24(3), and

(b) the offender resides in Northern Ireland.

(2) The court may not amend the community order unless, in relation to any requirement that it proposes to impose, it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(3) The court may not impose an alcohol abstinence and monitoring requirement.

(4) The court may not amend the community order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(a) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(b) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

(5) The court may not amend the community order to impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in Northern Ireland, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

For the purposes of this paragraph, “locally based requirement” has the same meaning as it has for the purposes of paragraph 12.

(6) The following apply in relation to the amendment of the community order by virtue of paragraph 24(3) as they apply in relation to the amendment of an order in accordance with Part 2 of this Schedule—

(a) paragraph 13;

(b) paragraphs 14 to 23.

Commencement Information

I235 Sch. 11 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 U.K. Interpretation

27 U.K. In this Schedule—

• “breach”, in relation to a requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “corresponding order”, in relation to a community order, means the order specified under paragraph 16(3);

• “home court” means—

  (a)

  if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  if the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;

• “the local authority officer concerned”, in relation to an offender, means the officer of a council constituted under section 2 of the Local Government etc (Scotland) Act 1994 responsible for—

  (a)

  the offender's supervision, and

  (b)

  discharging in relation to the offender the functions of the responsible officer under sections 227A to 227ZK of the Criminal Procedure (Scotland) Act 1995;

• “the local council in Scotland” means the council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 in whose area the offender resides or will be residing at the relevant time;

• “Northern Ireland community order” means a community order made or amended in accordance with Part 2 of this Schedule;

• “the probation officer concerned”, in relation to an offender, means the probation officer responsible for—

  (a)

  the offender's supervision, or

  (b)

  as the case may be, discharging in relation to the offender the functions conferred by Part 2 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));

• “relevant home legislation” has the meaning given by paragraph 20(3);

• “the relevant time”, in relation to the making or amendment of an order in accordance with Part 1, 2 or 4 of this Schedule, means the time when the order or the amendment to it comes into force;

• “Scottish community order” means a community order made or amended in accordance with Part 1 of this Schedule.

Commencement Information

I236 Sch. 11 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 243

SCHEDULE 12 E+W Detention and training order: breach of supervision requirements and further offences

Modifications etc. (not altering text)

C39 Sch. 12 modified by 2006 c. 52, s. 213(1)(b) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(2) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Interpretation E+W

1 E+W In this Schedule—

• “breach”, in relation to a supervision requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “supervision requirement” means a requirement with which an offender must comply under—

  (a)

  section 242(4)(b), or

  (b)

  paragraph 4(4)(b);

• “further detention order” means an order under paragraph 3(2)(a);

• “further supervision order” means an order under paragraph 3(2)(b).

Commencement Information

I237 Sch. 12 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of supervision requirement: issue of summons or warrant by justice of the peace E+W

2 (1) Sub-paragraph (2) applies where— E+W

(a) a detention and training order, or a further supervision order, is in force in respect of an offender, and

(b) it appears on information to a justice of the peace that the offender has breached any of the supervision requirements imposed under the order.

(2) The justice—

(a) may issue a summons requiring the offender to appear at the place and time specified in the summons, or

(b) if the information is in writing and on oath, may issue a warrant for the offender's arrest.

(3) Any summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) before a youth court acting for the local justice area in which the offender resides, or

(b) if it is not known where the offender resides, before a youth court acting for same local justice area as the justice who issued the summons or warrant.

Modifications etc. (not altering text)

C40 Sch. 12 para. 2 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

C41 Sch. 12 para. 2 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I238 Sch. 12 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power of youth court to deal with offender for breach of supervision requirement E+W

3 (1) Sub-paragraph (2) applies if it is proved to the satisfaction of the youth court before which an offender appears or is brought under paragraph 2 that the offender has breached a supervision requirement imposed under a relevant order. E+W

(2) The court may—

(a) order the offender to be detained for such period, not exceeding the maximum period found under sub-paragraph (3), as the court may specify,

(b) order the offender to be subject to such period of supervision, not exceeding the maximum period found under sub-paragraph (3), as the court may specify, or

(c) impose on the offender a fine not exceeding level 3 on the standard scale.

(3) The maximum period referred to in sub-paragraph (2)(a) and (b) is the shorter of—

(a) 3 months, and

(b) the period between—

(i) the date of the offender's breach, and

(ii) the last day of the term of the relevant order.

(4) For the purposes of sub-paragraph (3), a breach that is found to have occurred—

(a) over 2 or more days, or

(b) at some time during a period of 2 or more days,

is to be taken to have occurred on the first of those days.

(5) A court may make an order under sub-paragraph (2) before or after the end of the term of the relevant order.

(6) A period of detention or supervision ordered under sub-paragraph (2)—

(a) begins with the day on which the order is made, and

(b) may overlap to any extent with the period of supervision under the relevant order.

This is subject to paragraph 5(1) (further detention order made where offender detained under other detention and training order).

(7) An offender detained under a further detention order is deemed to be in legal custody.

(8) Detention under a further detention order is—

(a) if the offender has reached the age of 21, to be in prison,

(b) otherwise, to be in such youth detention accommodation as the Secretary of State may determine.

(9) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (2)(c),

section 380 (order for payment by parent or guardian) applies to the fine.

(10) A fine imposed under sub-paragraph (2)(c) is to be treated, for the purposes of any enactment, as being a sum adjudged to be paid by a conviction.

(11) An offender may appeal to the Crown Court against any order made under sub-paragraph (2).

(12) In this paragraph—

(a) “relevant order” means—

(i) a detention and training order, or

(ii) a further supervision order;

(b) any reference to the term of a relevant order is—

(i) in the case of a detention and training order, to the term of the order, and

(ii) in the case of a further supervision order, to the period of supervision imposed by the order.

Modifications etc. (not altering text)

C42 Sch. 12 para. 3 applied (with modifications) by 1997 c. 43, Sch. 1 para. 9 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(4) (with Sch. 27); S.I. 2020/1236, reg. 2)

C43 Sch. 12 para. 3 applied (with modifications) by 1997 c. 43, Sch. 1 para. 8 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 149(3) (with Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I239 Sch. 12 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Supervision where order made under paragraph 3(2)(b) E+W

4 (1) This paragraph applies where an offender is subject to a period of supervision by virtue of a further supervision order. E+W

(2) During that period of supervision, the offender—

(a) is to be under the supervision of—

(i) an officer of a provider of probation services, or

(ii) a member of a youth offending team, and

(b) may be required to comply with particular requirements.

(3) Any such requirements, and the category of person to supervise the offender, are to be determined from time to time by the Secretary of State.

(4) The offender must be notified by the Secretary of State of—

(a) the category of person responsible for the offender's supervision, and

(b) any requirements with which the offender must comply.

(5) A notice under sub-paragraph (4) must be given to the offender—

(a) as soon as reasonably practicable after the further supervision order is made, and

(b) before any change in the matters mentioned in that sub-paragraph.

(6) Where the supervision is to be provided by an officer of a provider of probation services, that officer must be an officer acting in the local justice area within which the offender resides for the time being.

(7) Where the supervision is to be provided by a member of a youth offending team, the member must be a member of a youth offending team established by the local authority in whose area the offender resides for the time being.

Commencement Information

I240 Sch. 12 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interaction of further detention order with other detention and training orders E+W

5 (1) Where— E+W

(a) a court makes a further detention order for a failure to comply with a supervision requirement under a detention and training order, and

(b) the offender—

(i) is also subject to a different detention and training order which is a relevant detention and training order (see section 248(3)), and

(ii) has not at any time been released for supervision under that other order,

the court may order that the further detention order is to take effect at the time when the offender would otherwise be released for supervision under the relevant detention and training order mentioned in paragraph (b).

(2) Subject to sub-paragraph (3), where at any time an offender is subject concurrently to—

(a) a relevant detention and training order (see section 248(3)), and

(b) a further detention order,

the offender is to be treated for the purposes of sections 241 to 243 and this Schedule as if subject only to the detention and training order.

(3) Nothing in sub-paragraph (2) requires the offender to be released in respect of either the relevant detention and training order or the further detention order unless and until the offender is required to be released in respect of each of them.

Modifications etc. (not altering text)

C44 Sch. 12 para. 5(2) modified by 2006 c. 52, s. 213(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 33(4) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I241 Sch. 12 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interaction of further detention order with other custodial sentences E+W

6 (1) The Secretary of State may by regulations make provision about the interaction between a further detention order and a custodial sentence where— E+W

(a) an offender who is subject to a further detention order becomes subject to a custodial sentence, or

(b) an offender who is subject to a custodial sentence becomes subject to a further detention order.

(2) The provision that may be made by regulations under this paragraph includes—

(a) provision as to the time at which the further detention order or the custodial sentence is to take effect;

(b) provision for the offender to be treated, for the purposes of the enactments specified in the regulations, as subject only to the further detention order or the custodial sentence;

(c) provision about the effect of enactments relating to the person's release from detention or imprisonment in a case where that release is not to take effect immediately by virtue of provision in the regulations.

(3) In this paragraph—

• “custodial sentence” includes—

  (a)

  a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and

  (b)

  a pre-Code custodial sentence (see section 222(4));

• “further detention order” includes an order made under section 104(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I242 Sch. 12 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offence after release for supervision or during further supervision period E+W

7 (1) This paragraph applies where an offender commits an imprisonable offence (“the new offence”)— E+W

(a) after having been released for supervision under a detention and training order but before the date on which the term of the order ends, or

(b) during a period of supervision under a further supervision order.

(2) The court which deals with the offender for the new offence may order the offender to be detained for all or part of the period mentioned in sub-paragraph (3).

(3) That period is the period which—

(a) begins with the date of the order under sub-paragraph (2), and

(b) is equal in length to the period between—

(i) the date on which the new offence was committed, and

(ii) the date on which the term of the detention and training order, or the period of supervision, mentioned in sub-paragraph (1) ends.

(4) A court may make an order under sub-paragraph (2) whether or not it passes any other sentence on the offender.

(5) Detention under sub-paragraph (2) is to be in such youth detention accommodation as the Secretary of State may determine.

(6) The period for which an offender is ordered under sub-paragraph (2) to be detained—

(a) must, as the court may direct—

(i) be served before and be followed by, or

(ii) be served concurrently with,

any sentence imposed for the new offence, and

(b) in either case, is to be disregarded in determining the appropriate length of that sentence.

(7) Where the new offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is be taken for the purposes of this paragraph to have been committed on the last of those days.

(8) A person detained under an order under sub-paragraph (2) is deemed to be in legal custody.

Commencement Information

I243 Sch. 12 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 265 and 278

SCHEDULE 13 E+W Special sentence for offenders of particular concern: offences

Modifications etc. (not altering text)

C45 Sch. 13 applied (with modifications) by 2006 c. 52, s. 224A(1)(b)(4) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 45(2)(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Terrorism offences E+W

1 E+W An offence under any of the following provisions of the Offences against the Person Act 1861 which is an offence that has a terrorist connection—

(a) section 4 (soliciting murder);

(b) section 28 (causing bodily injury by explosives);

(c) section 29 (using explosives etc with intent to do grievous bodily harm).

Commencement Information

I244 Sch. 13 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W An offence under any of the following provisions of the Explosive Substances Act 1883 which is an offence that has a terrorist connection—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 of that Act (making or possession of explosive under suspicious circumstances).

Commencement Information

I245 Sch. 13 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting support for a proscribed organisation);

(c) section 54 (weapons training);

(d) section 56 (directing terrorist organisation);

(e) section 57 (possession of article for terrorist purposes);

(f) section 58 (collection of information likely to be of use to a terrorist);

(g) section 58A (publishing information about members of the armed forces etc);

(h) section 58B (entering or remaining in a designated area);

(i) section 59 (inciting terrorism overseas).

Commencement Information

I246 Sch. 13 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas);

(c) section 113 (use of noxious substance or thing to cause harm or intimidate).

Commencement Information

I247 Sch. 13 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 of that Act (making or possession of radioactive device or material);

(g) section 10 of that Act (use of radioactive device or material for terrorist purposes etc);

(h) section 11 of that Act (terrorist threats relating to radioactive devices etc).

Commencement Information

I248 Sch. 13 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual offences E+W

6 E+W An offence under either of the following provisions of the Sexual Offences Act 2003—

(a) section 5 (rape of a child under 13);

(b) section 6 (assault of a child under 13 by penetration).

Commencement Information

I249 Sch. 13 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

7 E+W An inchoate offence in relation to an offence specified in any of the preceding paragraphs of this Schedule.

Commencement Information

I250 Sch. 13 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W An inchoate offence in relation to murder where the offence has a terrorist connection.

Commencement Information

I251 Sch. 13 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Abolished offences E+W

9 E+W An offence that—

(a) was abolished before 13 April 2015, and

(b) if committed on the day on which the offender is convicted of the offence, would have constituted an offence specified in any of the preceding paragraphs of this Schedule.

Commencement Information

I252 Sch. 13 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Meaning of “terrorist connection” E+W

10 E+W For the purposes of this Schedule, an offence has a terrorist connection if a court has determined under section 69 that the offence has such a connection.

Commencement Information

I253 Sch. 13 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 267 and 280

SCHEDULE 14 E+W Extended sentences: the earlier offence condition: offences

PART 1 E+W Offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

Manslaughter E+W

1 E+W Manslaughter.

Commencement Information

I254 Sch. 14 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

2 E+W An offence under any of the following sections of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 28 (causing bodily injury by explosives);

(d) section 29 (using explosives etc with intent to do grievous bodily harm).

Commencement Information

I255 Sch. 14 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

3 E+W An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances).

Commencement Information

I256 Sch. 14 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

4 E+W An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of a firearm with intent to endanger life);

(b) section 17(1) (use of a firearm to resist arrest);

(c) section 18 (carrying a firearm with criminal intent).

Commencement Information

I257 Sch. 14 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

5 E+W An offence of robbery under section 8 of the Theft Act 1968 where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968.

Commencement Information

I258 Sch. 14 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection of Children Act 1978 E+W

6 E+W An offence under section 1 of the Protection of Children Act 1978 (indecent images of children).

Commencement Information

I259 Sch. 14 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000 E+W

7 E+W An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 54 (weapons training);

(b) section 56 (directing terrorist organisation);

(c) section 57 (possession of article for terrorist purposes);

(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I260 Sch. 14 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism Crime and Security Act 2001 E+W

8 E+W An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas);

(c) section 113 (use of noxious substance or thing to cause harm or intimidate).

Commencement Information

I261 Sch. 14 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 E+W

9 E+W An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003	Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)	The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 7 (sexual assault of a child under 13)
(g) Section 8 (causing or inciting a child under 13 to engage in sexual activity)
(h) Section 9 (sexual activity with a child)
(i) Section 10 (causing or inciting a child to engage in sexual activity)
(j) Section 11 (engaging in sexual activity in the presence of a child)
(k) Section 12 (causing a child to watch a sexual act)
(l) Section 14 (arranging or facilitating commission of a child sex offence)
(m) Section 15 (meeting a child following sexual grooming etc)
(n) Section 25 (sexual activity with a child family member)	The offender is aged 18 or over at the time of the offence
(o) Section 26 (inciting a child family member to engage in sexual activity)	The offender is aged 18 or over at the time of the offence
(p) Section 30 (sexual activity with a person with a mental disorder impeding choice)	The offender is liable on conviction on indictment to imprisonment for life
(q) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(r) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)	The offender is liable on conviction on indictment to imprisonment for life
(s) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)	The offender is liable on conviction on indictment to imprisonment for life
(t) Section 47 (paying for sexual services of a child)	The offence is against a person aged under 16
(u) Section 48 (causing or inciting sexual exploitation of a child)
(v) Section 49 (controlling a child in relation to sexual exploitation)
(w) Section 50 (arranging or facilitating sexual exploitation of a child)
(x) Section 62 (committing an offence with intent to commit a sexual offence)	The offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I262 Sch. 14 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004 E+W

10 E+W An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult).

Commencement Information

I263 Sch. 14 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006 E+W

11 E+W An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 5 (preparation of terrorist acts);

(b) section 6 (training for terrorism);

(c) section 9 (making or possession of radioactive device or materials);

(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities);

(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities).

Commencement Information

I264 Sch. 14 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

12 E+W An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 (human trafficking).

Commencement Information

I265 Sch. 14 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Murder E+W

13 E+W Murder.

Commencement Information

I266 Sch. 14 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

14 E+W An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Commencement Information

I267 Sch. 14 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Abolished offences E+W

15 E+W Any offence that—

(a) was abolished (with or without savings) before 3 December 2012, and

(b) would, if committed on the day on which the offender is convicted of the offence referred to in section 267(1)(a) or 280(1)(a) (as appropriate), have constituted an offence specified in any of the preceding paragraphs in this Part of this Schedule.

Commencement Information

I268 Sch. 14 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Offences under service law

16 E+W An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 of this Schedule.

Commencement Information

I269 Sch. 14 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 of this Schedule. E+W

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Commencement Information

I270 Sch. 14 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Offences under the law of Scotland [F1 or Northern Ireland]

Textual Amendments

F1 Words in Sch. 14 Pt. 3 heading substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 95(4) (with Sch. 27)

18 E+W A civilian offence for which the person was convicted in Scotland [F2 or Northern Ireland] and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

Textual Amendments

F2 Words in Sch. 14 para. 18 substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 95(2) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(b))

Commencement Information

I271 Sch. 14 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F3 19 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 14 para. 19 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 95(3) (with Sch. 27)

F4 20 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 14 para. 20 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 95(3) (with Sch. 27)

[F5 Part 3A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

Textual Amendments

F5 Sch. 14 Pt. 3A inserted (31.12.2020) by Sch. 22 para. 95(5) of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(d))

20A. E+W A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20B. E+W A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.]

PART 4 E+W Interpretation

21 E+W In this Schedule “imprisonment for life” includes custody for life and detention for life.

Commencement Information

I272 Sch. 14 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

[F6 22. E+W In this Schedule—

• “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.]

Textual Amendments

F6 Sch. 14 para. 22 inserted by Sentencing Act 2020 (c. 17), Sch. 22 para. 95(6) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(d))

Sections 273 and 283

SCHEDULE 15 E+W Life sentence for second offence: listed offences

PART 1 E+W Offences under the law of England and Wales

Commencement Information

I273 Sch. 15 paras. 1-15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

The following offences to the extent that they are offences under the law of England and Wales—

Offence	Specified date
Manslaughter
1	Manslaughter	3 December 2012
Offences against the Person Act 1861
2	An offence under any of the following provisions of the Offences against the Person Act 1861—
	(a) section 4 (soliciting murder)	3 December 2012
	(b) section 18 (wounding with intent to cause grievous bodily harm)	3 December 2012
	(c) section 28 (causing bodily injury by explosives)	13 April 2015
	(d) section 29 (using explosives etc with intent to do grievous bodily harm)	13 April 2015
Explosive Substances Act 1883
3	An offence under any of the following provisions of the Explosive Substances Act 1883—
	(a) section 2 (causing explosion likely to endanger life or property)	13 April 2015
	(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property)	13 April 2015
	(c) section 4 (making or possession of explosive under suspicious circumstances)	13 April 2015
Firearms Act 1968
4	An offence under any of the following provisions of the Firearms Act 1968—
	(a) section 16 (possession of a firearm with intent to endanger life)	3 December 2012
	(b) section 17(1) (use of a firearm to resist arrest)	3 December 2012
	(c) section 18 (carrying a firearm with criminal intent)	3 December 2012
Theft Act 1968
5	An offence of robbery under section 8 of the Theft Act 1968 (robbery) where, at some time during the commission of the offence, the offender had in his or her possession a firearm or an imitation firearm within the meaning of the Firearms Act 1968	3 December 2012
Protection of Children Act 1978
6	An offence under section 1 of the Protection of Children Act 1978 (indecent images of children)	3 December 2012
Terrorism Act 2000
7	An offence under any of the following provisions of the Terrorism Act 2000—
	(a) section 54 (weapons training)	13 April 2015
	(b) section 56 (directing terrorist organisation)	3 December 2012
	(c) section 57 (possession of article for terrorist purposes)	3 December 2012
	(d) section 59 (inciting terrorism overseas) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
Anti-terrorism, Crime and Security Act 2001
8	An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—
	(a) section 47 (use etc of nuclear weapons)	3 December 2012
	(b) section 50 (assisting or inducing certain weapons-related acts overseas)	3 December 2012
	(c) section 113 (use of noxious substance or thing to cause harm or intimidate)	3 December 2012
Sexual Offences Act 2003
9	An offence under any of the following provisions of the Sexual Offences Act 2003—
	(a) section 1 (rape)	3 December 2012
	(b) section 2 (assault by penetration)	3 December 2012
	(c) section 4 (causing a person to engage in sexual activity without consent) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(d) section 5 (rape of a child under 13)	3 December 2012
	(e) section 6 (assault of a child under 13 by penetration)	3 December 2012
	(f) section 7 (sexual assault of a child under 13)	3 December 2012
	(g) section 8 (causing or inciting a child under 13 to engage in sexual activity)	3 December 2012
	(h) section 9 (sexual activity with a child)	3 December 2012
	(i) section 10 (causing or inciting a child to engage in sexual activity)	3 December 2012
	(j) section 11 (engaging in sexual activity in the presence of a child)	3 December 2012
	(k) section 12 (causing a child to watch a sexual act)	3 December 2012
	(l) section 14 (arranging or facilitating commission of a child sex offence)	3 December 2012
	(m) section 15 (meeting a child following sexual grooming etc)	3 December 2012
	(n) section 25 (sexual activity with a child family member) if the offender is aged 18 or over at the time of the offence	3 December 2012
	(o) section 26 (inciting a child family member to engage in sexual activity) if the offender is aged 18 or over at the time of the offence	3 December 2012
	(p) section 30 (sexual activity with a person with a mental disorder impeding choice) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(q) section 31 (causing or inciting a person with a mental disorder to engage in sexual activity) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(r) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(s) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
	(t) section 47 (paying for sexual services of a child) if the offence is against a person aged under 16	3 December 2012
	(u) section 48 (causing or inciting sexual exploitation of a child)	3 December 2012
	(v) section 49 (controlling a child in relation to sexual exploitation)	3 December 2012
	(w) section 50 (arranging or facilitating sexual exploitation of a child)	3 December 2012
	(x) section 62 (committing an offence with intent to commit a sexual offence) if the offender is liable on conviction on indictment to imprisonment for life	3 December 2012
Domestic Violence, Crime and Victims Act 2004
10	An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing the death of a child or vulnerable adult)	3 December 2012
Terrorism Act 2006
11	An offence under any of the following provisions of the Terrorism Act 2006—
	(a) section 5 of the Terrorism Act 2006 (preparation of terrorist acts)	3 December 2012
	(b) section 6 (training for terrorism)	13 April 2015
	(c) section 9 (making or possession of radioactive device or materials)	3 December 2012
	(d) section 10 (misuse of radioactive devices or material and misuse and damage of facilities)	3 December 2012
	(e) section 11 (terrorist threats relating to radioactive devices, materials or facilities)	3 December 2012
Modern Slavery Act 2015
12	An offence under either of the following provisions of the Modern Slavery Act 2015—
	(a) section 1 (slavery, servitude and forced or compulsory labour)	31 July 2015
	(b) section 2 of that Act (human trafficking)	31 July 2015
Inchoate offences
14	An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule (a “relevant offence”)	The date specified for the relevant offence
15	An inchoate offence in relation to murder	3 December 2012

PART 2 E+W Further offences under the law of England and Wales

The following offences to the extent that they are offences under the law of England and Wales—

16 E+W Murder.

Commencement Information

I274 Sch. 15 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 E+W Any offence that—

(a) was abolished (with or without savings) before 3 December 2012, and

(b) would, if committed when the index offence was committed, have constituted an offence specified in Part 1 of this Schedule.

Commencement Information

I275 Sch. 15 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Offences under service law

18 E+W An offence under section 70 of the Army Act 1955, section 70 of the Air Force Act 1955 or section 42 of the Naval Discipline Act 1957 as respects which the corresponding civil offence (within the meaning of the Act in question) is an offence specified in Part 1 or 2 of this Schedule.

Commencement Information

I276 Sch. 15 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 (1) An offence under section 42 of the Armed Forces Act 2006 as respects which the corresponding offence under the law of England and Wales (within the meaning given by that section) is an offence specified in Part 1 or 2 of this Schedule. E+W

(2) Section 48 of the Armed Forces Act 2006 (attempts, conspiracy etc) applies for the purposes of this paragraph as if the reference in subsection (3)(b) of that section to any of the following provisions of that Act were a reference to this paragraph.

Commencement Information

I277 Sch. 15 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Offences under the law of Scotland [F7 or Northern Ireland]

Textual Amendments

F7 Words in Sch. 15 Pt. 4 heading substituted (31.12.2020) by Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(4) (with Sch. 27)

20 E+W A civilian offence for which the person was convicted in Scotland [F8 or Northern Ireland] and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

F9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Words in Sch. 15 para. 20 substituted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 96(2)(a) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(b))

F9 Words in Sch. 15 para. 20 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), Sch. 22 para. 96(2)(b) (as substituted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(b))

Commencement Information

I278 Sch. 15 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

F10 21 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 15 paras. 21-23 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(3) (with Sch. 27)

F10 22 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 15 paras. 21-23 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(3) (with Sch. 27)

F10 23 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F10 Sch. 15 paras. 21-23 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 96(3) (with Sch. 27)

[F11 Part 4A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

Textual Amendments

F11 Sch. 15 Pt. 4A inserted (31.12.2020) by Sch. 22 para. 96(5) of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(d))

23A. E+W If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

(a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

(b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B. E+W Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

(b) with the omission of paragraphs 23A(b).]

PART 5 E+W Interpretation

24 (1) In this Schedule— E+W

• [F12 “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;]

• “imprisonment for life” includes custody for life and detention for life;

• “index offence” has the same meaning as in section 273 or 283 (as appropriate).

• [F12 “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.]

(2) The references in Part 1 of this Schedule to offences under sections 48, 49 and 50 of the Sexual Offences Act 2003 include references to offences under those sections as they had effect before the amendments made by section 68 of the Serious Crime Act 2015 (child sexual exploitation) came into force.

Textual Amendments

F12 Words in Sch. 15 para. 24(1) inserted (31.12.2020) by Sentencing Act 2020 (c. 17), Sch. 22 para. 96(6) (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(d))

Commencement Information

I279 Sch. 15 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 303

SCHEDULE 16 U.K. Breach or amendment of suspended sentence order, and effect of further conviction

Modifications etc. (not altering text)

C46 Sch. 16 applied (with modifications) by 2006 c. 52, s. 200, Sch. 7 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 26 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 E+W Preliminary

Interpretation: general E+W

1 (1) In this Schedule, in relation to a suspended sentence order— E+W

• “activation order” has the meaning given by paragraph 14(1);

• “the appropriate court” means—

  (a)

  in the case of a suspended sentence order which is subject to review, the court responsible for the order,

  (b)

  in the case of a Crown Court order, the Crown Court, and

  (c)

  in any other case, a magistrates' court acting in the local justice area for the time being specified in the order.

(2) In this Schedule, in relation to a community order, any reference (however expressed) to breach of a requirement of the order is a reference to any failure of the offender to comply with a requirement imposed by the order.

Commencement Information

I280 Sch. 16 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement officers E+W

2 (1) In this Schedule “enforcement officer” means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State. E+W

(2) An enforcement officer must be an officer of a provider of probation services that is a public sector provider.

(3) For this purpose, “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I281 Sch. 16 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

“Order subject to magistrates' court supervision” and “Crown Court order” E+W

3 E+W In this Schedule—

• “order subject to magistrates' court supervision” means a suspended sentence order that imposes any community requirement which—

  (a)

  was made by a magistrates' court, or

  (b)

  was made by the Crown Court and includes a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court;

• “Crown Court order” means a suspended sentence order that imposes any community requirement which—

  (a)

  was made by the Crown Court, and

  (b)

  does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court.

Commencement Information

I282 Sch. 16 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders and community requirements which are subject to review E+W

4 (1) For the purposes of this Schedule, a suspended sentence order is subject to review if— E+W

(a) the order is subject to review in accordance with section 293(1), or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

(2) In this Schedule, a reference to the court responsible for a suspended sentence order which is subject to review is to the responsible court within the meaning given—

(a) in section 293(4), or

(b) in paragraph 21(4) of Schedule 9,

(as the case may be).

Commencement Information

I283 Sch. 16 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Orders made on appeal E+W

5 E+W A suspended sentence order made on appeal is to be taken for the purposes of this Schedule to have been made by the Crown Court.

Commencement Information

I284 Sch. 16 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Breach of community requirement or conviction of further offence

Breach of community requirement: duty to give warning or refer to enforcement officer E+W

6 (1) This paragraph applies where the responsible officer is of the opinion that the offender has without reasonable excuse breached a community requirement of a suspended sentence order. E+W

(2) If the offender has been given a warning under this paragraph within the previous 12 months in relation to a breach of any community requirement of the order, the officer must refer the matter to an enforcement officer.

(3) Otherwise the officer must either—

(a) give the offender a warning under this paragraph, or

(b) refer the matter to an enforcement officer.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the responsible officer must record that fact.

Commencement Information

I285 Sch. 16 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of enforcement officer E+W

7 E+W Where a matter is referred to an enforcement officer under paragraph 6, the enforcement officer must—

(a) consider the case, and

(b) where appropriate, cause an information to be laid in respect of the offender's breach of the requirement—

(i) in the case of an order subject to magistrates' court supervision, before a justice of the peace;

(ii) in the case of a Crown Court order, before the Crown Court.

Commencement Information

I286 Sch. 16 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order subject to magistrates' court supervision: issue of summons or warrant by justice E+W

8 (1) This paragraph applies where, during the supervision period of an order subject to magistrates' court supervision, it appears on information to a justice of the peace that the offender has breached any community requirement of the order. E+W

(2) The justice may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought—

(a) in the case of a suspended sentence order which is subject to review, before the court responsible for the order;

(b) in any other case, before a magistrates' court acting in—

(i) the local justice area in which the offender resides, or

(ii) if it is not known where the offender resides, in the offender's home local justice area.

(4) Where—

(a) a summons issued under this paragraph requires the offender to appear before a magistrates' court, and

(b) the offender does not appear in answer to the summons,

the magistrates' court may issue a warrant for the arrest of the offender.

Commencement Information

I287 Sch. 16 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crown Court order: issue of summons or warrant by Crown Court E+W

9 (1) This paragraph applies where, during the supervision period of a Crown Court order, it appears on information to the Crown Court that the offender has breached any community requirement of the order. E+W

(2) The Crown Court may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) if the information is in writing and on oath, issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

(4) Where—

(a) a summons issued under this paragraph requires the offender to appear before the Crown Court, and

(b) the offender does not appear in answer to the summons,

the Crown Court may issue a warrant for the arrest of the offender.

Commencement Information

I288 Sch. 16 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender before magistrates' court: breach of community requirement E+W

10 (1) This paragraph applies where— E+W

(a) the offender is before a magistrates' court (“the present court”) in relation to a suspended sentence order by virtue of—

(i) paragraph 8 (breach of community requirement), or

(ii) section 294(5) (review), and

(b) it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(2) If the suspended sentence order was made by a magistrates' court, the present court must deal with the case under paragraph 13.

(3) If the suspended sentence order was made by the Crown Court, the present court must—

(a) deal with the case under paragraph 13, or

(b) commit the offender to custody or release the offender on bail until the offender can be brought or appear before the Crown Court.

(4) If the present court deals with the case under sub-paragraph (3)(b), it must send the Crown Court—

(a) a certificate signed by a justice of the peace certifying that the offender has breached the community requirements of the suspended sentence order in the respect specified in the certificate, and

(b) such other particulars of the case as may be desirable;

and a certificate purporting to be so signed is admissible as evidence of the breach before the Crown Court.

Commencement Information

I289 Sch. 16 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender before magistrates' court: further conviction E+W

11 (1) Where— E+W

(a) an offender is convicted of an offence committed during the operational period of a suspended sentence order (and the suspended sentence has not already taken effect),

(b) the suspended sentence order was made by a magistrates' court, and

(c) the offender is before a magistrates' court (“the present court”), whether on conviction of that other offence or subsequently,

the present court must deal with the case under paragraph 13.

(2) Where an offender is convicted by a magistrates' court of any offence (“the new offence”) which the court is satisfied was committed during the operational period of a suspended sentence order made by the Crown Court, the court—

(a) may commit the offender in custody or on bail to the Crown Court, and

(b) if it does not, must give written notice of the conviction to the appropriate officer of the Crown Court.

(3) Sub-paragraph (1) does not apply to the present court if it commits the offender to the Crown Court under section 20 (which confers power for magistrates' court to commit to Crown Court in certain circumstances in respect of the suspended sentence where it commits in respect of new offence) to be dealt with in respect of the suspended sentence order.

(4) Where a magistrates' court commits a person to the Crown Court under sub-paragraph (2)(a), any duty or power which, apart from this sub-paragraph, would fall to be discharged or exercised by the magistrates' court—

(a) is not to be discharged or exercised by that court, but

(b) is instead to be discharged or may instead by exercised by the Crown Court.

This does not apply to any duty imposed on a magistrates' court by section 25(1) or (2) of the Road Traffic Offenders Act 1988 (duties relating to information).

Commencement Information

I290 Sch. 16 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender before Crown Court: breach of community requirement or further conviction E+W

12 (1) Where— E+W

(a) an offender to whom a suspended sentence order relates is before the Crown Court, and

(b) sub-paragraph (2) or (3) applies,

the court must deal with the case under paragraph 13.

(2) This sub-paragraph applies where—

(a) the offender is before the Crown Court in relation to the order by virtue of—

(i) paragraph 9 (summons or warrant for breach of community requirement),

(ii) section 294(5) (review of order), or

(iii) paragraph 10(3)(b) (committal from magistrates' court), and

(b) it is proved to the satisfaction of the court that the offender has breached a community requirement of the order without reasonable excuse.

(3) This sub-paragraph applies where the offender—

(a) has been convicted of an offence committed during the operational period of the suspended sentence order, and

(b) the suspended sentence has not taken effect.

(4) In proceedings before the Crown Court under this paragraph—

(a) any question whether the offender has breached a community requirement of the suspended sentence order, and

(b) any question whether the offender has been convicted during the operational period of the suspended sentence,

is to be determined by the court and not by the verdict of a jury.

Commencement Information

I291 Sch. 16 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of court to deal with offender on breach of requirement or subsequent conviction E+W

13 (1) Where a court deals with a case under this paragraph, the court must deal with the offender in one of the following ways— E+W

(a) the court may order that the suspended sentence is to take effect with its original term unaltered;

(b) the court may order that the suspended sentence is to take effect with the substitution for the original term of a lesser term;

(c) the court may order the offender to pay a fine of an amount not exceeding £2,500;

(d) in the case of a suspended sentence order that imposes one or more community requirements, the court may amend the order by doing any one or more of the following—

(i) imposing more onerous community requirements which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order,

(ii) subject to section 288(4), extending the supervision period, or

(iii) subject to section 288(2), extending the operational period;

(e) in the case of a suspended sentence order that does not impose any community requirement, the court may, subject to section 288(2), amend the order by extending the operational period.

(2) The criminal courts charge duty (see section 46) applies where—

(a) a magistrates' court deals with an offender under this paragraph by virtue of paragraph 10 (breach of community requirement), or

(b) the Crown Court deals with an offender under this paragraph by virtue of paragraph 12(2) (breach of community requirement).

(3) Where a court deals with an offender under sub-paragraph (1) in respect of a suspended sentence, the appropriate officer of the court must notify the appropriate officer of the court which passed the sentence of the method adopted.

Commencement Information

I292 Sch. 16 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of power in paragraph 13: duty to make activation order where not unjust E+W

14 (1) Where the court deals with the case under paragraph 13, it must make an order under paragraph 13(1)(a) or (b) (“an activation order”) unless it is of the opinion that it would be unjust to do so in view of all the circumstances, including the matters mentioned in sub-paragraph (2). E+W

Where it is of that opinion the court must state its reasons.

(2) The matters referred to in sub-paragraph (1) are—

(a) the extent to which the offender has complied with any community requirements of the suspended sentence order, and

(b) in a case falling within paragraph 11 or 12(3) (conviction of further offence during operational period), the facts of the subsequent offence.

Commencement Information

I293 Sch. 16 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Activation orders: further provision E+W

15 (1) This paragraph applies where a court makes an activation order relating to a suspended sentence. E+W

(2) The activation order may provide for—

(a) the sentence to take effect immediately, or

(b) the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.

This is subject to section 225 (restriction on consecutive sentences for released prisoners).

(3) For the purpose of any enactment conferring rights of appeal in criminal cases, each of the following orders is to be treated as a sentence passed on the offender by the court for the offence for which the suspended sentence was passed—

(a) the activation order;

(b) any order made by the court under section 46 (criminal courts charge duty) when making the activation order.

(4) In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)).

Commencement Information

I294 Sch. 16 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power under paragraph 13 to fine or amend community requirements: further provision E+W

16 (1) A fine imposed under paragraph 13(1)(c) is to be treated for the purposes of any enactment as being a sum adjudged to be paid by a conviction. E+W

(2) Paragraph 13(1)(d)(i) (power to impose more onerous requirements) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.

Commencement Information

I295 Sch. 16 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Treatment requirement: reasonable refusal to undergo certain treatment E+W

17 (1) Sub-paragraph (2) applies where the offender— E+W

(a) is required by a treatment requirement of a suspended sentence order to submit to treatment, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 10(1)(b) or 12(2)(b) as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the refusal was reasonable having regard to all the circumstances.

(3) In this paragraph, “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug rehabilitation requirement, or

(c) an alcohol treatment requirement.

Commencement Information

I296 Sch. 16 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Duty of court in Scotland or Northern Ireland when informed of suspended sentence U.K.

18 U.K. Where—

(a) an offender is convicted in Scotland or Northern Ireland of an offence, and

(b) the court is informed that the offence was committed during the operational period of a suspended sentence passed in England or Wales,

the court must give written notice of the conviction to the appropriate officer of the court by which the suspended sentence was passed.

Commencement Information

I297 Sch. 16 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of summons or warrant where court convicting of further offence does not deal with suspended sentence E+W

19 (1) This paragraph applies where it appears to the Crown Court that an offender— E+W

(a) has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence order passed by the Crown Court, and

(b) has not been dealt with in respect of the suspended sentence.

(2) The Crown Court may issue—

(a) a summons requiring the offender to appear at the place and time specified in it, or

(b) a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the Crown Court.

Commencement Information

I298 Sch. 16 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 (1) This paragraph applies where it appears to a justice of the peace that an offender— E+W

(a) has been convicted in the United Kingdom of an offence committed during the operational period of a suspended sentence passed by a magistrates' court acting in the same local justice area as the justice, and

(b) has not been dealt with in respect of the suspended sentence.

(2) The justice may issue—

(a) a summons requiring the offender to appear at the place and time specified in it, or

(b) a warrant for the offender's arrest.

This is subject to sub-paragraphs (3) and (4).

(3) Unless acting in consequence of a notice under paragraph 18 (conviction in Scotland or Northern Ireland), a justice—

(a) may not issue a summons under this paragraph except on information, and

(b) may not issue a warrant under this paragraph except on information in writing and on oath.

(4) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court by which the suspended sentence was passed.

Commencement Information

I299 Sch. 16 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Amendment of order

Application of Part E+W

21 E+W This Part of this Schedule applies during the supervision period of a suspended sentence order that imposes one or more community requirements.

Commencement Information

I300 Sch. 16 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Cancellation of community requirements of suspended sentence order E+W

22 (1) This paragraph applies where an application is made to the appropriate court by— E+W

(a) the offender, or

(b) an officer of a provider of probation services,

for the community requirements of the suspended sentence order to be cancelled.

(2) If it appears to the court to be in the interests of justice to do so, having regard to circumstances which have arisen since the order was made, the court may cancel the community requirements of the suspended sentence order.

(3) The circumstances in which community requirements of the order may be cancelled under sub-paragraph (2) include the offender's—

(a) making good progress, or

(b) responding satisfactorily to supervision.

(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending.

Commencement Information

I301 Sch. 16 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment because of change of residence E+W

23 (1) This paragraph applies where— E+W

(a) the offender is given permission under section 302 to change residence, and

(b) the local justice area in which the new residence is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) If the permission is given by a court, the court must amend the suspended sentence order to specify the new local justice area as the offender's home local justice area.

Commencement Information

I302 Sch. 16 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) This paragraph applies where— E+W

(a) a court amends the suspended sentence order,

(b) the order as amended includes a residence requirement requiring the offender to reside at a specified place, and

(c) the local justice area in which that place is situated (“the new local justice area”) is different from the offender's home local justice area.

(2) The court must amend the order to specify the new local justice area.

Commencement Information

I303 Sch. 16 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of community requirements of suspended sentence order E+W

25 (1) The appropriate court may, on the application of the offender or an officer of a provider of probation services, amend any community requirement of the suspended sentence order— E+W

(a) by cancelling the requirement, or

(b) by replacing it with a requirement of the same kind, which the court could include if the offender had just been convicted by or before it of the offence in respect of which the order was made and it were then making the order.

(2) For the purposes of sub-paragraph (1)—

(a) a requirement falling within any entry in the table in section 287 is of the same kind as any other requirement falling within that entry, and

(b) an electronic compliance monitoring requirement is a requirement of the same kind as any requirement within that table to which it relates.

(3) Sub-paragraph (1)(b) is subject to any provision that applies to the court in making a suspended sentence order as if the court were making the order.

(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending, other than an application which—

(a) relates to a treatment requirement, and

(b) is made by an officer of a provider of probation services with the offender's consent.

(5) Before exercising its powers under this paragraph, the court must summon the offender to appear before the court, unless—

(a) the application was made by the offender, or

(b) the order would cancel a community requirement of the suspended sentence order.

(6) If the offender fails to appear in answer to a summons under sub-paragraph (5) the court may issue a warrant for the offender's arrest.

(7) If the offender fails to express willingness to comply with a treatment requirement as proposed to be amended under this paragraph, the court may—

(a) revoke—

(i) the suspended sentence order, and

(ii) the suspended sentence to which it relates, and

(b) re-sentence the offender for the offence in respect of which the suspended sentence was imposed.

(8) In dealing with the offender under sub-paragraph (7)(b), the court must take into account the extent to which the offender has complied with the requirements of the order.

(9) In this paragraph “treatment requirement” means—

(a) a mental health treatment requirement,

(b) a drug rehabilitation requirement, or

(c) an alcohol treatment requirement.

Commencement Information

I304 Sch. 16 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of treatment requirement on report of practitioner E+W

26 (1) This paragraph applies where the suspended sentence order contains a treatment requirement under which the offender is being treated and the treatment practitioner— E+W

(a) is of the opinion that—

(i) the treatment of the offender should be continued beyond the period specified in that behalf in the order,

(ii) the offender needs different treatment,

(iii) the offender is not susceptible to treatment, or

(iv) the offender does not require further treatment, or

(b) is for any reason unwilling to continue to treat or direct the treatment of the offender.

(2) The treatment practitioner must make a report in writing to that effect to the responsible officer.

(3) The responsible officer must cause an application to be made under paragraph 25 to the appropriate court for the requirement to be replaced or cancelled.

(4) For the purposes of this paragraph—

(a) “treatment requirement” means—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement;

(b) the treatment practitioner is—

(i) the person specified in the order as the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement, or

(ii) in the case of a mental health treatment requirement, if no such person is specified, the person by whom, or under whose direction, the offender is being treated in pursuance of the requirement.

Commencement Information

I305 Sch. 16 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extension of unpaid work requirement E+W

27 (1) This paragraph applies where the suspended sentence order imposes an unpaid work requirement. E+W

(2) The appropriate court may, in relation to the order, extend the period of 12 months specified in paragraph 1(1) of Schedule 9.

(3) The power in sub-paragraph (2) is exercisable only where—

(a) an application is made by—

(i) the offender, or

(ii) an officer of a provider of probation services, and

(b) it appears to the appropriate court that it would be in the interests of justice to exercise it in the way proposed having regard to circumstances which have arisen since the order was made.

(4) No application may be made under this paragraph while an appeal against the suspended sentence is pending.

Commencement Information

I306 Sch. 16 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Supplementary

Provision of copies of orders etc E+W

28 (1) This paragraph applies on the making by a court of an order under this Schedule amending or revoking a suspended sentence order. E+W

(2) The court must provide copies of the amending or revoking order to—

(a) the offender, and

(b) the responsible officer.

(3) In the case of an amending order which substitutes a new local justice area as the offender's home local justice area, the court must also provide a copy of the amending order to—

(a) a provider of probation services that is a public sector provider operating in that area, and

(b) the magistrates' court acting in that area.

(4) In the case of an amending order which imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the amending order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(5) Where the court acts in a local justice area other than the offender's home local justice area specified in the order prior to the amendment or revocation (“the former home area”), the court must provide a copy of the amending or revoking order to a magistrates' court acting in the former home area.

(6) Where under sub-paragraph (3) the court provides a copy of an amending or revoking order to a magistrates' court acting in a different area, it must also provide that court with such documents and information relating to the case as it considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

(7) In this paragraph “public sector provider” means—

(a) a probation trust or other public body, or

(b) the Secretary of State.

Commencement Information

I307 Sch. 16 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 304

SCHEDULE 17 U.K. Transfer of suspended sentence orders to Scotland or Northern Ireland

Modifications etc. (not altering text)

C47 Sch. 17 applied (with modifications) by 2006 c. 52, ss. 200, 204 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 paras. 19, 22 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 1 U.K. Scotland

Restriction on making relevant suspended sentence order where offender resides in Scotland U.K.

1 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Scotland, or

(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2) The court may make a relevant suspended sentence order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland, and

(b) the order will satisfy paragraphs 8 and 9.

(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Modifications etc. (not altering text)

C48 Sch. 17 para. 1 modified by 2006 c. 52, s. 200(1)(e)(i) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I308 Sch. 17 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of relevant suspended sentence order to become SSSO U.K.

2 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is in force,

(b) the appropriate court is satisfied that the offender—

(i) resides in Scotland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the local council in Scotland.

(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Scotland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

Commencement Information

I309 Sch. 17 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 2. U.K.

(2) If the court amends a relevant suspended sentence order in accordance with paragraph 2, it may not provide for it to be subject to review.

Commencement Information

I310 Sch. 17 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 U.K. Northern Ireland

Restriction on making suspended sentence order where offender resides in Northern Ireland U.K.

4 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is available to a court dealing with an offender, and

(b) the court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) if a relevant suspended sentence order is made, will reside there when the order comes into force.

(2) The court may make a relevant suspended sentence order only if—

(a) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland, and

(b) the order will satisfy paragraphs 8 and 9.

(3) If the court makes a relevant suspended sentence order in accordance with this paragraph, it may not provide for it to be subject to review.

Modifications etc. (not altering text)

C49 Sch. 17 para. 4 modified by 2006 c. 52, s. 200(1)(e)(ii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I311 Sch. 17 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendment of relevant suspended sentence order to become an NISSO U.K.

5 (1) This paragraph applies where— U.K.

(a) a relevant suspended sentence order is in force,

(b) the appropriate court is satisfied that the offender—

(i) resides in Northern Ireland, or

(ii) proposes to reside there, and

(c) it appears to the court that suitable arrangements for the offender's supervision can be made by the Probation Board for Northern Ireland.

(2) The power of the appropriate court to amend the order under Part 3 of Schedule 16 (“the amendment power”) includes power to amend the order by requiring—

(a) the order to be complied with in Northern Ireland, and

(b) the offender to be supervised in accordance with the arrangements referred to in sub-paragraph (1)(c).

(3) But the appropriate court may exercise the amendment power in that way only if the order (as amended) will satisfy paragraphs 8 and 9.

Commencement Information

I312 Sch. 17 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 (1) A relevant suspended sentence order which is subject to review ceases to be subject to review if it is amended in accordance with paragraph 5. U.K.

(2) If the court amends a relevant suspended sentence order in accordance with paragraph 5, it may not provide for it to be subject to review.

Commencement Information

I313 Sch. 17 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 U.K. Making of orders

Modifications etc. (not altering text)

C50 Sch. 17 Pt. 3 modified by 2006 c. 52, s. 200(1)(e)(iii) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Making or amending a suspended sentence order under U.K.

7 U.K. This Part of this Schedule applies where, in accordance with Part 1 or 2 of this Schedule, a court—

(a) makes an SSSO or an NISSO, or

(b) amends a suspended sentence order so as to become an SSSO or an NISSO.

Commencement Information

I314 Sch. 17 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements: availability and restrictions on imposition U.K.

8 (1) If the order is an SSSO, it must not impose— U.K.

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

(2) If the order is an NISSO—

(a) it must not impose an alcohol abstinence and monitoring requirement;

(b) it must not impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

Commencement Information

I315 Sch. 17 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 (1) The order, as made or amended, may not impose a locally based requirement unless it appears to the court that— U.K.

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(2) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) in relation to an NISSO, an attendance centre requirement;

(h) an electronic compliance monitoring requirement.

Commencement Information

I316 Sch. 17 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 U.K. Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO or proposed SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO or proposed NISSO—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO or proposed NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I317 Sch. 17 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Matters to be specified in the order U.K.

11 (1) The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must— U.K.

(a) if it is an SSSO, specify the local authority area in Scotland in which the offender resides or will be residing at the relevant time, or

(b) if it is an NISSO, specify that the offender resides in Northern Ireland or will be residing there at the relevant time.

(2) This paragraph has effect in place of section 296 (offender's home local justice area to be specified).

Commencement Information

I318 Sch. 17 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Order to require home authority to appoint relevant officer U.K.

12 U.K. The suspended sentence order, as made or amended in accordance with Part 1 or 2 of this Schedule, must require the home authority to appoint or assign—

(a) an officer, in the case of an SSSO, or

(b) a probation officer, in the case of an NISSO,

who will be responsible for discharging in relation to the offender the functions conferred on responsible officers in relation to relevant suspended sentence orders by this Code.

Commencement Information

I319 Sch. 17 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

13 (1) This paragraph applies where a court makes an order (“the transferring order”) which makes or amends a suspended sentence order as mentioned in paragraph 7. U.K.

(2) The court must forthwith provide the offender with a copy of the transferring order.

(3) The court must provide—

(a) the home authority, and

(b) the home court,

with the relevant documents.

(4) In sub-paragraph (3), “the relevant documents” means—

(a) a copy of the suspended sentence order as made or amended, and

(b) such other documents and information relating to the case as the court considers likely to be of assistance.

(5) Where the transferring order imposes or amends a requirement specified in column 1 of the following table, the court must also provide the person specified in the corresponding entry in column 2 with a copy of so much of the transferring order as relates to that requirement.

The requirement	The person to whom a copy must be provided
An exclusion requirement imposed for the purpose (or partly for the purpose) of protecting a person from being approached by the offender	The person intended to be protected
A residence requirement relating to residence in an institution	The person in charge of the institution
A mental health treatment requirement	The person specified under paragraph 16(3)(b)(iii) of Schedule 9 or the person in charge of the institution or place specified under paragraph 16(3)(b)(i) or (ii) of that Schedule
A drug rehabilitation requirement	The person in charge of the institution or place specified under paragraph 19(5)(b) or (c) of Schedule 9
An alcohol treatment requirement	The person in charge of the institution or place specified under paragraph 23(5)(c) or (d) of Schedule 9 or, in the case of practitioner-based treatment, the person specified under paragraph 23(5)(a) of that Schedule
An electronic monitoring requirement	Any person who by virtue of paragraph 31(1) of Schedule 9 will be responsible for the electronic monitoring
	Any person without whose consent the requirement could not be included in the order.

(6) Sub-paragraphs (7) and (8) apply where the transferring order is an order amending a suspended sentence order in accordance with paragraph 2 or 5.

(7) The court must provide a copy of the transferring order to the responsible officer.

(8) Where the court making the transferring order acts in a local justice area other than the offender's home local justice area specified in the suspended sentence order prior to the amendment (“the former home area”), the court must provide a copy of the transferring order to a magistrates' court acting in the former home area.

(9) This paragraph applies in place of—

(a) section 298 (provision of copies of suspended sentence orders), and

(b) paragraph 28 of Schedule 16 (provision of copies following amendment of suspended sentence order).

Commencement Information

I320 Sch. 17 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 U.K. Provisions where SSSO or NISSO is in force

Application U.K.

14 (1) This Part of this Schedule applies while an SSSO or NISSO is in force in relation to an offender. U.K.

(2) This is subject to Part 8 of this Schedule (transfer to England and Wales).

Commencement Information

I321 Sch. 17 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Role of responsible officer to be carried out by relevant officer U.K.

15 U.K. Sections 300 to 302 (role of responsible officer) apply as if any reference to the responsible officer were to the relevant officer.

Commencement Information

I322 Sch. 17 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community requirements U.K.

16 U.K. Schedule 9 (requirements) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) the following provisions were omitted—

(i) paragraph 13(3) (residence requirement: hostel or institution not to be specified except on recommendation);

(ii) paragraph 31(2) (person for electronic monitoring to be of prescribed description);

(iii) paragraphs 34 and 35 (restriction on imposing electronic monitoring requirement);

(c) in paragraph 16(2) (mental health treatment requirement), for the definition of “in-patient treatment” there were substituted—

(i) in relation to an SSSO—

““in-patient treatment” means treatment as a resident patient in a hospital within the meaning of the Mental Health (Care and Treatment) (Scotland) Act 2003, not being a State hospital within the meaning of that Act;”;

(ii) in relation to an NISSO—

““in-patient treatment” means treatment (whether as an in-patient or an out-patient) at such hospital as may be specified in the order, being a hospital within the meaning of the Health and Personal Social Services (Northern Ireland) Order 1972, approved by the Department of Health for the purpose of paragraph 4(3) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24));”;

(d) in relation to an NISSO, any reference in Part 13 (attendance centre requirement) to an attendance centre were to a day centre, as defined by paragraph 3(6) of Schedule 1 to the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).

Commencement Information

I323 Sch. 17 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 U.K. Breach of community requirement

Application U.K.

17 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 2 of Schedule 16 (breach of community requirement or conviction of further offence).

Commencement Information

I324 Sch. 17 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of community requirement: duty to give warning or refer to home court U.K.

18 (1) This paragraph applies where the relevant officer is of the opinion that the offender has without reasonable excuse breached a community requirement of the order. U.K.

(2) If the offender has been given a relevant warning within the previous 12 months in relation to a breach of any community requirement of the order, the officer must—

(a) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(b) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(3) Otherwise the officer must—

(a) give the offender a warning under this paragraph,

(b) if the order is an SSSO, provide information to the home court with a view to it issuing a citation, or

(c) if the order is an NISSO, make a complaint to a lay magistrate in Northern Ireland.

(4) A warning under this paragraph must—

(a) describe the circumstances of the breach,

(b) state that the breach is unacceptable, and

(c) inform the offender that if the offender again breaches a requirement of the order within the next 12 months, the offender will be liable to be brought before a court.

(5) As soon as practicable after giving a warning under this paragraph, the relevant officer must record that fact.

(6) For the purposes of sub-paragraph (2), a relevant warning is a warning under—

(a) this paragraph, or

(b) paragraph 6 of Schedule 16 (corresponding provision for order not transferred to Scotland or Northern Ireland).

(7) If the suspended sentence order is amended under paragraph 35 (transfer back to England and Wales), the reference in paragraph 6(2) of Schedule 16 to a previous warning under paragraph 6 of that Schedule includes a reference to a warning under this paragraph.

Commencement Information

I325 Sch. 17 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Issue of citation or warrant by home court U.K.

19 (1) Sub-paragraph (2) applies where it appears to the home court— U.K.

(a) if that court is in Scotland, on information from the relevant officer, or

(b) if that court is in Northern Ireland, upon a complaint being made by the relevant officer,

that the offender has breached a community requirement of the suspended sentence order without reasonable excuse.

(2) The home court may—

(a) if it is in Scotland—

(i) issue a citation requiring the offender to appear before it at the time specified in the citation, or

(ii) issue a warrant for the offender's arrest;

(b) if it is in Northern Ireland—

(i) issue a summons requiring the offender to appear before it at the time specified in the summons, or

(ii) issue a warrant for the offender' arrest.

Commencement Information

I326 Sch. 17 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of home court to determine breach or refer to original court U.K.

20 (1) The court before which an offender appears or is brought by virtue of paragraph 19 must— U.K.

(a) determine whether the offender has breached any community requirement of the suspended sentence order without reasonable excuse, or

(b) require the offender to appear before the original court.

(2) Sub-paragraphs (3) to (6) apply if the home court determines under sub-paragraph (1)(a) that the offender has breached any requirement of the order without reasonable excuse.

(3) The court must—

(a) require the offender to appear before the original court, and

(b) send the original court a certificate certifying that the offender has without reasonable excuse breached the requirements of the order in the respect specified.

(4) Sub-paragraph (5) applies when the offender appears before the original court by virtue of sub-paragraph (3).

(5) Paragraph 10 or, as the case may be, 12 of Schedule 16 (functions of court on breach of community requirement) applies as if what the home court had determined under sub-paragraph (1)(a) had already been proved to the satisfaction of the original court.

(6) Where an offender is required under sub-paragraph (3)(a) to appear before the original court, a certificate under sub-paragraph (3)(b) signed by the clerk of the home court is admissible before the original court as conclusive evidence of the matters stated in it.

(7) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power by virtue of sub-paragraph (1)(b) or (3)(a).

Commencement Information

I327 Sch. 17 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determination by home court of breach of community requirement: further provision U.K.

21 (1) Sub-paragraph (2) applies where an offender— U.K.

(a) is required by any of the following community requirements of a suspended sentence order to submit to treatment—

(i) a mental health treatment requirement,

(ii) a drug rehabilitation requirement, or

(iii) an alcohol treatment requirement, and

(b) has refused to undergo any surgical, electrical or other treatment.

(2) The offender is not to be treated for the purposes of paragraph 20 as having breached that requirement on the ground only of that refusal if, in the opinion of the court, the offender's refusal was reasonable having regard to all the circumstances.

(3) Where the court makes a determination under paragraph 20(1)(a), the evidence of one witness is sufficient.

(4) If the order—

(a) is an SSSO, and

(b) contains an electronic monitoring requirement,

section 245H of the Criminal Procedure (Scotland) Act 1995 (documentary evidence) applies to proceedings under paragraph 20 as it applies to proceedings under section 245F of that Act (breach of restriction of liberty order).

Commencement Information

I328 Sch. 17 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 U.K. Paragraphs 18 to 21 have effect in place of paragraphs 6 and 7 of Schedule 16 (breach or amendment of suspended sentence order).

Commencement Information

I329 Sch. 17 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 2 of Schedule 16 etc U.K.

23 (1) Part 2 of Schedule 16 (breach of community requirement and effect of further conviction), apart from paragraphs 6 and 7, applies as if— U.K.

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference to a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) for sub-paragraphs (i) and (ii) of paragraph 8(3)(b) there were substituted “ the same local justice area as the original court ”.

(2) No court in England and Wales may exercise any power in relation to any breach by the offender of a community requirement of the order unless the offender has been required to appear before that court in accordance with paragraph 20(1)(b) or (3)(a).

Commencement Information

I330 Sch. 17 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 U.K. Amendment of SSSO or NISSO: offender remaining in Scotland or Northern Ireland

Application U.K.

24 U.K. This Part of this Schedule—

(a) applies where an SSSO or an NISSO is in force in respect of an offender, and

(b) includes provisions that modify, or apply in place of, certain provisions of Part 3 of Schedule 16 (amendment of suspended sentence order).

Commencement Information

I331 Sch. 17 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modifications of Part 3 of Schedule 16 U.K.

25 U.K. Part 3 of Schedule 16 (amendment of suspended sentence order) applies as if—

(a) any reference to the responsible officer were to the relevant officer;

(b) any reference a magistrates' court acting in the offender's home local justice area were to a magistrates' court acting in the same local justice area as the original court;

(c) any reference to a justice of the peace acting in the offender's home local justice area were to a justice of the peace acting in the same local justice area as the original court;

(d) any reference to the appropriate court were to the original court;

(e) in the case of an SSSO, in paragraphs 23 and 24 of that Schedule (amendment by reason of change of residence), any reference to the offender's home local justice area were to the local authority area specified in the order, and any other reference to a local justice area were to a local authority area;

(f) in the case of an NISSO, those paragraphs were omitted.

Commencement Information

I332 Sch. 17 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers to amend suspended sentence order exercisable by home court U.K.

26 (1) The home court may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) as if it were the original court. U.K.

This is subject to sub-paragraph (2).

(2) Where paragraph 25(7) of Schedule 16 (power to deal with offender who fails to express willingness to comply with amended treatment requirement) applies, the home court—

(a) may not exercise the power conferred by that provision, and

(b) must require the offender to appear before the original court.

(3) See paragraph 27 and Part 7 of this Schedule for provisions that apply to the home court where it exercises a power by virtue of sub-paragraph (1).

Commencement Information

I333 Sch. 17 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Cases in which offender is to be required to appear before home court U.K.

27 (1) This paragraph applies in place of sub-paragraphs (5) and (6) of paragraph 25 of Schedule 16 (amendment of community requirements of suspended sentence order) in relation to any exercise by the home court of the power conferred by sub-paragraph (1) of that paragraph. U.K.

(2) Before exercising the power, the home court must issue—

(a) a citation, if it is Scotland, or

(b) a summons, if it is in Northern Ireland,

requiring the offender to appear before it.

(3) If the offender does not appear in answer to a citation or summons under sub-paragraph (2), the court may issue a warrant for the offender's arrest.

(4) Sub-paragraph (2) does not apply where the home court exercises the power—

(a) on the application of the offender, or

(b) to cancel a community requirement of the suspended sentence order.

Commencement Information

I334 Sch. 17 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modification of sections 300 to 302 and Schedule 9 U.K.

28 (1) This paragraph applies where the home court is considering amending an SSSO or an NISSO under Part 3 of Schedule 16 by virtue of this Part of this Schedule. U.K.

(2) Sections 300 to 302 (functions of responsible officer) and Schedule 9 (requirements) apply as if any reference to a provider of probation services were—

(a) in the case of an SSSO, to a local authority in Scotland;

(b) in the case of an NISSO, to the Probation Board for Northern Ireland.

Commencement Information

I335 Sch. 17 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power for home court to refer application to original court U.K.

29 (1) This paragraph applies where an application is made to the home court under Part 3 of Schedule 16 by virtue of paragraph 26 of this Schedule (powers to amend order exercisable by home court). U.K.

(2) The home court may (instead of dealing with the application) require the offender to appear before the original court.

Commencement Information

I336 Sch. 17 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers exercisable by court in England and Wales only after home court consideration U.K.

30 (1) No court in England and Wales may exercise any power conferred by Part 3 of Schedule 16 (amendment of suspended sentence order) unless the offender has been required to appear before that court in accordance with— U.K.

(a) paragraph 26(2)(b) of this Schedule (refusal of offender to express willingness to comply with amended treatment requirement), or

(b) paragraph 29(2) of this Schedule (power of home court to refer application to original court).

(2) See Part 7 of this Schedule for provisions that apply to the original court where it exercises a power in the circumstances mentioned in sub-paragraph (1)(a) or (b).

Commencement Information

I337 Sch. 17 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 U.K. Exercise of powers to amend SSSO or NISSO by virtue of Part 5 or 6 of this Schedule

Application U.K.

31 U.K. This Part of this Schedule applies where—

(a) a court in England and Wales exercises a power by virtue of paragraph 20(1)(b) or (3)(a) to amend an SSSO or a NISSO,

(b) the home court exercises a power in Part 3 of Schedule 16 to amend an SSSO or an NISSO by virtue of paragraph 26 of this Schedule, or

(c) a court in England and Wales exercises such a power in the circumstances mentioned in paragraph 30(1)(a) or (b) of this Schedule.

Commencement Information

I338 Sch. 17 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on exercise of powers to amend order U.K.

32 (1) The court must not amend the order to impose a requirement unless it appears to the court, in relation to the requirement, that suitable arrangements for the offender's supervision can be made by— U.K.

(a) the local council in Scotland, if the order is an SSSO, or

(b) the Probation Board for Northern Ireland, if the order is an NISSO.

(2) If the order is an SSSO, the court must not impose—

(a) an alcohol abstinence and monitoring requirement,

(b) an attendance centre requirement, or

(c) an electronic whereabouts monitoring requirement.

(3) If the order is an NISSO—

(a) the court must not impose an alcohol abstinence and monitoring requirement;

(b) the court must not amend the order to impose an electronic whereabouts monitoring requirement unless it appears to the court that—

(i) any necessary provision can be made in the offender's case under arrangements that exist for persons resident in Northern Ireland, and

(ii) arrangements are generally operational throughout Northern Ireland (even if not always operational everywhere there) under which the offender's whereabouts can be electronically monitored.

(4) The court must not impose a locally based requirement unless it appears to the court that—

(a) arrangements exist for persons to comply with such a requirement in—

(i) the locality in Scotland in which the offender resides, or will be residing at the relevant time, in the case of an SSSO, or

(ii) Northern Ireland, in the case of an NISSO, and

(b) provision can be made for the offender to comply with the requirement under those arrangements.

(5) For the purposes of this paragraph, “locally based requirement” means any of the following—

(a) an unpaid work requirement;

(b) a rehabilitation activity requirement;

(c) a programme requirement;

(d) a mental health treatment requirement;

(e) a drug rehabilitation requirement;

(f) an alcohol treatment requirement;

(g) in relation to an NISSO, an attendance centre requirement;

(h) an electronic compliance monitoring requirement.

(6) The court may not provide for the SSSO or NISSO to be subject to review.

Commencement Information

I339 Sch. 17 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision of copies U.K.

33 (1) This paragraph applies where a court amends an SSSO or an NISSO and this Part of this Schedule applies. U.K.

(2) The court must provide copies of the amending order to—

(a) the offender, and

(b) the relevant officer.

(3) Where the order is an SSSO and the court amends it so as to substitute a new local authority area, the court must provide—

(a) the home authority, and

(b) the home court,

with a copy of the order as made or amended, and such other documents and information relating to the case as the court considers likely to be of assistance.

Commencement Information

I340 Sch. 17 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Application of provisions of Part 3 of this Schedule U.K.

34 U.K. Paragraphs 10 to 12 have effect in relation to the amendment of an SSSO or an NISSO to which this Part of this Schedule applies as they have effect in relation to the amendment of such an order in accordance with Part 1 or 2 of this Schedule.

Commencement Information

I341 Sch. 17 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 U.K. Amendment of order: return to England and Wales

Amendment of order: return to England and Wales U.K.

35 (1) This paragraph applies where— U.K.

(a) an SSSO or NISSO is in force in respect of an offender, and

(b) the home court is satisfied that the offender is residing or proposes to reside in England and Wales.

(2) The home court—

(a) may, and

(b) on the application of the relevant officer must,

amend the suspended sentence order by requiring it to be complied with in England and Wales.

Commencement Information

I342 Sch. 17 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on exercise of power under this Part of this Schedule U.K.

36 (1) This paragraph applies where the SSSO or NISSO contains requirements which, in the opinion of the home court, cannot be complied with in the local justice area in which the offender is residing or proposes to reside. U.K.

(2) The court may not exercise the power conferred by paragraph 35 to amend the order unless, in accordance with paragraph 25 of Schedule 16 it—

(a) cancels those requirements, or

(b) substitutes for those requirements other requirements which can be complied with if the offender resides in that area.

Commencement Information

I343 Sch. 17 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

37 (1) This paragraph applies where the SSSO or NISSO imposes a programme requirement. U.K.

(2) The home court may not exercise the power conferred by paragraph 35 to amend the order unless it appears to the court that the accredited programme specified in the requirement is available in the local justice area in England and Wales in which the offender is residing or proposes to reside.

Commencement Information

I344 Sch. 17 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making of order under this Part of this Schedule U.K.

38 (1) This paragraph applies where the home court exercises the power conferred by paragraph 35 to amend a relevant suspended sentence order which is an SSSO or NISSO. U.K.

(2) The relevant suspended sentence order as amended must specify the local justice area in which the offender resides or proposes to reside (“the new local justice area”).

(3) The home court must—

(a) provide copies of the amending order to—

(i) the offender,

(ii) the relevant officer, and

(iii) a provider of probation services operating in the new local justice area, and

(b) provide the magistrates' court acting in that area with—

(i) a copy of the amending order, and

(ii) such other documents and information relating to the case as the home court considers likely to be of assistance to a court acting in that area in the exercise of its functions in relation to the order.

This sub-paragraph applies in place of paragraph 28 of Schedule 16 (amendment of suspended sentence order: provision of copies).

(4) The relevant suspended sentence order ceases to be an SSSO or NISSO.

Commencement Information

I345 Sch. 17 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 9 U.K. Supplementary

Electronic monitoring and SSSO U.K.

39 U.K. Subsections (1) and (3) of section 245C of the Criminal Procedure (Scotland) Act 1995 (provision of remote monitoring) have effect as if they included a reference to the electronic monitoring of the community requirements of a suspended sentence order made or amended in accordance with paragraph 1 or 2 of this Schedule.

Commencement Information

I346 Sch. 17 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Service of citation or warrant U.K.

40 (1) Section 4 of the Summary Jurisdiction (Process) Act 1881 (which provides, among other things, for service in England and Wales of Scottish citations or warrants) applies to any citation or warrant issued under paragraph 19(2)(a) or 27(2)(a) or (3) as it applies to a citation or warrant granted under section 134 of the Criminal Procedure (Scotland) Act 1995. U.K.

(2) A summons issued by a court in Northern Ireland under paragraph 19(2)(b) or 27(2)(b) may, in such circumstances as may be prescribed by rules of court, be served in England and Wales or Scotland.

Commencement Information

I347 Sch. 17 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 10 U.K. Interpretation

41 (1) In this Schedule— U.K.

• “the appropriate court” has the same meaning as in Schedule 16 (see paragraph 1 of that Schedule);

• “breach” in relation to a community requirement, means a failure to comply with it, and related expressions are to be read accordingly;

• “the home authority”—

  (a)

  in relation to an SSSO, means the local authority for the local authority area specified in the order;

  (b)

  in relation to an NISSO, means the Probation Board for Northern Ireland;

• “home court” means—

  (a)

  in the case of an SSSO, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and

  (b)

  in the case of an NISSO, a court of summary jurisdiction in Northern Ireland;

• “local authority” means a council constituted under section 2 of the Local Government etc (Scotland) Act 1994; and any reference to the area of such an authority is a reference to the local government area within the meaning of that Act;

• “the local council in Scotland”, in relation to an SSSO, means the local authority in whose area the offender resides, or will be residing at the relevant time;

• “NISSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 2 of this Schedule (Northern Ireland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales);

• “original court”, in relation to an SSSO or an NISSO, means the court in England and Wales which made or last amended the order;

• “the relevant officer” means—

  (a)

  in relation to an SSSO, the local authority officer appointed or assigned under paragraph 12;

  (b)

  in relation to an NISSO, the probation officer appointed or assigned under paragraph 12;

• “relevant suspended sentence order” means a suspended sentence order that imposes one or more community requirements;

• “the relevant time”—

  (a)

  in relation to making, or amending a suspended sentence order so as to become, an SSSO or an NISSO, means the time when the order or the amendment comes into force;

  (b)

  in relation to the amendment of an SSSO or NISSO, means the time when the amendment comes into force;

• “SSSO” means a relevant suspended sentence order that—

  (a)

  has been made or amended under Part 1 of this Schedule (Scotland), and

  (b)

  has not ceased to be such an order under paragraph 35 (transfer to England and Wales).

(2) For the purposes of this Schedule, a relevant suspended sentence order is subject to review if—

(a) the order is subject to review in accordance with section 293(1), or

(b) the order imposes a drug rehabilitation requirement which is subject to review in accordance with paragraph 21 of Schedule 9.

Commencement Information

I348 Sch. 17 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 306

SCHEDULE 18 E+W Specified offences for purposes of section 306

PART 1 E+W Specified violent offences

Common law offences E+W

1 E+W Manslaughter.

Commencement Information

I349 Sch. 18 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Kidnapping.

Commencement Information

I350 Sch. 18 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W False imprisonment.

Commencement Information

I351 Sch. 18 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 16 (threats to kill);

(c) section 18 (wounding with intent to cause grievous bodily harm);

(d) section 20 (malicious wounding);

(e) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(f) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(g) section 23 (maliciously administering poison etc so as to endanger life or inflict grievous bodily harm);

(h) section 27 (abandoning children);

(i) section 28 (causing bodily injury by explosives);

(j) section 29 (using explosives etc with intent to do grievous bodily harm);

(k) section 30 (placing explosives with intent to do bodily injury);

(l) section 31 (setting spring guns etc with intent to do grievous bodily harm);

(m) section 32 (endangering the safety of railway passengers);

(n) section 35 (injuring persons by furious driving);

(o) section 37 (assaulting officer preserving wreck);

(p) section 38 (assault with intent to resist arrest);

(q) section 47 (assault occasioning actual bodily harm).

Commencement Information

I352 Sch. 18 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

5 E+W An offence under any of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property);

(c) section 4 (making or possession of explosive under suspicious circumstances).

Commencement Information

I353 Sch. 18 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929 E+W

6 E+W An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Commencement Information

I354 Sch. 18 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children and Young Persons Act 1933 E+W

7 E+W An offence under section 1 of the Children and Young Persons Act 1933 (cruelty to children).

Commencement Information

I355 Sch. 18 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938 E+W

8 E+W An offence under section 1 of the Infanticide Act 1938 (infanticide).

Commencement Information

I356 Sch. 18 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

9 E+W An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 16A (possession of firearm with intent to cause fear of violence);

(c) section 17(1) (use of firearm to resist arrest);

(d) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(e) section 18 (carrying a firearm with criminal intent).

Commencement Information

I357 Sch. 18 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

10 E+W An offence under any of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 9, where the offence is burglary with intent to—

(i) inflict grievous bodily harm on a person, or

(ii) do unlawful damage to a building or anything in it;

(c) section 10 (aggravated burglary);

(d) section 12A (aggravated vehicle-taking), where the offence involves an accident which caused the death of any person.

Commencement Information

I358 Sch. 18 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971 E+W

11 (1) An offence of arson under section 1 of the Criminal Damage Act 1971. E+W

(2) An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Commencement Information

I359 Sch. 18 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Taking of Hostages Act 1982 E+W

12 E+W An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Commencement Information

I360 Sch. 18 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982 E+W

13 E+W An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft);

(d) section 4 (offences in relation to certain dangerous articles).

Commencement Information

I361 Sch. 18 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mental Health Act 1983 E+W

14 E+W An offence under section 127 of the Mental Health Act 1983 (ill-treatment of patients).

Commencement Information

I362 Sch. 18 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prohibition of Female Circumcision Act 1985 E+W

15 E+W An offence under section 1 of the Prohibition of Female Circumcision Act 1985 (prohibition of female circumcision).

Commencement Information

I363 Sch. 18 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Public Order Act 1986 E+W

16 E+W An offence under any of the following provisions of the Public Order Act 1986—

(a) section 1 (riot);

(b) section 2 (violent disorder);

(c) section 3 (affray).

Commencement Information

I364 Sch. 18 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

17 E+W An offence under section 134 of the Criminal Justice Act 1988 (torture).

Commencement Information

I365 Sch. 18 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Road Traffic Act 1988 E+W

18 E+W An offence under any of the following provisions of the Road Traffic Act 1988—

(a) section 1 (causing death by dangerous driving);

(b) section 3ZC (causing death by driving: disqualified drivers);

(c) section 3A (causing death by careless driving when under influence of drink or drugs).

Commencement Information

I366 Sch. 18 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation and Maritime Security Act 1990 E+W

19 E+W An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats).

Commencement Information

I367 Sch. 18 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994 E+W

20 E+W An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S.I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Commencement Information

I368 Sch. 18 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection from Harassment Act 1997 E+W

21 E+W An offence under section 4 or 4A of the Protection from Harassment Act 1997 (putting people in fear of violence and stalking involving fear of violence or serious alarm or distress).

Commencement Information

I369 Sch. 18 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime and Disorder Act 1998 E+W

22 (1) An offence under section 29 of the Crime and Disorder Act 1998 (racially or religiously aggravated assaults). E+W

(2) An offence falling within section 31(1)(a) or (b) of that Act (racially or religiously aggravated offences under section 4 or 4A of the Public Order Act 1986).

Commencement Information

I370 Sch. 18 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

International Criminal Court Act 2001 E+W

23 E+W An offence under section 51 or 52 of the International Criminal Court Act 2001 (genocide, crimes against humanity, war crimes and related offences), other than one involving murder.

Commencement Information

I371 Sch. 18 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Female Genital Mutilation Act 2003 E+W

24 E+W An offence under any of the following provisions of the Female Genital Mutilation Act 2003—

(a) section 1 (female genital mutilation);

(b) section 2 (assisting a girl to mutilate her own genitalia);

(c) section 3 (assisting a non-UK person to mutilate overseas a girl's genitalia).

Commencement Information

I372 Sch. 18 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004 E+W

25 E+W An offence under section 5 of the Domestic Violence, Crime and Victims Act 2004 (causing or allowing a child or vulnerable adult to die or suffer serious physical harm).

Commencement Information

I373 Sch. 18 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

26 (1) An offence under section 1 of the Modern Slavery Act 2015 (slavery, servitude and forced or compulsory labour). E+W

(2) An offence under section 2 of that Act (human trafficking) which is not within Part 2 of this Schedule.

Commencement Information

I374 Sch. 18 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

27 E+W An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Part of this Schedule.

Commencement Information

I375 Sch. 18 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

28 E+W An inchoate offence in relation to murder.

Commencement Information

I376 Sch. 18 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Specified sexual offences

Sexual Offences Act 1956 E+W

29 E+W An offence under any of the following provisions of the Sexual Offences Act 1956—

(a) section 1 (rape);

(b) section 2 (procurement of woman by threats);

(c) section 3 (procurement of woman by false pretences);

(d) section 4 (administering drugs to obtain or facilitate intercourse);

(e) section 5 (intercourse with girl under 13);

(f) section 6 (intercourse with girl under 16);

(g) section 7 (intercourse with a defective);

(h) section 9 (procurement of a defective);

(i) section 10 or 11 (incest);

(j) section 14 (indecent assault on a woman);

(k) section 15 (indecent assault on a man);

(l) section 16 (assault with intent to commit buggery);

(m) section 17 (abduction of woman by force or for the sake of her property);

(n) section 19 (abduction of unmarried girl under 18 from parent or guardian);

(o) section 20 (abduction of unmarried girl under 16 from parent or guardian);

(p) section 21 (abduction of defective from parent or guardian);

(q) section 22 (causing prostitution of women);

(r) section 23 (procuration of girl under 21);

(s) section 24 (detention of woman in brothel);

(t) section 25 (permitting girl under 13 to use premises for intercourse;

(u) section 26 (permitting girl under 16 to use premises for intercourse);

(v) section 27 (permitting defective to use premises for intercourse);

(w) section 28 (causing or encouraging prostitution of, intercourse with, or indecent assault on, girl under 16);

(x) section 29 (causing or encouraging prostitution of defective);

(y) section 32 (soliciting by men);

(z) section 33A (keeping a brothel used for prostitution).

Commencement Information

I377 Sch. 18 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mental Health Act 1959 E+W

30 E+W An offence under section 128 of the Mental Health Act 1959 (sexual intercourse with patients).

Commencement Information

I378 Sch. 18 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Indecency with Children Act 1960 E+W

31 E+W An offence under section 1 of the Indecency with Children Act 1960 (indecent conduct towards young child).

Commencement Information

I379 Sch. 18 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 1967 E+W

32 E+W An offence under either of the following provisions of the Sexual Offences Act 1967—

(a) section 4 (procuring others to commit homosexual acts);

(b) section 5 (living on earnings of male prostitution).

Commencement Information

I380 Sch. 18 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

33 E+W An offence under section 9 of the Theft Act 1968 of burglary with intent to commit rape.

Commencement Information

I381 Sch. 18 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Law Act 1977 E+W

34 E+W An offence under section 54 of the Criminal Law Act 1977 (inciting girl under 16 to have incestuous sexual intercourse).

Commencement Information

I382 Sch. 18 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection of Children Act 1978 E+W

35 E+W An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children).

Commencement Information

I383 Sch. 18 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Customs and Excise Management Act 1979 E+W

36 E+W An offence under section 170 of the Customs and Excise Management Act 1979 (penalty for fraudulent evasion of duty etc) in relation to goods prohibited to be imported under section 42 of the Customs Consolidation Act 1876 (indecent or obscene articles).

Commencement Information

I384 Sch. 18 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

37 E+W An offence under section 160 of the Criminal Justice Act 1988 (possession of indecent photograph of a child).

Commencement Information

I385 Sch. 18 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 E+W

38 E+W An offence under any of the following provisions of the Sexual Offences Act 2003—

(a) section 1 (rape);

(b) section 2 (assault by penetration);

(c) section 3 (sexual assault);

(d) section 4 (causing a person to engage in sexual activity without consent);

(e) section 5 (rape of a child under 13);

(f) section 6 (assault of a child under 13 by penetration);

(g) section 7 (sexual assault of a child under 13);

(h) section 8 (causing or inciting a child under 13 to engage in sexual activity);

(i) section 9 (sexual activity with a child);

(j) section 10 (causing or inciting a child to engage in sexual activity);

(k) section 11 (engaging in sexual activity in the presence of a child);

(l) section 12 (causing a child to watch a sexual act);

(m) section 13 (child sex offences committed by children or young persons);

(n) section 14 (arranging or facilitating commission of a child sex offence);

(o) section 15 (meeting a child following sexual grooming etc);

(p) section 15A (sexual communication with a child);

(q) section 16 (abuse of position of trust: sexual activity with a child);

(r) section 17 (abuse of position of trust: causing or inciting a child to engage in sexual activity);

(s) section 18 (abuse of position of trust: sexual activity in the presence of a child);

(t) section 19 (abuse of position of trust: causing a child to watch a sexual act);

(u) section 25 (sexual activity with a child family member);

(v) section 26 (inciting a child family member to engage in sexual activity);

(w) section 30 (sexual activity with a person with a mental disorder impeding choice);

(x) section 31 (causing or inciting a person with a mental disorder impeding choice to engage in sexual activity);

(y) section 32 (engaging in sexual activity in the presence of a person with a mental disorder impeding choice);

(z) section 33 (causing a person with a mental disorder impeding choice to watch a sexual act);

(aa) section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder);

(ab) section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement, threat or deception);

(ac) section 36 (engaging in sexual activity in the presence, procured by inducement, threat or deception, of a person with a mental disorder);

(ad) section 37 (causing a person with a mental disorder to watch a sexual act by inducement, threat or deception);

(ae) section 38 (care workers: sexual activity with a person with a mental disorder);

(af) section 39 (care workers: causing or inciting sexual activity);

(ag) section 40 (care workers: sexual activity in the presence of a person with a mental disorder);

(ah) section 41 (care workers: causing a person with a mental disorder to watch a sexual act);

(ai) section 47 (paying for sexual services of a child);

(aj) section 48 (causing or inciting sexual exploitation of a child);

(ak) section 49 (controlling a child in relation to sexual exploitation);

(al) section 50 (arranging or facilitating sexual exploitation of a child);

(am) section 52 (causing or inciting prostitution for gain);

(an) section 53 (controlling prostitution for gain);

(ao) section 57 (trafficking into the UK for sexual exploitation);

(ap) section 58 (trafficking within the UK for sexual exploitation);

(aq) section 59 (trafficking out of the UK for sexual exploitation);

(ar) section 59A (trafficking for sexual exploitation);

(as) section 61 (administering a substance with intent);

(at) section 62 (committing an offence with intent to commit a sexual offence);

(au) section 63 (trespass with intent to commit a sexual offence);

(av) section 64 (sex with an adult relative: penetration);

(aw) section 65 (sex with an adult relative: consenting to penetration);

(ax) section 66 (exposure);

(ay) section 67 (voyeurism);

(az) section 69 (intercourse with an animal);

(ba) section 70 (sexual penetration of a corpse).

Commencement Information

I386 Sch. 18 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

39 E+W An offence under section 2 of the Modern Slavery Act 2015 (human trafficking) committed with a view to exploitation that consists of or includes behaviour within section 3(3) of that Act (sexual exploitation).

Commencement Information

I387 Sch. 18 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

40 E+W An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Commencement Information

I388 Sch. 18 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Specified terrorism offences

Terrorism Act 2000 E+W

41 E+W An offence under any of the following provisions of the Terrorism Act 2000—

(a) section 11 (membership of a proscribed organisation);

(b) section 12 (inviting support for a proscribed organisation);

(c) section 54 (weapons training);

(d) section 56 (directing terrorist organisation);

(e) section 57 (possession of article for terrorist purposes);

(f) section 58 (collection of information likely to be of use to a terrorist);

(g) section 58A (publishing information about members of the armed forces);

(h) section 58B (entering or remaining in a designated area);

(i) section 59 (inciting terrorism overseas).

Commencement Information

I389 Sch. 18 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001 E+W

42 E+W An offence under any of the following provisions of the Anti-terrorism, Crime and Security Act 2001—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas);

(c) section 113 (use of noxious substance or thing to cause harm or intimidate).

Commencement Information

I390 Sch. 18 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006 E+W

43 E+W An offence under any of the following provisions of the Terrorism Act 2006—

(a) section 1 (encouragement of terrorism);

(b) section 2 (dissemination of terrorist publications);

(c) section 5 (preparation of terrorist acts);

(d) section 6 (training for terrorism);

(e) section 8 (attendance at a place used for terrorist training);

(f) section 9 (making or possession of radioactive device or material);

(g) section 10 (misuse of radioactive device or material for terrorist purposes etc);

(h) section 11 (terrorist threats relating to radioactive devices etc).

Commencement Information

I391 Sch. 18 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

44 E+W An inchoate offence (see section 398) in relation to any offence specified in this Part of this Schedule.

Commencement Information

I392 Sch. 18 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 307

SCHEDULE 19 E+W Schedule 19 offences

Common law offences E+W

1 E+W Manslaughter.

Commencement Information

I393 Sch. 19 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W Kidnapping.

Commencement Information

I394 Sch. 19 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W False imprisonment.

Commencement Information

I395 Sch. 19 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences against the Person Act 1861 E+W

4 E+W An offence under any of the following provisions of the Offences against the Person Act 1861—

(a) section 4 (soliciting murder);

(b) section 18 (wounding with intent to cause grievous bodily harm);

(c) section 21 (attempting to choke, suffocate or strangle in order to commit or assist in committing an indictable offence);

(d) section 22 (using chloroform etc to commit or assist in the committing of any indictable offence);

(e) section 28 (causing bodily injury by explosives);

(f) section 29 (using explosives etc with intent to do grievous bodily harm);

(g) section 32 (endangering the safety of railway passengers).

Commencement Information

I396 Sch. 19 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Explosive Substances Act 1883 E+W

5 E+W An offence under either of the following provisions of the Explosive Substances Act 1883—

(a) section 2 (causing explosion likely to endanger life or property);

(b) section 3 (attempt to cause explosion, or making or keeping explosive with intent to endanger life or property).

Commencement Information

I397 Sch. 19 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W An offence under section 4 of that Act (making or possession of explosive under suspicious circumstances) committed on or after 13 April 2015.

Commencement Information

I398 Sch. 19 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infant Life (Preservation) Act 1929 E+W

7 E+W An offence under section 1 of the Infant Life (Preservation) Act 1929 (child destruction).

Commencement Information

I399 Sch. 19 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Infanticide Act 1938 E+W

8 E+W An offence under section 1 of the Infanticide Act 1938 (infanticide).

Commencement Information

I400 Sch. 19 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 E+W

9 E+W An offence under any of the following provisions of the Firearms Act 1968—

(a) section 16 (possession of firearm with intent to endanger life);

(b) section 17(1) (use of firearm to resist arrest);

(c) section 17(2) (possession of firearm at time of committing or being arrested for offence specified in Schedule 1 to that Act);

(d) section 18 (carrying a firearm with criminal intent).

Commencement Information

I401 Sch. 19 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Theft Act 1968 E+W

10 E+W An offence under either of the following provisions of the Theft Act 1968—

(a) section 8 (robbery or assault with intent to rob);

(b) section 10 (aggravated burglary).

Commencement Information

I402 Sch. 19 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Damage Act 1971 E+W

11 E+W An offence of arson under section 1 of the Criminal Damage Act 1971.

Commencement Information

I403 Sch. 19 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W An offence under section 1(2) of that Act (destroying or damaging property) other than an offence of arson.

Commencement Information

I404 Sch. 19 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Taking of Hostages Act 1982 E+W

13 E+W An offence under section 1 of the Taking of Hostages Act 1982 (hostage-taking).

Commencement Information

I405 Sch. 19 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation Security Act 1982 E+W

14 E+W An offence under any of the following provisions of the Aviation Security Act 1982—

(a) section 1 (hijacking);

(b) section 2 (destroying, damaging or endangering safety of aircraft);

(c) section 3 (other acts endangering or likely to endanger safety of aircraft).

Commencement Information

I406 Sch. 19 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 E+W

15 E+W An offence under section 134 of the Criminal Justice Act 1988 (torture).

Commencement Information

I407 Sch. 19 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aviation and Maritime Security Act 1990 E+W

16 E+W An offence under any of the following provisions of the Aviation and Maritime Security Act 1990—

(a) section 1 (endangering safety at aerodromes);

(b) section 9 (hijacking of ships);

(c) section 10 (seizing or exercising control of fixed platforms);

(d) section 11 (destroying fixed platforms or endangering their safety);

(e) section 12 (other acts endangering or likely to endanger safe navigation);

(f) section 13 (offences involving threats).

Commencement Information

I408 Sch. 19 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Channel Tunnel (Security) Order 1994 E+W

17 E+W An offence under Part 2 of the Channel Tunnel (Security) Order 1994 (S. I. 1994/570) (offences relating to Channel Tunnel trains and the tunnel system).

Commencement Information

I409 Sch. 19 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000 E+W

18 E+W An offence under any of the provisions of the Terrorism Act 2000 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2000	Condition
(a) Section 54 (weapons training)	The offence was committed on or after 13 April 2015
(b) Section 56 (directing terrorist organisation)	The offence was committed on or after 12 January 2010.
(c) Section 59 (inciting terrorism overseas)	The offence was committed on or after 12 January 2010 and the offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I410 Sch. 19 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001 E+W

19 E+W An offence under either of the following provisions of the Anti-terrorism, Crime and Security Act 2001 committed on or after 12 January 2010—

(a) section 47 (use etc of nuclear weapons);

(b) section 50 (assisting or inducing certain weapons-related acts overseas).

Commencement Information

I411 Sch. 19 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 E+W

20 E+W An offence under any of the provisions of the Sexual Offences Act 2003 listed in column 1 of the following table that meets the condition (if any) listed in relation to it in column 2—

Provision of the Sexual Offences Act 2003	Condition
(a) Section 1 (rape)
(b) Section 2 (assault by penetration)
(c) Section 4 (causing a person to engage in sexual activity without consent)	The offender is liable on conviction on indictment to imprisonment for life
(d) Section 5 (rape of a child under 13)
(e) Section 6 (assault of a child under 13 by penetration)
(f) Section 8 (causing or inciting a child under 13 to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(g) Section 30 (sexual activity with a person with a mental disorder impeding choice)	The offender is liable on conviction on indictment to imprisonment for life
(h) Section 31 (causing or inciting a person with a mental disorder to engage in sexual activity)	The offender is liable on conviction on indictment to imprisonment for life
(i) Section 34 (inducement, threat or deception to procure sexual activity with a person with a mental disorder)	The offender is liable on conviction on indictment to imprisonment for life
(j) Section 35 (causing a person with a mental disorder to engage in or agree to engage in sexual activity by inducement etc)	The offender is liable on conviction on indictment to imprisonment for life
(k) Section 47 (paying for sexual services of a child) against a person aged under 16	The offender is liable on conviction on indictment to imprisonment for life
(l) Section 62 (committing an offence with intent to commit a sexual offence)	The offender is liable on conviction on indictment to imprisonment for life.

Commencement Information

I412 Sch. 19 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2006 E+W

21 E+W An offence under any of the provisions of the Terrorism Act 2006 listed in column 1 of the following table that meets the condition listed in relation to it in column 2—

Provision of the Terrorism Act 2006	Condition
(a) Section 5 (preparation of terrorist acts)	The offence was committed on or after 12 January 2010
(b Section 6 (training for terrorism)	The offence was committed on or after 13 April 2015
(c) Section 9 (making or possession of radioactive device or material)	The offence was committed on or after 12 January 2010
(d) Section 10 (misuse of radioactive device or material for terrorist purposes etc)	The offence was committed on or after 12 January 2010
(e) Section 11 (terrorist threats relating to radioactive devices etc)	The offence was committed on or after 12 January 2010.

Commencement Information

I413 Sch. 19 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 E+W

22 E+W An offence under either of the following provisions of the Modern Slavery Act 2015—

(a) section 1 (slavery, servitude and forced or compulsory labour);

(b) section 2 of that Act (human trafficking).

Commencement Information

I414 Sch. 19 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Inchoate offences E+W

23 E+W An inchoate offence (see section 398) in relation to an offence specified in any of the preceding paragraphs of this Schedule.

Commencement Information

I415 Sch. 19 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) An attempt to commit murder. E+W

(2) Conspiracy to commit murder.

(3) An offence committed on or after 13 April 2015 under Part 2 of the Serious Crime Act 2007 related to murder.

Commencement Information

I416 Sch. 19 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sections 249 and 311

SCHEDULE 20 E+W Detention under section 250 and minimum sentences: firearms offences

PART 1 E+W Offences

1 E+W An offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring weapon or ammunition) committed on or after 22 January 2004.

Modifications etc. (not altering text)

C51 Sch. 20 para. 1: power to amend conferred by 1988 c. 45, s. 1(4A)(bb) (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 94(2) (with Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I417 Sch. 20 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W An offence under section 5(1A)(a) of the Firearms Act 1968 (offence of having in possession, purchasing or acquiring firearm disguised as another object) committed on or after 22 January 2004.

Commencement Information

I418 Sch. 20 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 E+W An offence under section 5(2A) of the Firearms Act 1968 (manufacture, sale or transfer of firearm or ammunition, or possession etc for sale or transfer) committed in respect of a relevant firearm or relevant ammunition.

Commencement Information

I419 Sch. 20 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 (1) An offence under any of the provisions of the Firearms Act 1968 listed in sub-paragraph (2) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition. E+W

(2) Those provisions are—

• section 16 (possession of firearm or ammunition with intent to injure);

• section 16A (possession of firearm with intent to cause fear or violence);

• section 17 (use of firearm to resist arrest);

• section 18 (carrying firearm with criminal intent);

• section 19 (carrying a firearm in a public place);

• section 20(1) (trespassing in a building with firearm).

Commencement Information

I420 Sch. 20 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W An offence under section 28 of the Violent Crime Reduction Act 2006 (using someone to mind a weapon), where the dangerous weapon in respect of which the offence was committed was a relevant firearm.

Commencement Information

I421 Sch. 20 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Interpretation of Schedule

6 E+W In this Schedule—

• “relevant firearm” means a firearm specified in any of the following provisions of section 5 of the Firearms Act 1968 (weapons subject to general prohibition)—

  (a)

  subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (af);

  (b)

  subsection (1A)(a);

• “relevant ammunition” means ammunition specified in subsection (1)(c) of that section.

For this purpose, “firearm” and “ammunition” have the same meanings as in the Firearms Act 1968.

Commencement Information

I422 Sch. 20 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 322

SCHEDULE 21 E+W Determination of minimum term in relation to mandatory life sentence for murder etc

Interpretation E+W

1 E+W In this Schedule—

• “child” means a person aged under 18;

• “mandatory life sentence” means a mandatory life sentence passed in circumstances where the sentence is fixed by law.

Commencement Information

I423 Sch. 21 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Starting points E+W

2 (1) If— E+W

(a) the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is exceptionally high, and

(b) the offender was aged 21 or over when the offence was committed,

the appropriate starting point is a whole life order.

(2) Cases that would normally fall within sub-paragraph (1)(a) include—

(a) the murder of two or more persons, where each murder involves any of the following—

(i) a substantial degree of premeditation or planning,

(ii) the abduction of the victim, or

(iii) sexual or sadistic conduct,

(b) the murder of a child if involving the abduction of the child or sexual or sadistic motivation,

(c) the murder of a police officer or prison officer in the course of his or her duty, where the offence was committed on or after 13 April 2015,

(d) a murder done for the purpose of advancing a political, religious, racial or ideological cause, or

(e) a murder by an offender previously convicted of murder.

Commencement Information

I424 Sch. 21 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) If— E+W

(a) the case does not fall within paragraph 2(1) but the court considers that the seriousness of the offence (or the combination of the offence and one or more offences associated with it) is particularly high, and

(b) the offender was aged 18 or over when the offence was committed,

the appropriate starting point, in determining the minimum term, is 30 years.

(2) Cases that (if not falling within paragraph 2(1)) would normally fall within sub-paragraph (1)(a) include—

(a) in the case of a offence committed before 13 April 2015, the murder of a police officer or prison officer in the course of his or her duty,

(b) a murder involving the use of a firearm or explosive,

(c) a murder done for gain (such as a murder done in the course or furtherance of robbery or burglary, done for payment or done in the expectation of gain as a result of the death),

(d) a murder intended to obstruct or interfere with the course of justice,

(e) a murder involving sexual or sadistic conduct,

(f) the murder of two or more persons,

(g) a murder that is aggravated by racial or religious hostility or by hostility related to sexual orientation,

(h) a murder that is aggravated by hostility related to disability or transgender identity, where the offence was committed on or after 3 December 2012 (or over a period, or at some time during a period, ending on or after that date),

(i) a murder falling within paragraph 2(2) committed by an offender who was aged under 21 when the offence was committed.

(3) An offence is aggravated in any of the ways mentioned in sub-paragraph (2)(g) or (h) if section 66 requires the court to treat the fact that it is so aggravated as an aggravating factor.

Commencement Information

I425 Sch. 21 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 (1) If— E+W

(a) the case does not fall within paragraph 2(1) or 3(1),

(b) the offence falls within sub-paragraph (2), and

(c) the offender was aged 18 or over when the offence was committed,

(d) the offence was committed on or after 2 March 2010,

the offence is normally to be regarded as sufficiently serious for the appropriate starting point, in determining the minimum term, to be 25 years.

(2) The offence falls within this sub-paragraph if the offender took a knife or other weapon to the scene intending to—

(a) commit any offence, or

(b) have it available to use as a weapon,

and used that knife or other weapon in committing the murder.

Commencement Information

I426 Sch. 21 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W If the offender was aged 18 or over when the offence was committed and the case does not fall within paragraph 2(1), 3(1) or 4(1), the appropriate starting point, in determining the minimum term, is 15 years.

Commencement Information

I427 Sch. 21 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W If the offender was aged under 18 when the offence was committed, the appropriate starting point, in determining the minimum term, is 12 years.

Commencement Information

I428 Sch. 21 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aggravating and mitigating factors E+W

7 E+W Having chosen a starting point, the court should take into account any aggravating or mitigating factors, to the extent that it has not allowed for them in its choice of starting point.

Commencement Information

I429 Sch. 21 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W Detailed consideration of aggravating or mitigating factors may result in a minimum term of any length (whatever the starting point), or in the making of a whole life order.

Commencement Information

I430 Sch. 21 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 E+W Aggravating factors (additional to those mentioned in paragraphs 2(2), 3(2) and 4(2)) that may be relevant to the offence of murder include—

(a) a significant degree of planning or premeditation,

(b) the fact that the victim was particularly vulnerable because of age or disability,

(c) mental or physical suffering inflicted on the victim before death,

(d) the abuse of a position of trust,

(e) the use of duress or threats against another person to facilitate the commission of the offence,

(f) the fact that victim was providing a public service or performing a public duty, and

(g) concealment, destruction or dismemberment of the body.

Commencement Information

I431 Sch. 21 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W Mitigating factors that may be relevant to the offence of murder include—

(a) an intention to cause serious bodily harm rather than to kill,

(b) lack of premeditation,

(c) the fact that the offender suffered from any mental disorder or mental disability which (although not falling within section 2(1) of the Homicide Act 1957) lowered the offender's degree of culpability,

(d) the fact that the offender was provoked (for example, by prolonged stress) but, in the case of a murder committed before 4 October 2010, in a way not amounting to a defence of provocation,

(e) the fact that the offender acted to any extent in self-defence or, in the case of a murder committed on or after 4 October 2010, in fear of violence,

(f) a belief by the offender that the murder was an act of mercy, and

(g) the age of the offender.

Commencement Information

I432 Sch. 21 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 E+W Nothing in this Schedule restricts the application of—

(a) section 65 (previous convictions),

(b) section 64 (bail), or

(c) section 73 (guilty plea),

or of section 238(1)(b) or (c) or 239 of the Armed Forces Act 2006.

Commencement Information

I433 Sch. 21 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offences committed before 18 December 2003 E+W

12 (1) This paragraph applies where the offence was committed before 18 December 2003. E+W

(2) If the court makes a minimum term order, the minimum term must, in the opinion of the court, be no be greater than the period which, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify to the offender as the minimum period which in the view of the Secretary of State should be served before the prisoner's release on licence.

(3) The court may not make a whole life order unless it is of the opinion that, under the practice followed by the Secretary of State before December 2002, the Secretary of State would have been likely to notify the prisoner that the Secretary of State did not intend that the prisoner should ever be released on licence.

Commencement Information

I434 Sch. 21 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 408

SCHEDULE 22 E+W Amendments of the Sentencing Code and related amendments of other legislation

Prospective

PART 1 E+W General provisions

Pre-sentence drug testing E+W

1 E+W After section 34 insert—

“Pre-sentence drug testing E+W

34A Pre-sentence drug testing

(1) This section applies where—

(a) a person is convicted of an offence, and

(b) the court is considering passing—

(i) a community sentence, or

(ii) a suspended sentence.

(2) The court may make an order requiring the offender to provide samples for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body.

(3) An order under this section—

(a) must specify the descriptions of samples to be provided,

(b) if the offender is aged under 17, must provide for the samples to be provided in the presence of an appropriate adult, and

(c) may include further provision about how the samples are to be provided.

(4) If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on the offender a fine of an amount not exceeding level 4.

(5) In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.

(6) The court may not make an order under subsection (2) unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court (and the notice has not been withdrawn).

(7) In this section—

• “appropriate adult” in relation to a person aged under 17, means—

  (a)

  the person's parent or guardian or, if the person is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,

  (b)

  a social worker of a local authority, or

  (c)

  if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed for, or engaged on, police purposes;

• “police purposes” has the meaning given by section 101(2) of the Police Act 1996;

• “specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (see section 70 of that Act).”

2 E+W In section 230 (threshold for imposing discretionary custodial sentence), after subsection (3) insert—

“Exception to subsection (2) relating to pre-sentence drug testing

(3A) Nothing in subsection (2) prevents the court from passing a custodial sentence on the offender if the offender fails to comply with an order under section 34A (pre-sentence drug testing).”

Purposes of sentencing E+W

3 (1) For section 58 substitute— E+W

“58 Purposes etc of sentencing: offenders under 18

(1) This section applies where a court is dealing with an offender aged under 18 for an offence.

(2) The court must have regard to—

(a) the principal aim of the youth justice system (which is to prevent offending (or re-offending) by persons aged under 18: see section 37(1) of the Crime and Disorder Act 1998);

(b) in accordance with section 44 of the Children and Young Persons Act 1933, the welfare of the offender, and

(c) the purposes of sentencing mentioned in subsection (3) (so far as it is not required to do so by paragraph (a)).

(3) Those purposes of sentencing are—

(a) the punishment of offenders,

(b) the reform and rehabilitation of offenders,

(c) the protection of the public, and

(d) the making of reparation by offenders to persons affected by their offences.

(4) This section does not apply—

(a) to an offence in relation to which a mandatory sentence requirement applies;

(b) in relation to making any of the following orders under Part 3 of the Mental Health Act 1983—

(i) a hospital order (with or without a restriction order);

(ii) an interim hospital order;

(iii) a hospital direction;

(iv) a limitation direction.”

(2) In section 57 (purposes of sentencing: adults), in subsection (1)(b), omit “when convicted”.

[Seriousness] E+W

4 E+W [In Schedule 1 (offences where terrorist connection to be considered)—

(a) after paragraph 13 insert—

“13A An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports);

(e) paragraph 5 (offences in relation to certain dangerous articles).”;

(b) in paragraph 14, for “13” substitute “ 13A ”.]

Prospective

PART 2 E+W Referral orders

Referral orders consecutive to earlier referral orders E+W

5 E+W In section 87 (referral order consecutive to earlier referral order), omit subsection (2).

Prospective

PART 3 E+W Fines etc: abolition of detention in default of payment

6 E+W In section 119 (power of magistrates' court to fine where only imprisonment etc specified), in subsection (4)—

(a) for paragraph (b) substitute—

“(b) the term of imprisonment to which the offender would be subject in default of payment of the fine must not be longer than the term of imprisonment to which the offender is liable on conviction of the offence.”;

(b) omit the words following paragraph (b).

7 E+W In section 127 (remission of fines following determination under section 126), in subsection (3), omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.

8 E+W In section 129 (fine imposed on offender by Crown Court: duty to make term in default order)—

(a) in subsection (3), for paragraphs (a) and (b) substitute “ of imprisonment ”;

(b) in subsection (4), omit “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”;

(c) in subsection (5), in the opening words omit “or detained”;

(d) in subsection (6), in the words following paragraph (c), omit “or detention”.

9 E+W In section 132 (enforcement of fines imposed on offenders by Crown Court), in subsection (3) omit “, or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000,”.

10 E+W In section 382 (power to determine financial circumstances of offender's parent or guardian), in subsection (4), for paragraphs (a) and (b) substitute “ imprisonment ”.

Prospective

PART 4 E+W Community sentences

Youth rehabilitation orders with intensive supervision and surveillance E+W

11 (1) In section 179 (exercise of power to impose youth rehabilitation order: general considerations), after subsection (4) insert— E+W

“(4A) Nothing in subsection (2) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).”

(2) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), after subsection (4) insert—

“(5) Nothing in subsection (2) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).”

(3) In section 186 (youth rehabilitation order: exercise of power to impose particular requirements), after subsection (8) insert—

“(8A) Nothing in subsection (6) prevents a court from making a youth rehabilitation order with intensive supervision and surveillance in respect of an offender who fails to comply with an order under section 34A (pre-sentence drug testing).”

Youth rehabilitation order for offender previously fined E+W

12 (1) In section 179 (exercise of power to impose youth rehabilitation order: general considerations), in subsection (2), at the end insert— E+W

“This is subject to section 179A (persistent offender previously fined).”

(2) After section 179 insert—

“179A Exercise of power to make youth rehabilitation order: persistent offender previously fined

(1) This section applies where—

(a) the offender is aged 16 or 17 when convicted of the offence,

(b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16, and

(c) despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard—

(i) the current offence, or

(ii) the combination of the current offence and one or more associated offences,

as being serious enough to warrant a youth rehabilitation order.

Paragraph (b) must be read with section 397A (offenders fined at least three times: interpretation).

(2) The court may make a youth rehabilitation order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (3), it would be in the interests of justice to make a youth rehabilitation order.

(3) Those matters are—

(a) the nature of the offences to which the previous convictions mentioned in subsection (1)(b) relate and their relevance to the current conviction;

(b) the time that has elapsed since the offender's conviction of each of those offences.

(4) Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.”

Availability etc of community order E+W

13 E+W In section 202 (availability of community order)—

(a) in subsection (1), for paragraph (b) substitute—

“(b) the seriousness condition is met.”

(b) after that subsection insert—

“(1A) The seriousness condition is that—

(a) the offence is punishable with imprisonment by that court, or

(b) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16.

(1B) Subsection (1A)(b) must be read with section 397A.”

14 (1) In section 204 (exercise of power to impose community order: general considerations), in subsection (2), at the end insert— E+W

“This is subject to section 204A (persistent offender previously fined).”

(2) After that section insert—

“204A Exercise of power to impose community order: persistent offender previously fined

(1) Subsection (2) applies (in addition to section 204(2)) where—

(a) a community order is available to a court dealing with an offender by virtue of section 202(1A)(b) (offender fined at least three times), and

(b) the offence is not punishable with imprisonment by that court.

(2) The court may not make a community order unless it also considers that, having regard to all the circumstances including the matters mentioned in subsection (5), it would be in the interests of justice to make a community order.

(3) Subsection (4) applies where—

(a) a community order is available to a court dealing with an offender,

(b) the offence is punishable with imprisonment,

(c) on three or more previous occasions a sentence consisting only of a fine has been passed on the offender on conviction by a court in the United Kingdom of an offence committed by the offender after reaching the age of 16, and

(d) despite the effect of section 65 (effect of previous convictions in determining seriousness), the court would not (apart from this section) regard—

(i) the current offence, or

(ii) the combination of the current offence and one or more associated offences,

as being serious enough to warrant a community sentence.

(4) The court may make a community order in respect of the current offence instead of imposing a fine if it considers that, having regard to all the circumstances including the matters mentioned in subsection (5) it would be in the interests of justice to make a community order.

(5) The matters referred to in subsections (2) and (4) are—

(a) the nature of the offences to which the previous convictions mentioned in—

(i) section 202(1A)(b), or

(ii) as the case may be, subsection (3)(c),

relate and their relevance to the current offence, and

(b) the time that has elapsed since the offender's conviction of each of those offences.

(6) Nothing in this section limits the extent to which a court may, in accordance with section 65, treat any previous convictions of the offender as increasing the seriousness of an offence.”

Youth rehabilitation orders and community sentences: references to previous convictions E+W

15 E+W After section 397 insert—

“397A Offenders fined at least three times: interpretation

(1) This section applies for the purposes of the following provisions (the “relevant provisions”)—

(a) section 179A(1)(b) (exercise of power to make youth rehabilitation order: persistent offender previously fined),

(b) section 202(1A)(b) (availability of community order: seriousness condition), and

(c) section 204A(3)(c) (exercise of power to impose community order: persistent offender previously fined).

(2) For those purposes, the following do not form part of an offender's sentence—

(a) a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge));

(b) a compensation order (or an order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders));

(c) a service compensation order awarded in service disciplinary proceedings;

(d) a surcharge under section 42 (or an order under section 161A of the Criminal Justice Act 2003 (surcharge));

(e) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013;

(f) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015.

(3) For those purposes, it is immaterial whether on other previous occasions a court has passed on the offender a sentence not consisting only of a fine.

[F13 (3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.]

(4) In each of the relevant provisions, the reference to conviction by a court in the United Kingdom includes a reference to—

(a) a conviction in proceedings (whether or not before a court) in respect of—

(i) a service offence within the meaning of the Armed Forces Act 2006, or

(ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), or

(b) a finding of guilt in—

(i) proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or

(ii) proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976.

(5) For the purposes of the relevant provisions and this section, any reference to conviction or sentence, in the context of proceedings mentioned in subsection (4), includes anything that under section 376(1) to (3) of the Armed Forces Act 2006 is to be treated as a conviction or sentence.”

Textual Amendments

F13 Words in Sch. 22 para. 15 inserted by Sentencing Act 2020 (c. 17), Sch. 22 para. 19(1A) (as inserted by 2020 c. 17, Sch. 22 para. 97A (as amended by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16)))

Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States E+W

F14 16 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 22 paras. 16-18 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 97 (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(15))

F14 17 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 22 paras. 16-18 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 97 (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(15))

F14 18 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Sch. 22 paras. 16-18 omitted (31.12.2020) by virtue of Sentencing Act 2020 (c. 17), s. 417(9), Sch. 22 para. 97 (with Sch. 27) (as amended by S.I. 2020/1520, regs. 1(1), 5(15))

19 (1) Section 397A (offenders fined at least three times: interpretation), inserted by paragraph 15, is amended as follows. E+W

[F15 (1A) After subsection (3) insert—

“(3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.”]

(2) In subsection (4)(a)—

(a) in sub-paragraph (i), omit “within the meaning of the Armed Forces Act 2006”;

(b) after that sub-paragraph (but before the “or” at the end of it) insert—

“(ia) a member State service offence,”.

(3) In subsection (5), after “subsection (4)” insert “ (other than proceedings for a member State service offence) ”.

(4) After subsection (5) insert—

“(6) For the purposes of the relevant provisions, an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done there at the time of the conviction of the offender for the current offence.

(7) In subsections (4) and (5)—

• “member State service offence” means an offence which—

  (a)

  was the subject of proceedings under the service law of a member State other than the United Kingdom, and

  (b)

  would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the offender for the current offence;

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

• “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State;

• “service offence” has the same meaning as in the Armed Forces Act 2006.”

Textual Amendments

F15 Sch. 22 para. 19(1A) inserted by Sch. 22 para. 97A of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16))

Consequential amendment of section 77 (basis of opinion provisions) E+W

20 (1) In section 77, subsection (5) is amended as follows. E+W

(2) In paragraph (c), after “179,” insert “ 179A, ”.

(3) In paragraph (d), for “204” substitute “ 202(1A)(b), 204, 204A ”.

Community orders: powers to imprison offender for wilful or persistent breach E+W

21 (1) Schedule 10 (breach etc of community order) is amended as follows. E+W

(2) In paragraph 10 (powers of magistrates' court on breach)—

(a) in sub-paragraph (5), after paragraph (c) insert—

“(d) where—

(i) the community order was made by a magistrates' court,

[F16 (ia) the order does not qualify for special procedures for the purposes of paragraph (ba);]

(ii) the offence in respect of which the order was made was not an offence punishable by imprisonment,

(iii) the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.”

(b) in sub-paragraph (9), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(c) after that sub-paragraph insert—

“(9A) In sub-paragraph (5)(d), “relevant custodial sentence” means—

(a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b) in any other case, a sentence of imprisonment.”;

(d) in sub-paragraph (10), after “(5)(c)” insert “ or (d) ”;

(e) in sub-paragraph (11), after “(5)(c)” insert “ or (d) ”.

(3) In paragraph 11 (powers of Crown Court on breach)—

(a) in sub-paragraph (2), after paragraph (c) insert—

“(d) where—

[F17 (ai) the community order does not qualify for special procedures for the purposes of paragraph (ba),]

(i) the offence in respect of which the order was made was not an offence punishable by imprisonment, and

(ii) the offender has wilfully and persistently failed to comply with the requirements of the order,

by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.”;

(b) in sub-paragraph (6), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(c) after that sub-paragraph insert—

“(6A) In sub-paragraph (2)(d), “relevant custodial sentence” means—

(a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution;

(b) in any other case, a sentence of imprisonment.”;

(d) in sub-paragraph (7), after “(2)(c)” insert “ or (d) ”.

Textual Amendments

F16 Words in Sch. 22 para. 21(2)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 14(2)(a)

F17 Words in Sch. 22 para. 21(3)(a) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(r), Sch. 14 para. 14(2)(b)

Exceptions to threshold for custodial sentence where offender fails to express willingness to comply with amended requirement E+W

22 (1) In Schedule 9 (community orders and suspended sentence orders: requirements), in paragraph 22(5)(b) (power to impose custodial sentence where offender on review of drug rehabilitation requirement where offender fails to express willingness to comply with amended requirement), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”. E+W

(2) In Schedule 10 (breach, revocation or amendment of community order), in paragraph 18(9)(b) (power of court to re-sentence offender where offender fails to express willingness to comply with treatment requirement as proposed to be amended), after “custodial sentence” insert “ (where the offence is punishable with such a sentence) ”.

Change of residence: duty of responsible officer to apply to court for amendment of order E+W

23 E+W In Schedule 10 (breach, revocation and amendment of community order), in paragraph 16, at the end insert—

“(3) If the permission is given by the responsible officer—

(a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and

(b) the court must make that amendment.”

Valid from 30/04/2021

PART 5 E+W Custodial sentences

Increase in magistrates' court's power to impose imprisonment E+W

24 (1) Section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution) is amended as follows. E+W

(2) In subsection (1), for “6 months” substitute “ 12 months ”.

(3) In subsection (2), for “6 months” substitute “ 12 months ”.

Prospective

25 E+W In—

(a) paragraph 10(5)(d) of Schedule 10 (magistrates' court's powers on breach etc of community order), as inserted by paragraph 21(2) of this Schedule, or

(b) the paragraph (d) to be inserted into paragraph 10(5) of Schedule 10 by paragraph 21(2) of this Schedule (if that paragraph 21(2) is not in force when this paragraph comes into force),

in the words following sub-paragraph (iii), for “6 months” substitute “ 51 weeks ”.

Prospective

26 E+W In—

(a) paragraph 11(2)(d) of Schedule 10 (Crown Court's powers on breach etc of community order), as inserted by paragraph 21(3) of this Schedule, or

(b) the paragraph (d) to be inserted into paragraph 11(2) of Schedule 10 by paragraph 21(3) of this Schedule (if that paragraph 21(3) is not in force when this paragraph comes into force),

in the words following sub-paragraph (ii), for “6 months” substitute “ 51 weeks ”.

Prospective

Detention and training orders: offenders aged under 12 E+W

27 (1) In section 234 (detention and training order: availability)— E+W

(a) in subsection (1), in paragraph (a), omit “, but at least 12,”;

(b) after that paragraph insert—

“(aa) in a case where the offender is aged under 12 at that time, the offence was committed on or after the date on which paragraph 27 of Schedule 22 comes into force,”.

(2) In section 235 (exercise of power to make of detention and training order), after subsection (3) insert—

“(3A) If the offender is aged under 12 when convicted the court may not make a detention and training order unless it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by the offender.”

(3) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), in subsection (2)(a)(ii) (appropriateness of custodial sentence to be assessed in case of offender aged under 12 as if offender were 12), after “convicted” insert “ and the offence was committed before the date on which paragraph 27 of Schedule 22 comes into force ”.

Prospective

Repeal of temporary provision resulting from paragraph 27 E+W

28 (1) In section 234, omit subsection (1)(aa). E+W

(2) In section 180, omit subsection (2)(a)(ii) (and the word “or” immediately before it, but not the word “and” immediately after it).

Prospective

Detention and training orders: summary offences E+W

29 (1) Section 236 is amended as follows. E+W

(2) In subsection (2), at the end insert—

“This is subject to subsection (2A).”

(3) After that subsection insert—

“(2A) Where—

(a) the offence is a summary offence, and

(b) the maximum term of imprisonment that a court could impose for the offence (in the case of an offender aged 21 or over) is 51 weeks,

the term of a detention and training order in respect of the offence may not exceed 6 months.”

Prospective

Custodial sentences where offender already subject to sentence following conviction before commencement E+W

30 E+W In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), omit subsection (5).

31 E+W In section 245 (offender subject concurrently to detention and training order and other sentence of detention), omit subsection (4).

32 E+W In section 248 (detention and training orders: interpretation)—

(a) in subsection (3)—

(i) at the end of paragraph (a), insert “ or ”;

(ii) omit paragraph (c) (and the word “or” immediately before it);

(b) in subsection (4) omit—

(i) paragraph (b);

(ii) in paragraph (c) the words “(whether passed before or after this Code comes into force)”;

(iii) paragraph (e) (and the word “or” immediately before it);

and insert “ or ” immediately after paragraph (c).

33 E+W In section 253 (sentence of detention passed on offender subject to detention and training order), in subsection (4)—

(a) at the end of paragraph (a), insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

34 E+W In section 257 (extended sentence under section 254 where offender subject to detention and training order), [F18 in] subsection (4)—

(a) in paragraph (a), at the end insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

Textual Amendments

F18 Word in Sch. 22 para. 34 substituted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 10(3)

35 E+W In section 270 (sentence of detention in a young offender institution where offender subject to detention and training order), in subsection (4)—

(a) in paragraph (a), at the end insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

Age limit for imposing imprisonment E+W

Prospective

[F19 36 E+W In section 15 (committal for sentence of dangerous adult offenders)—

(a) in subsection (1)(b), omit—

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

(ii) “266 or”;

(b) in subsection (1A), omit “268A or”.]

Textual Amendments

F19 Sch. 22 para. 36 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(a)

Prospective

37 E+W In section [F20 59(2)] (sentencing guidelines: general duty of court)[F21 —

(a) in paragraph (ga), for “sections 268B and” substitute “ section ”;

(b) in paragraph (h),] for “sections 273 and” substitute “ section ”.

Textual Amendments

F20 Word in Sch. 22 para. 37 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(b)(i)

F21 Words in Sch. 22 para. 37 inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(b)(ii)

Prospective

38 E+W In section 61 (sentencing guidelines: extended sentences and life sentences)—

(a) in subsection (2), omit “, 268(2)”;

[F22 (aa) in subsection (2B), omit “268C(2)(b) or”;]

(b) in subsection (3), omit “273 or”;

(c) in subsection (4), omit “273(4) or”;

(d) in subsection (8)—

(i) in paragraph (a), at the end insert “ or ”;

(ii) omit paragraph (c) (and the word “or” immediately before it).

Textual Amendments

F22 Sch. 22 para. 38(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(c)

Prospective

39 E+W In section 129(5)(c) (fine imposed on offender by Crown Court: duty to make term in default order), omit “, custody for life or detention in a young offender institution”.

Prospective

40 E+W In section 166(5) (extension of disqualification where custodial sentence also imposed), in the table, omit [F23 entries 3, 4 and 4A].

Textual Amendments

F23 Words in Sch. 22 para. 40 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(e)

Prospective

41 E+W In section 221 (overview of Part 10)—

(a) omit subsection (3);

(b) in subsection (4), omit “aged at least 21 at the time of conviction”.

Prospective

42 E+W In section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ imprisonment ”;

(b) in subsection (2), omit “or detention in a young offender institution”;

(c) in the heading, omit “or detention in a young offender institution”.

Prospective

43 E+W In section 226 (custodial sentence: restriction in certain cases where offender not legally represented)

[F24 (a)] , in subsection (2), for paragraphs (c) and (d) substitute “or

(ba) if the offender was aged at least 18 but under 21 when convicted, pass a sentence of imprisonment,”

[F25 (b) in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,".]

Textual Amendments

F24 Words in Sch. 22 para. 43 renumbered as Sch. 22 para. 43(a) (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 10(4)(a)

F25 Sch. 22 para. 43(b) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(aa), Sch. 21 para. 10(4)(b)

Prospective

44 E+W In section 227 (restriction on imposing imprisonment on person under 21) in each of the following places, and in the heading to that section, for “under 21” substitute “ under 18 ” in each of the following—

(a) subsection (1);

(b) subsection (2);

(c) subsection (3).

Prospective

45 E+W In section 230(3) (threshold for imposing discretionary custodial sentence), for “sections 273(4) and” substitute “ section ”.

Prospective

46 E+W In section 231 (length of discretionary custodial sentences: general provision)—

(a) in subsection (3), for “sections 273(4) and” substitute “ section ”;

(b) in subsection (4), omit paragraph (b) (but not the word “or” immediately after it);

(c) in subsection (6), omit “, 268(2)”.

[F26 (d) in subsection (6A), for “sections 268C(2)(b) and” substitute “ section ”.]

Textual Amendments

F26 Sch. 22 para. 46(d) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(f)

Prospective

47 E+W In section 236 (term of order, consecutive terms and taking account of remands)—

(a) in subsection (2)(a) and (b), and

(b) in subsection (2A)(b) (to be inserted by paragraph 29 of this Schedule),

for “21” substitute “ 18 ” (in each place).

Prospective

48 E+W In section 244 (interaction with sentences of detention in a young offender institution), in subsection (2), for paragraph (b) substitute—

“(b) section 61 of the Criminal Justice and Court Services Act 2000 (place of detention);”.

Prospective

49 E+W In section 246 (effect of detention and training order made where offender has reached 18), in subsection (2), for “detention in a young offender institution” substitute “ imprisonment ”.

Prospective

50 E+W In section 249 (sentence of detention under section 250: availability), in paragraph (a) of the table in subsection (1), for “21” substitute “ 18 ”.

Prospective

51 E+W In section 252 (maximum sentence), in subsection (2), in paragraphs (a) and (b), for “21” substitute “ 18 ”.

Prospective

[51A E+W In section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.]

Prospective

52 E+W In section 256 (term of extended sentence of detention under section 254), in subsection (5), for “21” substitute “ 18 ”.

Prospective

53 (1) Omit Chapter 3 of Part 10 (custodial sentences for adults aged under 21). E+W

(2) In the heading for Chapter 4 of that Part, omit “aged 21 and over”.

(3) The repeal by sub-paragraph (1) of section 270 does not affect the validity of any order made under subsection (2) of that section.

Prospective

54 E+W In section 277 (suspended sentence order for person aged 21 or over: availability), in the heading, for “person aged 21 or over” substitute “ adult ”.

Prospective

55 E+W In section 278 (required special custodial sentence for certain offenders of particular concern), omit subsection (1)(b)(ii) (and the word “and” immediately after it).

Prospective

56 E+W In section 279 (extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over), in the heading omit “persons 21 or over”.

Prospective

57 E+W In section 280 (extended sentence of imprisonment: availability), in subsection (1)(b), for “21” substitute “ 18 ”.

Prospective

58 E+W In section 283 (life sentence for second listed offence), in subsection (1)(c), for “21” substitute “ 18 ”.

Prospective

59 E+W In section 285 (required life sentence for offence carrying life sentence), in subsection (1)(a), for “21” substitute “ 18 ”.

Prospective

60 E+W In section 286 (suspended sentence order), in subsection (1), omit “or detention in a young offender institution”.

Prospective

61 E+W In section 289 (suspended sentence to be treated generally as sentence of imprisonment etc)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ a sentence of imprisonment ”;

(b) in the heading, omit “etc”.

Prospective

62 E+W In section 308(1) (the assessment of dangerousness)—

(a) in paragraph (a), omit “, 267”;

[F27 (aa) in paragraph (aa), omit “268B or”;]

(b) in paragraph (b), omit “, 274”.

Textual Amendments

F27 Sch. 22 para. 62(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(h)

Prospective

63 E+W In section 310 (certificates of conviction), in the words following paragraph (c), omit “267, 273,”.

Prospective

64 E+W In section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

Prospective

65 E+W In section 312 (mandatory minimum sentence for offences of threatening with weapon or bladed article), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

Prospective

66 E+W In section 313 (minimum sentence for third drug trafficking offence)—

(a) in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

[F28 (aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;]

(b) omit subsection (6).

Textual Amendments

F28 Sch. 22 para. 66(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(9)(a), 208(5)(k)

Prospective

67 E+W In section 314 (minimum sentence for third domestic burglary offence)—

(a) in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

[F29 (aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;]

(b) omit subsection (6).

Textual Amendments

F29 Sch. 22 para. 67(aa) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 124(9)(b), 208(5)(k)

Prospective

68 E+W In section 315 (minimum sentence for repeat offence involving weapon or bladed article), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

Prospective

69 E+W In section 324 (interpretation of sections 321 and 322), in the definition of “life sentence”—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (c) (and the word “or” immediately before it).

Prospective

70 E+W In section 329 (conversion of sentence of detention to sentence of imprisonment)—

[F30 (za) in subsection (3), for “(4) to (5A)” substitute “ (4), (4A) and (5) ”;]

[F31 (zb) in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);]

(a) in subsection (5), omit paragraph (b) (and the word “or” immediately before it);

[F32 (aa) omit subsection (5A);]

(b) in subsection (7), omit paragraphs (d), (e) [F33 , (ea)] and (f).

Textual Amendments

F30 Sch. 22 para. 70(za) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(j)(i)

F31 Sch. 22 para. 70(zb) inserted (30.4.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(1)(i), Sch. 13 para. 26(27)(b)

F32 Sch. 22 para. 70(aa) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(j)(ii)

F33 Word in Sch. 22 para. 70(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(j)(iii)

Prospective

71 (1) In section 384(3)(b) (commencement of sentence), for “, 257 and 270” substitute “ and 257 ”. E+W

(2) The amendment made by sub-paragraph (1) does not affect the validity of any order made under section 270(2).

Prospective

72 [F34 (a)] In section 397(1) (interpretation: general), in the definition of “extended sentence”, omit paragraph (b) (but not the word “or” immediately after that paragraph). E+W

[F35 (b) in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).]

Textual Amendments

F34 Words in Sch. 22 para. 72 renumbered as Sch. 22 para. 72(a) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(k)(i)

F35 Sch. 22 para. 72(b) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(k)(ii)

Prospective

[F36 73 E+W In section 399 (mandatory sentences)—

(a) in paragraph (b)—

(i) in the opening words, omit “, custody for life”;

(ii) in sub-paragraph (i), omit “, 274 [F37 , 274A]”;

(iii) in sub-paragraph (ii), omit “273 or”;

(b) in paragraph (ba), omit “268B or”.]

Textual Amendments

F36 Sch. 22 para. 73 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(l)

F37 Word in Sch. 22 para. 73(a)(ii) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(15)(b), 208(5)(b)

Prospective

74 (1) In paragraph 10 of Schedule 10 (magistrates' court's powers on breach etc of community order), as amended by paragraph 21(2) of this Schedule— E+W

(a) in sub-paragraph (5)(d), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit sub-paragraph (9A).

(2) But, if paragraph 21(2) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a) in the paragraph (d) to be inserted by it into paragraph 10(5) of Schedule 10 (magistrates' court's powers on breach etc of community order), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit paragraph (c) (which inserts sub-paragraph (9A) into paragraph 10 of Schedule 10).

Prospective

75 (1) In paragraph 11 of Schedule 10 (Crown Court's powers on breach etc of community order), as amended by paragraph 21(3) of this Schedule— E+W

(a) in sub-paragraph (2)(d), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit sub-paragraph (6A).

(2) But if paragraph 21(3) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a) in the paragraph (d) to be inserted by it into paragraph 11(2) of Schedule 10 (Crown Court's powers on breach etc of community order), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit paragraph (c) (which inserts sub-paragraph (6A) into paragraph 11 of Schedule 10).

Prospective

76 E+W In Schedule 12, in paragraph 3 (breach of requirement of detention and training order), in sub-paragraph (8), for “21” substitute “ 18 ”.

Prospective

77 E+W In Schedule 14 (extended sentences: the earlier offence condition: offences), in paragraph 15(b), for “section 267(1)(a) or 280(1)(a) (as appropriate)” substitute “ section 280(1)(a) ”.

Prospective

78 E+W In Schedule 15 (life sentence for second offence: listed offences), in paragraph 24(1), omit the definition of “index offence”.

Prospective

Change of residence: duty of responsible officer to apply for amendment of suspended sentence order E+W

79 E+W In Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 23, at the end insert—

“(3) If the permission is given by the responsible officer—

(a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and

(b) the court must make that amendment.”

Prospective

Dangerous offenders E+W

[79A E+W In Schedule 17A (serious terrorism offences), after paragraph 24 insert—

“Space Industry Act 2018 E+W

24A An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).”]

80 E+W In Schedule 18 (specified violent offences), after paragraph 26 insert—

“Space Industry Act 2018 E+W

26A An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports);

(e) paragraph 5 (offences in relation to certain dangerous articles).”

Valid from 06/04/2022

Minimum sentences: firearms and corrosive substances E+W

81 (1) Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows. E+W

(2) After paragraph 1 insert—

“1A An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22).”

(3) In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—

“(a) committed in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”

(4) In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute “—

(a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

(b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”.

(5) In paragraph 5, for the words following “where” substitute “—

(a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

(b) the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.”

(6) For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—

(a) the date on which those sub-paragraphs come into force, or

(b) if earlier, the 2019 Act commencement date.

(7) The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force.

But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.

(8) For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—

(a) the date on which that sub-paragraph comes into force, or

(b) if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.

82 (1) Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a)—

(i) omit “or” at the end of sub-paragraph (ii);

(ii) after sub-paragraph (iii) insert “or

(iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),”;

(b) in paragraph (b), for “17 July 2015” substitute “ the relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1)(b), “the relevant date” means—

(a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force);

(b) in any other case, 17 July 2015.”

(4) In subsection (5)—

(a) omit “or” at the end of paragraph (a);

(b) at the end of paragraph (b) insert “or

(c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)”.

(5) In the title, at the end insert “ or corrosive substance ”.

83 E+W In each of the following provisions, after “weapon” insert “ or corrosive substance ”

(a) section 73(4) (reduction in sentences for guilty pleas);

(b) section 234(2)(b) (detention and training order: availability);

(c) section 399(c)(v) (mandatory sentences).

Prospective

Life imprisonment E+W

84 E+W In Schedule 19 (Schedule 19 offences), after paragraph 22 insert—

“Space Industry Act 2018 E+W

22A An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a) paragraph 1 (hijacking of spacecraft);

(b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d) paragraph 4 (endangering safety at spaceports).”

F38 85 E+W . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F38 Sch. 22 para. 85 omitted (28.6.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 129(3)(c)(ii), 208(1); S.I. 2022/520, reg. 5(n)

PART 6 E+W EU Exit

86 (1) Section 65 (previous convictions) is amended as follows. E+W

(2) In subsection (4)—

(a) at the end of paragraph (a) insert “ or ”;

(b) omit paragraph (b);

(c) omit paragraph (d) (and the word “or” immediately before it).

[F39 (3) After subsection (4) insert—

“(4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes—

(a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and

(b) a finding of guilt in respect of a member State service offence (see subsection (6)).”

(3A) In subsection (6), for “(4)(d)” substitute “(4A)(b)].

Textual Amendments

F39 Sch. 22 para. 86(3)(3A) substituted for Sch. 22 para. 86(3) (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), 5(2)

Commencement Information

I435 Sch. 22 para. 86 in force at 31.12.2020, see s. 417(9)

87 [F40 (1)] In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it). E+W

[F41 (2) After subsection (2) insert—

“(2A) But the compulsory referral conditions are not met if—

(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b) the offender has previously been convicted by or before a court in a member State of any offence”.]

Textual Amendments

F40 Sch. 22 para. 87 renumbered as Sch. 22 para. 87(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), 5(3)(a)

F41 Sch. 22 para. 87(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), 5(3)(b)

Commencement Information

I436 Sch. 22 para. 87 in force at 31.12.2020, see s. 417(9)

[F42 87A. E+W Section 267 (extended sentence of detention in a young offender institution: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

“(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition 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.”.]

Textual Amendments

F42 Sch. 22 para. 87A 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), 5(4)

Commencement Information

I437 Sch. 22 para. 87A in force at 31.12.2020, see s. 417(9)

88 [F43 (1)] In section 273 (custody for life for second listed offence) in subsection (12)— E+W

(a) in the definition of “extended sentence”, in the words following paragraph (b), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”.

[F44 (2) After subsection (12) insert—

“(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.”.]

Textual Amendments

F43 Sch. 22 para. 88 renumbered as Sch. 22 para. 88(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), 5(5)(a)

F44 Sch. 22 para. 88(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), 5(5)(b)

Commencement Information

I438 Sch. 22 para. 88 in force at 31.12.2020, see s. 417(9)

[F45 88A. E+W Section 280 (extended sentence of imprisonment: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

“(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition 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”.]

Textual Amendments

F45 Sch. 22 para. 88A 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), 5(6)

Commencement Information

I439 Sch. 22 para. 88A in force at 31.12.2020, see s. 417(9)

89 [F46 (1)] In section 283 (life sentence for second listed offence) in subsection (12)— E+W

(a) in the definition of “extended sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (f), for the words following “Scotland” substitute “ or Northern Ireland ”.

[F47 (2) after subsection (12) insert—

“(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.”.]

Textual Amendments

F46 Sch. 22 para. 89 renumbered as Sch. 22 para. 89(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), 5(7)(a)

F47 Sch. 22 para. 89(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), 5(7)(b)

Commencement Information

I440 Sch. 22 para. 89 in force at 31.12.2020, see s. 417(9)

90 [F48 (1)] In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)— E+W

(a) omit paragraph (b);

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F49 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F48 Sch. 22 para. 90 renumbered as Sch. 22 para. 90(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), 5(8)(a)

F49 Sch. 22 para. 90(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), 5(8)(b)

Commencement Information

I441 Sch. 22 para. 90 in force at 31.12.2020, see s. 417(9)

91 [F50 (1)] In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)— E+W

(a) in paragraph (b) omit “or another member State”;

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F51 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F50 Sch. 22 para. 91 renumbered as Sch. 22 para. 91(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), 5(9)(a)

F51 Sch. 22 para. 91(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), 5(9)(b)

Commencement Information

I442 Sch. 22 para. 91 in force at 31.12.2020, see s. 417(9)

92 [F52 (1)] In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)— E+W

(a) in paragraph (b) omit “or another member State”;

(b) at the end of paragraph (c) insert “ or ”;

(c) omit paragraph (e) (and the word “or” immediately before it).

[F53 (2) After subsection (4) insert—

“(4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes—

(a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and

(b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).”.]

Textual Amendments

F52 Sch. 22 para. 92 renumbered as Sch. 2 para. 92(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), 5(10)(a)

F53 Sch. 22 para. 92(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), 5(10)(b)

Commencement Information

I443 Sch. 22 para. 92 in force at 31.12.2020, see s. 417(9)

93 (1) Section 317 (certificates of conviction for purposes of sections 313 and 314) is amended as follows. E+W

[F54 (2) In subsection (1)—

(a) for the words before “applies” substitute “Subsection (2)”;

(b) omit paragraph (c) (but not the word “or” at the end of it);

(c) in paragraph (d) omit “, or in any other member State,”.]

[F55 (2A) after subsection (2) insert—

“(2A) Subsection (2B) applies where an offender has been convicted—

(a) in any member State of a corresponding drug trafficking offence, or

(b) in any member State of a corresponding domestic burglary offence.

(2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

(a) that the offender was convicted of that offence on the date of the conviction;

(b) that the offence was committed on a particular day, or over, or at some time during, a particular period.”.]

F56 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F57 (4) In subsection (4)—

(a) in the definition of “corresponding drug trafficking offence”, after “313(3)(b)” insert “or (3A)(a)”;

(b) in the definition of “corresponding domestic burglary offence”, after “314(3)(b)” insert “or (3A)(a)”.]

Textual Amendments

F54 Sch. 22 para. 93(2) substituted (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), 5(11)(a)

F55 Sch. 22 para. 93(2A) 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), 5(11)(b)

F56 Sch. 22 para. 93(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(c)

F57 Sch. 22 para. 93(4) substituted (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), 5(11)(d)

Commencement Information

I444 Sch. 22 para. 93 in force at 31.12.2020, see s. 417(9)

[F58 94 (1) Section 318 (offences under service law) is amended as follows. E+W

(2) In subsection (2) for “and (e)” substitute “and (3A)(b)”;

(3) In subsection (3)(a) for “and (e)” substitute “and (3A)(b)”.]

Textual Amendments

F58 Sch. 22 para. 94 substituted (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), 5(12)

Commencement Information

I445 Sch. 22 para. 94 in force at 31.12.2020, see s. 417(9)

95 (1) F59 ... Schedule 14 (extended sentences: the earlier offence condition: offences) F59 ... is amended as follows. E+W

[F60 (2) In paragraph 18, for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;]

(3) Omit paragraphs 19 and 20.

(4) In the heading [F61 of Part 3], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F62 (5) After Part 3 insert—

“Part 3A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

20A. A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20B. A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.”

(6) In Part 4, after paragraph 21 insert—

“22. In this Schedule—

• “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F59 Words in Sch. 22 para. 95(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(13)(a)

F60 Sch. 22 para. 95(2) substituted (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), 5(13)(b)

F61 Words in Sch. 22 para. 95(4) 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), 5(13)(c)

F62 Sch. 22 para. 95(5)(6) 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), 5(13)(d)

Commencement Information

I446 Sch. 22 para. 95 in force at 31.12.2020, see s. 417(9)

96 (1) Schedule 15 (life sentence for second offence: listed offences), F63 ... is amended as follows. E+W

[F64 (2) In paragraph 20—

(a) for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

(b) omit “This is subject to paragraph 23”.]

(3) Omit paragraphs 21 to 23.

(4) In the heading [F65 of Part 4], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F66 (5) After Part 4 insert—

“Part 4A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

23A. If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

(a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

(b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B. Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

(b) with the omission of paragraphs 23A(b).”

(6) In paragraph 24(1) of Part 5 insert—

• ““civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F63 Words in Sch. 22 para. 96(1) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(14)(a)

F64 Sch. 22 para. 96(2) substituted (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), 5(14)(b)

F65 Words in Sch. 22 para. 96(4) 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), 5(14)(c)

F66 Sch. 22 para. 96(5)(6) 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), 5(14)(d)

Commencement Information

I447 Sch. 22 para. 96 in force at 31.12.2020, see s. 417(9)

97 E+W Omit paragraphs 16 to [F67 18] of this Schedule (which make amendments relating to offences in other member States).

Textual Amendments

F67 Word in Sch. 22 para. 97 substituted (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), 5(15)

Commencement Information

I448 Sch. 22 para. 97 in force at 31.12.2020, see s. 417(9)

[F68 97A. E+W In paragraph 19 of this Schedule (which makes amendments to section 397A (offenders fined at least three times: interpretation)), after sub-paragraph (1) insert—

“(1A) After subsection (3) insert—

(3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.”.]

Textual Amendments

F68 Sch. 22 para. 97A 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), 5(16)

Commencement Information

I449 Sch. 22 para. 97A in force at 31.12.2020, see s. 417(9)

Prospective

PART 7 E+W Miscellaneous

98 E+W In section 354 (offence: breach of sexual harm prevention order), for subsection (2) substitute—

“(2) See the following provisions for offences in Scotland and Northern Ireland of [F69 breaching such an order]—

(a) section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22);

(b) section 113 of the Sexual Offences Act 2003.”

Textual Amendments

F69 Words in Sch. 22 para. 98 substituted (29.11.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 175(7), 208(1); S.I. 2022/1227, reg. 3(h)

99 E+W In section 379 (other behaviour orders), in subsection (1), at the end insert—

“Offensive Weapons Act 2019
section 19	knife crime prevention order	any offence.”

100 E+W In section 396 (execution of process between England and Wales and Scotland), at the appropriate place insert— “ section 93(4) (failure of parent or guardian to comply with order under section 90); ”.

Prospective

PART 8 E+W Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment

Mental Health Act 1983 (c. 20) E+W

101 (1) Section 37 of the Mental Health Act 1983 F70 ..., is further amended as follows. E+W

(2) In subsection (1A) omit “ [F71 268A, 273], 274, [F72 274A,] ”.

(3) In subsection (1B) [F73 —

(a) in paragraph (aa), omit “section 268A or” and “282B(2) or”;

(b)] omit paragraph (b).

Textual Amendments

F70 Words in Sch. 22 para. 101(1) omitted (29.6.2021) by virtue of Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(n)(i)

F71 Words in Sch. 22 para. 101(2) substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(n)(ii)

F72 Word in Sch. 22 para. 101(2) inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 3(15)(c), 208(5)(b)

F73 Words in Sch. 22 para. 101(3) inserted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(n)(iii)

Road Traffic Offenders Act 1988 (c. 53) E+W

102 E+W In section 35A(4) of the Road Traffic Offenders Act 1988 F74 ...—

(a) in paragraph (e) omit “266 or” and “266(a) or”;

[F75 (aa) in paragraph (fza) omit “266(a) or”;]

(b) in paragraph (fa) omit “265 or” and “265(2)(a) or”.

[F76 (c) in paragraph (fb) omit “268A or” and “268C(2) or”.]

Textual Amendments

F74 Words in Sch. 22 para. 102 omitted (28.4.2022) by virtue of Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(c)(i), 208(4)(q)

F75 Sch. 22 para. 102(aa) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(c)(ii), 208(4)(q)

F76 Sch. 22 para. 102(c) inserted (28.4.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), ss. 140(4)(c)(iii), 208(4)(q)

Section 409

SCHEDULE 23 E+W+N.I. Powers to amend the Sentencing Code

PART 1 E+W General provisions

Seriousness: list of offences in which terrorist connection to be considered E+W

1 (1) The Secretary of State may by regulations amend Schedule 1 (offences where terrorist connection to be considered). E+W

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsection (6)(b) of section 407 (power to make different provision for different areas) does not apply to the power conferred by this paragraph.

Commencement Information

I450 Sch. 23 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Orders for conditional discharge

2 (1) The Secretary of State may by regulations amend subsection (5) of section 80 by substituting such period as may be specified in the regulations for the maximum period for the time being specified in that subsection. E+W

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I451 Sch. 23 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Referral orders

Power to amend descriptions of offender for certain purposes connected with referral orders E+W

3 (1) The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made. E+W

(2) The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.

(3) Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—

(a) the offender's age,

(b) how the offender has pleaded,

(c) the offence (or offences) of which the offender has been convicted,

(d) the offender's previous convictions (if any),

(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court, and

(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I452 Sch. 23 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to alter amount of fine in respect of referral order on referral back to court E+W

4 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 9(3) of Schedule 4 (power to impose fine where offender fails to comply with youth offender contract). E+W

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I453 Sch. 23 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Fines and compensation orders

Standard scale E+W

5 (1) The Secretary of State may by regulations amend section 122 so as to provide for such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date to have effect in place of any sum for the time being specified as a level on the standard scale, in relation to offences committed after the regulations come into force. E+W

(2) In sub-paragraph (1), the “relevant date” means—

(a) 1 October 1992, or

(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph or paragraph 6, the date of those regulations.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I454 Sch. 23 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 (1) The Secretary of State may by regulations amend section 122 so as to provide for such sums as the Secretary of State considers appropriate to have effect in place of the sums for the time being specified as levels 1 to 4 on the standard scale in relation to offences committed after the regulations come into force. E+W

(2) Regulations under this paragraph may not alter the ratio of one of those levels to another.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

(4) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I455 Sch. 23 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to alter limits on fines and compensation orders etc in magistrates' court E+W

7 (1) The Secretary of State may by regulations substitute, for a sum for the time being specified in any of the following provisions, such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date, in relation to offences committed after the regulations come into force— E+W

section 123	limit on magistrates' court fine for young offender
section 129	limit on term in default of payment of fine
section 139	limit on magistrates' court compensation order for young offender
section 376(2)(b) or (8)	limits on recognizance for parent or guardian of young offender, or fine for unreasonable refusal to enter into recognizance
paragraph 2(2)(a) of Schedule 5	limit on fine on breach of requirement of reparation order

(2) In sub-paragraph (1), the “relevant date” means—

(a) 1 October 1992, or

(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph, the date of those regulations.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I456 Sch. 23 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W+N.I. Youth rehabilitation orders

Responsible officer E+W

8 (1) The Secretary of State may by regulations— E+W

(a) amend section 191 (meaning of “the responsible officer”), and

(b) make any other amendments of—

(i) Chapter 1 of Part 9 (youth rehabilitation orders), or

(ii) any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),

that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

(2) Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I457 Sch. 23 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend limits E+W

9 (1) The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in either of the following provisions of Schedule 6 (youth rehabilitation order: requirements)— E+W

(a) paragraph 10(3) (unpaid work requirement), or

(b) paragraph 18(4) (curfew requirement).

(2) The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—

(a) paragraph 18(5) (curfew requirement);

(b) paragraph 20(3) (exclusion requirement);

(c) paragraph 24(4)(a) (local authority residence requirement);

(d) paragraph 26(3)(a) (fostering requirement).

(3) Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Modifications etc. (not altering text)

C52 Sch. 23 para. 9 applied (with modifications) by 2008 c. 4, s. 39(6)(e), Sch 7 (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 266(5), 270 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I458 Sch. 23 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend fines for breach of youth rehabilitation order E+W

10 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) 3 December 2012, or

(b) if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I459 Sch. 23 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Maximum period of fostering requirement where imposed by virtue of Schedule 7 E+W

11 (1) The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 by substituting, for— E+W

(a) the period of 18 months specified in the provision, or

(b) any other period which may be so specified by virtue of previous regulations under this paragraph,

such other period as may be specified in the regulations.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I460 Sch. 23 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland E+W+N.I.

12 (1) This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction. E+W+N.I.

(2) The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I461 Sch. 23 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Community requirements

Power to amend limits E+W

13 (1) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in— E+W

(a) paragraph 2(1) of Schedule 9 (unpaid work requirement), or

(b) paragraph 9(4) of that Schedule (curfew requirement).

(2) The Secretary of State may by regulations substitute any period of time for the time being specified in—

(a) paragraph 9(5) of Schedule 9 (curfew requirement);

(b) paragraph 11(4) of that Schedule (exclusion requirement);

(c) paragraph 25(4)(b) of that Schedule (alcohol abstinence and monitoring requirement).

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Modifications etc. (not altering text)

C53 Sch. 23 para. 13 extended by 2006 c. 52, Sch. 6 para. 8 (as amended) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(9) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I462 Sch. 23 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Community orders

Breach of community order: power to amend amounts of fines E+W

14 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (breach etc of community order). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (as the case may be) has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I463 Sch. 23 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 8 E+W Custodial sentences

Detention and training orders: end of period of supervision E+W

15 (1) Subject to sub-paragraphs (2) and (3), the Secretary of State may by regulations amend section 242 (detention and training order: period of supervision) as it has effect for the time being so as to alter the point at which the period of supervision of a detention and training order is to end. E+W

(2) The period of supervision must end no later than the end of the term of the order.

(3) Regulations under this paragraph may not include provision about cases in which—

(a) the offender is aged 18 or over at the half-way point of the term of the detention and training order, and

(b) the order was made in respect of an offence committed on or after 1 February 2015.

(4) Expressions used in this paragraph and sections 233 to 237 have the same meanings in this paragraph as in those sections.

(5) For the purposes of sub-paragraph (3)(b), where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

(6) Regulations under this paragraph are subject to the affirmative resolution procedure.

(7) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Commencement Information

I464 Sch. 23 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offenders of particular concern: listed offences E+W

16 (1) The Secretary of State may by regulations amend Schedule 13 by— E+W

(a) adding offences, or

(b) varying or omitting offences listed in the Schedule.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I465 Sch. 23 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Suspended sentence order: power to amend amounts of fines E+W

17 (1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 13(1)(c) of Schedule 16 to the Code (breach etc of community requirement of suspended sentence order or conviction of further offence). E+W

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 13(1)(c) of Schedule 16 to the Code has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Commencement Information

I466 Sch. 23 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Power to exclude application of minimum sentences to those under 18 E+W

18 (1) The Secretary of State may by regulations— E+W

(a) amend section 311(1)(b) (minimum sentence for certain offences involving firearms that are prohibited weapons) by substituting for the word “16” the word “18”;

(b) repeal section 252(1)(b) (maximum sentence of detention in case where minimum sentence required under section 311).

(2) Regulations under this paragraph may make such other provision as the Secretary of State considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(3) Regulations under this paragraph may make provision in relation to offences even if committed, or the offender was convicted, before the regulations come into force.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I467 Sch. 23 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Determining minimum term of mandatory life sentence E+W

19 (1) The Lord Chancellor may by regulations amend Schedule 21. E+W

(2) Before making regulations under sub-paragraph (1), the Lord Chancellor must consult the Sentencing Council for England and Wales.

(3) Regulations under this paragraph may not have effect in relation to any offence committed before the regulations come into force.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Commencement Information

I468 Sch. 23 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 410

SCHEDULE 24 E+W Consequential amendments

PART 1 E+W Acts of Parliament

Children and Young Persons Act 1933 (c. 12) E+W

1 E+W In section 34(7B) of the Children and Young Persons Act 1933—

(a) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ section 173 of the Sentencing Code ”;

(b) for “section 4 of that Act” substitute “ section 191 of that Code ”.

Commencement Information

I469 Sch. 24 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 (1) Section 49 of that Act is amended as follows. E+W

(2) In subsection (2)(c), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.

(3) In subsection (4A)—

(a) in paragraph (d), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;

(b) in paragraph (e), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”.

(4) In subsection (10), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.

(5) In subsection (11)—

(a) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(b) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(c) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I470 Sch. 24 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) Section 58 of that Act is amended as follows. E+W

(2) After the first paragraph (a) insert—

“(aa) a child or young person sentenced to be detained under section 250 of the Sentencing Code with respect to whom the Secretary of State is authorised to give directions under section 260 of that Code; or”.

(3) In the second paragraph (a), before “section 91” insert “ section 250 or ”.

Commencement Information

I471 Sch. 24 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prison Act 1952 (c. 52) E+W

4 E+W In section 13(2) of the Prison Act 1952, after “or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 271, 276 or 329 of the Sentencing Code ”.

Commencement Information

I472 Sch. 24 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W In section 49(5)(c) of that Act, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I473 Sch. 24 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prevention of Crime Act 1953 (c. 14) E+W

6 E+W In section 1 of the Prevention of Crime Act 1953, after subsection (2) insert—

“(2ZA) See section 315 of the Sentencing Code for provision about the sentence which the court may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”

Commencement Information

I474 Sch. 24 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 E+W In section 1A of that Act, after subsection (4) insert—

“(4A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.”

Commencement Information

I475 Sch. 24 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Copyright Act 1956 (c. 74) E+W

8 E+W In section 21 of the Copyright Act 1956, for subsection (7C) substitute—

“(7C) In subsection (7A) of this section “the standard scale”—

(a) in relation to England and Wales and Northern Ireland, has the meaning given by section 122 of the Sentencing Code;

(b) in relation to Scotland, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995.

For the purposes of paragraph (a), section 122 of the Sentencing Code, and regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 which alter the sums specified in that section, shall extend to Northern Ireland.”

Commencement Information

I476 Sch. 24 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Appeal Act 1968 (c. 19) E+W

9 E+W In section 9(1A) of the Criminal Appeal Act 1968—

(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;

(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.

Commencement Information

I477 Sch. 24 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W In section 10(2)(b) of that Act—

(a) in sub-paragraph (ii), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of that Code ”.

Commencement Information

I478 Sch. 24 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 E+W After section 30A of that Act insert—

“30B Criminal courts charge

The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Court of Appeal—

(a) when dismissing an appeal under this Part of this Act by a person convicted of an offence against the person's conviction or sentence for the offence;

(b) when dismissing an application for leave to bring such an appeal.”

Commencement Information

I479 Sch. 24 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W In section 50(1A) of that Act, for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.

Commencement Information

I480 Sch. 24 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 E+W In Schedule 2 to that Act, in paragraph 2(4), after “Sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.

Commencement Information

I481 Sch. 24 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Court Martial Appeals Act 1968 (c. 20) E+W

14 E+W In section 8(1ZA) of the Court Martial Appeals Act 1968—

(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;

(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.

Commencement Information

I482 Sch. 24 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms Act 1968 (c. 27) E+W

15 (1) Section 21 of the Firearms Act 1968 is amended as follows. E+W

(2) In subsection (2A)(c)(ii), after “section 104 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3 of Schedule 12 to the Sentencing Code ”.

(3) In subsection (2C)(b), after “section 189 of the Criminal Justice Act 2003” insert “ or section 264 or 277 of the Sentencing Code ”.

(4) In subsection (3ZA)(a)—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

Commencement Information

I483 Sch. 24 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

16 (1) Section 51A of that Act is amended as follows. E+W

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (5) apply ”;

(b) in paragraph (a), after “convicted” insert “ in Scotland ”.

(3) After subsection (5) insert—

“(6) For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.”

Commencement Information

I484 Sch. 24 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 E+W In section 52(1A)(a) of that Act—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

Commencement Information

I485 Sch. 24 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Health Services and Public Health Act 1968 (c. 46) E+W

18 E+W In section 64(3)(a) of the Health Services and Public Health Act 1968—

(a) in sub-paragraph (xxi), before “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ section 260 of the Sentencing Code or ”;

(b) in sub-paragraph (xxii), before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.

Commencement Information

I486 Sch. 24 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 E+W In section 65(3)(b)(xxii) of that Act, before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.

Commencement Information

I487 Sch. 24 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Civil Evidence Act 1968 (c. 64) E+W

20 E+W In section 11(5)(a) of the Civil Evidence Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I488 Sch. 24 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Social Work (Scotland) Act 1968 (c. 49) E+W

21 E+W In section 94(1) of the Social Work (Scotland) Act 1968, in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I489 Sch. 24 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70) E+W

22 E+W In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I490 Sch. 24 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children and Young Persons Act 1969 (c. 54) E+W

23 E+W In section 30(1) of the Children and Young Persons Act 1969, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.

Commencement Information

I491 Sch. 24 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 (1) Section 32 of that Act is amended as follows. E+W

(2) In subsection (1A)—

(a) in paragraph (a), for the words after “has been taken under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or ”;

(b) in paragraph (b)(i), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(c) in paragraph (b)(ii), for the words after “has been remanded under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or ”.

(3) In subsection (1C)—

(a) in paragraph (a), for the words after “made the arrangements under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; ”;

(b) in paragraph (b), for “paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24(3)(b) of Schedule 6 to the Sentencing Code ”;

(c) in paragraph (c), for the words after “designated under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; ”.

(4) In subsection (1D)(b), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 191 of the Sentencing Code ”.

(5) In subsection (1E)(b), for “paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 26(2)(b) of Schedule 6 to the Sentencing Code ”.

Commencement Information

I492 Sch. 24 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 E+W In section 70(1) of that Act—

(a) in the definition of “local authority residence requirement”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code ”;

(b) in the definition of “youth rehabilitation order” and “youth rehabilitation order with fostering”, for “the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act)” substitute “ the meanings given by sections 173 and 176 of the Sentencing Code ”.

Commencement Information

I493 Sch. 24 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Administration of Justice Act 1970 (c. 31) E+W

26 (1) Schedule 9 to the Administration of Justice Act 1970 is amended as follows. E+W

(2) In paragraph 9A, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

(3) In paragraph 10, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(4) In paragraph 12, for “section 137 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 380 of the Sentencing Code ”.

(5) In paragraph 12A, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I494 Sch. 24 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Misuse of Drugs Act 1971 (c. 38) E+W

27 (1) Section 4A of the Misuse of Drugs Act 1971 is amended as follows. E+W

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (8) apply ”;

(b) in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.

(3) After subsection (8) insert—

“(9) For the requirement for a court in England and Wales considering the seriousness of an offence under section 4(3) of this Act to treat certain matters as aggravating factors, see section 71 of the Sentencing Code.”

Commencement Information

I495 Sch. 24 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Juries Act 1974 (c. 23) E+W

28 (1) Schedule 1 to the Juries Act 1974 is amended as follows. E+W

(2) In paragraph 6(d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(3) In paragraph 7(b), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I496 Sch. 24 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Consumer Credit Act 1974 (c. 39) E+W

29 E+W In section 119(2) of the Consumer Credit Act 1974, for “section 148 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.

Commencement Information

I497 Sch. 24 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Solicitors Act 1974 (c. 47) E+W

30 E+W In section 43(7) of the Solicitors Act 1974, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I498 Sch. 24 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Rehabilitation of Offenders Act 1974 (c. 53) E+W

31 (1) Section 1 of the Rehabilitation of Offenders Act 1974 is amended as follows. E+W

(2) In subsection (3)—

(a) in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”;

(b) in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “ or section 46 of the Sentencing Code ”.

(3) In subsection (4), for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I499 Sch. 24 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

32 (1) Section 5 of that Act, as it extends to England and Wales, is amended as follows. E+W

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (7)(e), after “section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3(2) of Schedule 12 to the Sentencing Code ”.

(5) In subsection (8)—

(a) in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;

(c) in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 250 of the Sentencing Code ”;

(d) in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ within the meaning given by section 233 of the Sentencing Code ”;

(e) in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 6 of the Sentencing Code ”;

(f) in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 6 of the Sentencing Code ”.

Commencement Information

I500 Sch. 24 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

33 (1) Section 5 of that Act, as it extends to Scotland, is amended— E+W

(a) if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before [F77 1 December 2020], as set out in sub-paragraphs (2) and (3);

(b) if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (2), in Table B, in the fourth entry, after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

(5) In subsection (4A), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

(6) In subsection (4B)—

(a) in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 1 of Part 6 of the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(7) In subsection (4C)—

(a) in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 15 of Schedule 4 to the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(8) In subsection (5)(da), after “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ or Chapter 1 of Part 9 of the Sentencing Code ”.

(9) In subsection (6A), after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code, ”.

(10) In subsection (9)(b), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

Textual Amendments

F77 Words in Sch. 24 para. 33(1)(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(7)(a)

Commencement Information

I501 Sch. 24 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

34 E+W In section 7(2)(d) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I502 Sch. 24 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Bail Act 1976 (c. 63) E+W

35 E+W In section 2(2) of the Bail Act 1976—

(a) in the definition of “custodial sentence”, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”;

(b) in the definition of “probation hostel”, for “by a community order under section 177 of the Criminal Justice Act 2003” substitute “ by a community order under Chapter 2 of Part 9 of the Sentencing Code ”;

(c) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(d) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(e) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I503 Sch. 24 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

36 E+W In section 4(3) of that Act—

(a) in paragraph (za), for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;

(b) in paragraph (zb), for “Schedule 8 to that Act” substitute “ Schedule 5 to that Code ”;

(c) in paragraph (a), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”;

(d) in paragraph (b), for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to that Code ”.

Commencement Information

I504 Sch. 24 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

37 (1) Schedule 1 to that Act is amended as follows. E+W

(2) In paragraph 6B(1)(b) of Part 1, for sub-paragraph (ii) substitute—

“(ii) under section 34A of the Sentencing Code (pre-sentence drug testing),”.

(3) In paragraph 4 of Part 3, in the definition of “default”, for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to the Sentencing Code ”.

Commencement Information

I505 Sch. 24 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Law Act 1977 (c. 45) E+W

38 E+W In section 3(1) of the Criminal Law Act 1977, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.

Commencement Information

I506 Sch. 24 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interpretation Act 1978 (c. 30) E+W

39 (1) Schedule 1 to the Interpretation Act 1978 is amended as follows. E+W

(2) At the appropriate place insert—

““The Sentencing Code” means the code contained in the Sentencing Act 2020 (see section 1 of that Act).”

(3) In paragraph (a) of the definition of “The standard scale”, for “has the meaning given by section 37 of the Criminal Justice Act 1982” substitute “ has the meaning given by section 122 of the Sentencing Code (or, in the case of an offence of which the offender was convicted before that Act came into force, section 37 of the Criminal Justice Act 1982) ”.

Commencement Information

I507 Sch. 24 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Ancient Monuments and Archaeological Areas Act 1979 (c. 46) E+W

40 E+W In section 5(2)(a) of the Ancient Monuments and Archaeological Areas Act 1979, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I508 Sch. 24 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

41 E+W In section 29 of that Act, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I509 Sch. 24 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32) E+W

42 E+W In section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

Commencement Information

I510 Sch. 24 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Magistrates' Courts Act 1980 (c. 43) E+W

43 E+W In section 11(3) of the Magistrates' Courts Act 1980 (“the MCA 1980”), for “paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justice Act 2003” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.

Commencement Information

I511 Sch. 24 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

44 E+W In section 17A(4)(b) of the MCA 1980—

(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

Commencement Information

I512 Sch. 24 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

45 E+W In section 17D(2)(b) of the MCA 1980, for “sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 14 and 18 of the Sentencing Code ”.

Commencement Information

I513 Sch. 24 para. 45 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

46 E+W In section 20(2)(c) of the MCA 1980—

(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

Commencement Information

I514 Sch. 24 para. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

47 (1) Section 20A of the MCA 1980 is amended as follows. E+W

(2) In subsection (2), for “sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 15(4), 18(8) and 21(6) of the Sentencing Code ”.

(3) In subsection (6), for “the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.

Commencement Information

I515 Sch. 24 para. 47 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

48 E+W In section 24(3) of the MCA 1980, for “section 89(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227(1) of the Sentencing Code ”.

Commencement Information

I516 Sch. 24 para. 48 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

49 E+W In section 24A(5)(b) of the MCA 1980—

(a) for “section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;

(b) for “under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section” substitute “ under section 16 or 17 of that Act if the court is of such opinion as is mentioned in section 16(1)(c) or (if applicable) section 17(1)(b) ”.

Commencement Information

I517 Sch. 24 para. 49 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

50 (1) Section 81 of the MCA 1980 is amended as follows. E+W

(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

(3) In subsection (8), in the definition of “sum adjudged to be paid by a conviction”, for “an order under section 130 of the said Act of 2000 (compensation orders)” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) ”.

Commencement Information

I518 Sch. 24 para. 50 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

51 E+W In section 82(1A) of the MCA 1980—

(a) in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;

(b) in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of that Code ”.

Commencement Information

I519 Sch. 24 para. 51 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

52 E+W In section 85(3A)(b) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I520 Sch. 24 para. 52 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

53 E+W In section 91(3) of the MCA 1980, for “section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132(1) of the Sentencing Code ”.

Commencement Information

I521 Sch. 24 para. 53 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

54 (1) Section 108 of the MCA 1980 is amended as follows. E+W

(2) In subsection (1A), for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.

(3) In subsection (4), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

(4) In subsection (5), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I522 Sch. 24 para. 54 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

55 E+W In section 113(3) of the MCA 1980 as amended by the Sentencing (Pre-consolidation Amendments) Act 2020, for “section 3, 3A, 3B or 3C of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14, 15, 16 or 17 of the Sentencing Code ”.

Commencement Information

I523 Sch. 24 para. 55 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

56 E+W In section 121(5A) of the MCA 1980—

(a) in paragraph (d), for “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (e), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”;

(c) in paragraph (h), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I524 Sch. 24 para. 56 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

57 E+W In section 125D(3)(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.

Commencement Information

I525 Sch. 24 para. 57 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

58 E+W In section 126(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.

Commencement Information

I526 Sch. 24 para. 58 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

59 E+W In section 133(1) of the MCA 1980, for “section 265 of the Criminal Justice Act 2003” substitute “ section 225 of the Sentencing Code ”.

Commencement Information

I527 Sch. 24 para. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

60 E+W In section 139(aa) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I528 Sch. 24 para. 60 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55) E+W

61 E+W In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (bb)(v) of Part 2, after “within the meaning of section 177 of the Criminal Justice Act 2003” insert “ or imposed under Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I529 Sch. 24 para. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Imprisonment (Temporary Provisions) Act 1980 (c. 57) E+W

62 E+W In section 6(1) of the Imprisonment (Temporary Provisions) Act 1980, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I530 Sch. 24 para. 62 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Public Passenger Vehicles Act 1981 (c. 14) E+W

63 E+W In Schedule 3 to the Public Passenger Vehicles Act 1981, in paragraph 1(6), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I531 Sch. 24 para. 63 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Attempts Act 1981 (c. 47) E+W

64 E+W In section 4(5)(b) of the Criminal Attempts Act 1981, for sub-paragraph (ii) substitute—

“(ii) in section 224(1) and (2) (general limit on magistrates' court's powers to impose imprisonment etc) of the Sentencing Code.”

Commencement Information

I532 Sch. 24 para. 64 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Contempt of Court Act 1981 (c. 49) E+W

65 E+W In section 12(5) of the Contempt of Court Act 1981, for “Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 123 of the Sentencing Code ”.

Commencement Information

I533 Sch. 24 para. 65 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

66 E+W In section 16(3) of that Act, for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

Commencement Information

I534 Sch. 24 para. 66 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

67 E+W In Schedule 1 to that Act, in paragraph 6, for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

Commencement Information

I535 Sch. 24 para. 67 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Senior Courts Act 1981 (c. 54) E+W

68 E+W After section 52 of the Senior Courts Act 1981 insert—

“52A Appeals to Crown Court: criminal courts charge

The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Crown Court when dismissing an appeal by a person convicted of an offence against conviction or sentence for the offence.”

Commencement Information

I536 Sch. 24 para. 68 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

69 (1) Section 140 of that Act is amended as follows. E+W

(2) In subsection (3), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

(3) In subsection (5), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

Commencement Information

I537 Sch. 24 para. 69 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1982 (c. 48) E+W

70 E+W In section 32(1A) of the Criminal Justice Act 1982—

(a) in paragraph (d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (e), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”.

Commencement Information

I538 Sch. 24 para. 70 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

71 E+W In section 46(3) of that Act—

(a) for “an order under section 143 of the Magistrates' Courts Act 1980 alters the sums specified in section 37(2) above” substitute “ regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 alter the sums specified in section 122(1) of the Sentencing Code ”;

(b) for “the order” substitute “ the regulations ”.

Commencement Information

I539 Sch. 24 para. 71 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

72 (1) Schedule 13 to that Act is amended as follows. E+W

(2) In paragraph 7—

(a) in sub-paragraph (1), in sub-paragraph (b) of the substituted text—

(i) for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(ii) for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(b) in sub-paragraph (3)(b), for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(c) in sub-paragraph (4)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part 9 ”.

(3) In paragraph 9—

(a) in sub-paragraph (3)(a), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in sub-paragraph (3)(aa), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(c) in sub-paragraph (6)(b)(i)—

(i) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(ii) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(4) In paragraph 10—

(a) in the definition of “community order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I540 Sch. 24 para. 72 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Mental Health Act 1983 (c. 20) E+W

73 (1) Section 37 of the Mental Health Act 1983 is amended as follows. E+W

(2) In subsection (1A), for the words from “imposed” to “nothing” substitute “ imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing ”.

(3) For subsection (1B) substitute—

“(1B) For the purposes of subsection (1A) above—

(a) a sentence falls to be imposed under section 258 of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code;

(b) a sentence falls to be imposed under section 273 or 274 of that Code if the court is obliged by that section to pass a sentence of custody for life;

(c) a sentence falls to be imposed under section 283 or 285 of that Code if the court is obliged by that section to pass a sentence of imprisonment for life;

(d) a sentence falls to be imposed under Chapter 7 of Part 10 of that Code if it is required by section 311(2), 312(2), 313(2), 314(2) or 315(2) of that Code and the court is not of the opinion there mentioned.”

(4) In subsection (8)(a)—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

(5) In subsection (8)(b), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83 of that Code ”.

(6) In subsection (8)(c), for “section 150 of that Act” substitute “ section 376 of that Code ”.

Commencement Information

I541 Sch. 24 para. 73 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

74 E+W In section 43(4) of that Act, for “section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or 16 of the Sentencing Code ”.

Commencement Information

I542 Sch. 24 para. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Child Abduction Act 1984 (c. 37) E+W

75 E+W In the Schedule to the Child Abduction Act 1984, in paragraph 2(1)—

(a) for paragraph (a) substitute—

“(a) detained in a place of safety under paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;”;

(b) for paragraph (b) substitute—

“(b) remanded to local authority accommodation under paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;”.

Commencement Information

I543 Sch. 24 para. 75 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Police and Criminal Evidence Act 1984 (c. 60) E+W

76 E+W In section 17(1)(cb)(ii) of the Police and Criminal Evidence Act 1984, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.

Commencement Information

I544 Sch. 24 para. 76 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

77 E+W In section 38(6A) of that Act, in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I545 Sch. 24 para. 77 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

78 E+W In section 63A(3B) of that Act, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code, ”.

Commencement Information

I546 Sch. 24 para. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

79 E+W In section 63K(6)(a) of that Act, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.

Commencement Information

I547 Sch. 24 para. 79 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

80 E+W In section 75(3)(a) of that Act—

(a) after “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 82 of the Sentencing Code ”;

(b) omit “probation or”.

Commencement Information

I548 Sch. 24 para. 80 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prosecution of Offences Act 1985 (c. 23) E+W

81 E+W In section 3(2) of the Prosecution of Offences Act 1985—

(a) in paragraph (fa), for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ Chapter 1 of Part 11 of the Sentencing Code ”;

(b) in paragraph (fb)—

(i) for “applications under section 27 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ applications under section 336 of the Sentencing Code ”;

(ii) for “section 22 of that Act” substitute “ Chapter 1 of Part 11 of that Code ”.

Commencement Information

I549 Sch. 24 para. 81 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

82 E+W In section 7A(5) of that Act, in the definition of “preventative civil orders”—

(a) in paragraph (b), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”;

(b) in paragraph (c), after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.

Commencement Information

I550 Sch. 24 para. 82 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

83 (1) Section 19(3C) of that Act is amended as follows. E+W

(2) For the definition of “community order” substitute—

““community order” has the meaning given by section 200 of the Sentencing Code;”.

(3) In the definition of “mental health treatment requirement”—

(a) in paragraph (a), for “under section 207 of the Criminal Justice Act 2003” substitute “ within the meaning given by paragraph 16 of Schedule 9 to the Sentencing Code ”;

(b) in paragraph (b), for “under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ within the meaning given by paragraph 28 of Schedule 6 to that Code ”.

(4) In the definition of “youth rehabilitation order”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.

Commencement Information

I551 Sch. 24 para. 83 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Housing Act 1985 (c. 68) E+W

84 E+W In section 84A(5) of the Housing Act 1985, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert “ or section 339 of the Sentencing Code ”.

Commencement Information

I552 Sch. 24 para. 84 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

85 E+W In Schedule 3 to that Act, under Ground 2A, in the definition of “relevant order”, for “an order under section 22 of that Act” substitute “ a criminal behaviour order within the meaning given by section 330 of the Sentencing Code ”.

Commencement Information

I553 Sch. 24 para. 85 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Surrey Act 1985 (c. iii) E+W

86 E+W In section 2(1) of the Surrey Act 1985, in the definition of “the standard scale”, for “section 37 (3) of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.

Commencement Information

I554 Sch. 24 para. 86 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Clwyd County Council Act 1985 (c. xliv) E+W

87 E+W In section 2(1) of the Clwyd County Council Act 1985, in the definition of “the standard scale”, for “section 37 of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.

Commencement Information

I555 Sch. 24 para. 87 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Insolvency Act 1986 (c. 45) E+W

88 E+W In section 281(4A) of the Insolvency Act 1986, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I556 Sch. 24 para. 88 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 (c. 33) E+W

89 (1) Section 36 of the Criminal Justice Act 1988 is amended as follows. E+W

(2) In subsection (2), for paragraph (b) substitute—

“(b) failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.”

(3) In subsection (3A), for “an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)” substitute “ a minimum term order made under section 321 of the Sentencing Code in respect of an offence the sentence for which is fixed by law ”.

(4) In subsection (9)—

(a) for paragraphs (aa) to (ac) substitute—

“(aa) subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted

“impose a sentence required by—

(i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,

(ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,

(iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or

(iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;””;

(b) in paragraph (c), for “an order specified in subsection (3B)” substitute “ a minimum term order made under section 321 of the Sentencing Code ”;

(c) omit paragraph (d) and the preceding “and”.

Commencement Information

I557 Sch. 24 para. 89 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

90 E+W In section 139 of that Act, after subsection (6) insert—

“(6ZA) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”

Commencement Information

I558 Sch. 24 para. 90 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

91 E+W In section 139A of that Act, before subsection (6) insert—

“(5ZB) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”

Commencement Information

I559 Sch. 24 para. 91 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

92 E+W In section 139AA of that Act, after subsection (6) insert—

“(6A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.”

Commencement Information

I560 Sch. 24 para. 92 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

93 E+W In section 159(1)(aa) of that Act, after “by the Crown Court under” insert “ section 39(7) or (8) of the Sentencing Code or ”.

Commencement Information

I561 Sch. 24 para. 93 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Firearms (Amendment) Act 1988 (c. 45) E+W

94 (1) Section 1 of the Firearms (Amendment) Act 1988 is amended as follows. E+W

(2) In subsection (4A)(bb), for “subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 1 of Schedule 20 to the Sentencing Code ”.

(3) After subsection (4A) insert—

“(4B) An order under subsection (4) which, by virtue of subsection (4A)(bb), amends paragraph 1 of Schedule 20 to the Sentencing Code may also—

(a) provide for section 311 to apply with modifications or exceptions, or

(b) provide for section 249 not to apply,

in relation to any provision added by the order to section 5(1) of the principal Act.”

Commencement Information

I562 Sch. 24 para. 94 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Copyright, Designs and Patents Act 1988 (c. 48) E+W

95 E+W In section 108(6) of the Copyright, Designs and Patents Act 1988, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Commencement Information

I563 Sch. 24 para. 95 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

96 E+W In section 199(6) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Commencement Information

I564 Sch. 24 para. 96 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Housing Act 1988 (c. 50) E+W

97 E+W In Schedule 2 to the Housing Act 1988, under Condition 3 of Ground 7A, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert or “ section 339 of the Sentencing Code ”.

Commencement Information

I565 Sch. 24 para. 97 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Road Traffic Act 1988 (c. 52) E+W

98 E+W In section 164(5) of the Road Traffic Act 1988, for “section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 168 of the Sentencing Code ”.

Commencement Information

I566 Sch. 24 para. 98 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Road Traffic Offenders Act 1988 (c. 53) E+W

99 (1) Section 26 of the Road Traffic Offenders Act 1988 is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), for “section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section” substitute “ section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section ”;

(b) in paragraph (b), for “section 10 of that Act” substitute “ section 28 of that Code ”.

(3) In subsection (2)(a), for “section 1” substitute “ Chapter 1 of Part 2 ”.

Commencement Information

I567 Sch. 24 para. 99 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

100 (1) Section 34 of that Act is amended as follows. E+W

(2) In subsection (4A), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.

(3) In subsection (4AA), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

Commencement Information

I568 Sch. 24 para. 100 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

101 (1) Section 35 of that Act is amended as follows. E+W

(2) In subsection (2A), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

(3) In subsection (5), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.

Commencement Information

I569 Sch. 24 para. 101 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

102 (1) Section 35A of that Act is amended as follows. E+W

(2) In subsection (4)—

(a) in paragraph (a), for “section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs)” substitute “ section 321(2) of the Sentencing Code (life sentence: minimum term order) ”;

(b) in paragraph (b), for “under section 100 of that Act” substitute “ within the meaning given by section 233 of that Code ”;

(c) in paragraph (e)—

(i) for “section 226A of the Criminal Justice Act 2003” substitute “ section 266 or 279 of that Code ”;

(ii) for “section 226A(5)(a) of that Act” substitute “ section 266(a) or 279(a) of that Code ”;

(d) in paragraph (f)—

(i) for “section 226B of that Act” substitute “ section 254 of that Code ”;

(ii) for “section 226B(3)(a) of that Act” substitute “ section 254(a) of that Code ”;

(e) in paragraph (fa)—

(i) for “section 236A of that Act” substitute “ section 265 or 278 of that Code ”;

(ii) for “section 236A(2)(a) of that Act” substitute “ section 265(2)(a) or 278(2)(a) of that Code ”;

(f) omit paragraph (g).

(3) In subsection (7)—

(a) at the end of paragraph (a) insert “ or ”;

(b) for paragraphs (b) and (c) substitute—

“(b) the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.”

(4) In subsection (11)—

(a) in the definition of “custodial sentence”, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”;

(b) in the definition of “suspended sentence”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.

Commencement Information

I570 Sch. 24 para. 102 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

103 E+W In section 37(1B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

Commencement Information

I571 Sch. 24 para. 103 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

104 E+W In section 42(3B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

Commencement Information

I572 Sch. 24 para. 104 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

105 (1) Section 46 of that Act is amended as follows. E+W

(2) In subsection (1), for “section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(4) of the Sentencing Code ”.

(3) In subsection (2), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.

Commencement Information

I573 Sch. 24 para. 105 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

106 E+W In section 47(2ZA) of that Act, for paragraph (c) substitute—

“(c) section 166 of the Sentencing Code.”

Commencement Information

I574 Sch. 24 para. 106 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Football Spectators Act 1989 (c. 37) E+W

107 E+W In section 14A(5) of the Football Spectators Act 1989, for “sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

Commencement Information

I575 Sch. 24 para. 107 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children Act 1989 (c. 41) E+W

108 (1) Section 21 of the Children Act 1989 is amended as follows. E+W

(2) In subsection (2)(c)—

(a) in sub-paragraph (ia), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;

(b) in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.

(3) For subsection (2A) substitute—

“(2A) In subsection (2)(c)(iii)—

• “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

• “youth rehabilitation order” has the meaning given by section 173 of that Code;

• “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.”

Commencement Information

I576 Sch. 24 para. 108 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

109 E+W In section 31(7)(b)(ii) of that Act, for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.

Commencement Information

I577 Sch. 24 para. 109 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

110 E+W In section 104 of that Act—

(a) in subsection (3A), after “(3BA)” insert “ , (3BB) ”.

(b) after subsection (3BA) insert—

“(3BB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.”

Commencement Information

I578 Sch. 24 para. 110 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

111 E+W In section 105(6)(ba) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I579 Sch. 24 para. 111 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

112 (1) Schedule A1 to that Act is amended as follows. E+W

(2) For Part 1 substitute—

“PART 1 E+W Unpaid work requirement

The responsible officer etc E+W

1 (1) For the purposes of this Part of this Schedule—

• “the responsible officer”, in relation to a relevant person, means the person who is for the time being responsible for discharging the functions conferred by this Part of this Schedule on the responsible officer in accordance with arrangements made by the Secretary of State;

• “relevant person”, in relation to an enforcement order, means a person subject to the order.

(2) The responsible officer must be an officer of a provider of probation services.

Obligations of responsible officer E+W

2 (1) This paragraph applies where an enforcement order is in force.

(2) The responsible officer must—

(a) make any arrangements that are necessary in connection with the requirements imposed by the order, and

(b) promote the relevant person's compliance with those requirements.

(3) Sub-paragraph (4) applies where—

(a) an enforcement order is in force, and

(b) an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer (as defined in section 35 of the Children Act 2004) is required under section 11M to report on matters relating to the order.

(4) The officer of the Service or the Welsh family proceedings officer (“the family officer”) may request the responsible officer to report to the family officer on such matters relating to the order as the family officer may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request.

Enforcement order to specify relevant person's home local justice area E+W

3 (1) An enforcement order must specify which local justice area is the relevant person's home local justice area.

(2) The area specified must be the local justice area in which the relevant person resides or will reside.

Requirement and obligation of relevant person E+W

3A (1) In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to—

(a) the work to be performed, and

(b) the times, during a period of 12 months, at which the person is to perform it.

(2) Sub-paragraph (1)(b) is subject to paragraphs 7 and 9.

(3) But the period of 12 months is not to run while the enforcement order is suspended under section 11J(9).

Number of hours of unpaid work to be specified in order E+W

3B (1) The number of hours which a person may be required to work under an unpaid work requirement—

(a) must be specified in the relevant order, and

(b) must, in aggregate, be—

(i) not less than 40, and

(ii) not more than 200.

(2) Sub-paragraph (3) applies where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement.

(3) The court may direct that the hours of work specified in any of those requirements is to be—

(a) concurrent with, or

(b) additional to,

those specified in any other of those orders.

But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)).

(4) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in sub-paragraph (1)(b).

Duty to keep in touch with responsible officer E+W

3C (1) This paragraph applies where an enforcement order is in force.

(2) The relevant person—

(a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the relevant person from time to time, and

(b) must notify the responsible officer of any change of address.

(3) An obligation imposed by sub-paragraph (2) is enforceable as if it were a requirement of the enforcement order.

Rules relating to enforcement orders E+W

3D The power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended sentence orders may also be exercised in relation to persons subject to enforcement orders.”

(3) In paragraph 6(2), for “section 199(2)(a) of the Criminal Justice Act 2003” substitute “ paragraph 3B(1)(b)(i) ”.

(4) In paragraph 7(2), for “section 200(2) of the Criminal Justice Act 2003 (as substituted by paragraph 3)” substitute “ paragraph 3A(1)(b) ”.

(5) In paragraph 8(8), “the same meaning as in section 197 of the Criminal Justice Act 2003 (as modified by paragraph 2)” substitute “ the meaning given by paragraph 1 ”.

(6) In paragraph 9(9)—

(a) for “section 199(2)(b) of the Criminal Justice Act 2003, as substituted by paragraph 3” substitute “ paragraph 3B(1)(b)(ii) ”;

(b) for “section 200(2) of the Criminal Justice Act 2003 (as substituted by paragraph 3)” substitute “ paragraph 3A(1)(b) ”.

Commencement Information

I580 Sch. 24 para. 112 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

113 E+W In Schedule 2 to that Act, in paragraph 21(7), at the end of paragraph (c) insert “ or section 260 of the Sentencing Code ”.

Commencement Information

I581 Sch. 24 para. 113 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

114 (1) Schedule 3 to that Act is amended as follows. E+W

(2) In paragraph 13(2)(c), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(3) In paragraph 14(1), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.

Commencement Information

I582 Sch. 24 para. 114 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

115 E+W In Schedule 8 to that Act, in paragraph 3(a), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I583 Sch. 24 para. 115 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Environmental Protection Act 1990 (c. 43) E+W

116 (1) Section 33B of the Environmental Protection Act 1990 is amended as follows. E+W

(2) In subsection (2), for “section 130(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 133(a) of the Sentencing Code ”.

(3) In subsection (5), for “the reference in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a reference in section 139(2) or (3) of the Sentencing Code ”.

Commencement Information

I584 Sch. 24 para. 116 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

117 E+W In section 33C(8) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Commencement Information

I585 Sch. 24 para. 117 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

118 E+W In section 59(8A), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.

Commencement Information

I586 Sch. 24 para. 118 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

119 E+W In section 59ZB(10), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.

Commencement Information

I587 Sch. 24 para. 119 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1991 (c. 53) E+W

120 (1) Section 24 of the Criminal Justice Act 1991 is amended as follows. E+W

(2) In subsection (3)(a), for “section 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132 of the Sentencing Code ”.

(3) In subsection (3A), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

(4) In subsection (4), in paragraph (ba) of the definition of “fine”, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I588 Sch. 24 para. 120 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

121 (1) In Schedule 3 to that Act, paragraph 11 is amended as follows. E+W

(2) In sub-paragraph (2)(b), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”.

(3) In sub-paragraph (2A)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(4) In sub-paragraph (4)—

(a) for “paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code ”;

(b) for “paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code ”.

(5) In sub-paragraph (5)—

(a) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(c) in paragraph (a), for “that Act” substitute “ that Part ”.

(6) In sub-paragraph (8)—

(a) for the definition of “community order” substitute—

““community order” has the meaning given by section 200 of the Sentencing Code;”;

(b) for the definition of “youth rehabilitation order” substitute—

““youth rehabilitation order” has the meaning given by section 173 of the Sentencing Code.”

Commencement Information

I589 Sch. 24 para. 121 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Social Security Administration Act 1992 (c. 5) E+W

122 E+W In section 121(2) of the Social Security Administration Act 1992, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.

Commencement Information

I590 Sch. 24 para. 122 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Aggravated Vehicle-Taking Act 1992 (c. 11) E+W

123 E+W In section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.

Commencement Information

I591 Sch. 24 para. 123 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9) E+W

124 E+W In section 1AB(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993—

(a) in paragraph (b)—

(i) after “section 31” insert “ of the Counter-Terrorism Act 2008 ”;

(ii) for “the Counter-Terrorism Act 2008” substitute “ that Act or section 69 of the Sentencing Code ”;

(b) in paragraph (c), after “that Act” insert “ or section 69 of that Code (as applied by section 238(6) of the Armed Forces Act 2006) ”.

Commencement Information

I592 Sch. 24 para. 124 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

125 (1) Section 10 of that Act is amended as follows. E+W

(2) In subsection (1), at the end of paragraph (a) insert “or

(iv) a minimum term order made under section 321 of the Sentencing Code applies;”.

(3) In subsection (5)(b), after “the Criminal Justice Act 2003,” insert “ section 321(2) of the Sentencing Code or ”.

Commencement Information

I593 Sch. 24 para. 125 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Vehicle Excise and Registration Act 1994 (c. 22) E+W

126 E+W In section 32(1)(a) of the Vehicle Excise and Registration Act 1994, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.

Commencement Information

I594 Sch. 24 para. 126 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

127 E+W In section 41(1)(a) of that Act, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.

Commencement Information

I595 Sch. 24 para. 127 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice and Public Order Act 1994 (c. 33) E+W

128 E+W In section 15 of the Criminal Justice and Public Order Act 1994, in the definition of “youth detention accommodation”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I596 Sch. 24 para. 128 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

129 E+W In section 25(5) of that Act, in paragraph (a) of the definition of “the relevant enactments”, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

Commencement Information

I597 Sch. 24 para. 129 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

130 E+W In section 136(7A) of that Act—

(a) for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;

(b) for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”.

Commencement Information

I598 Sch. 24 para. 130 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23) E+W

131 E+W In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in paragraph 3(3)(b), after “under section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Commencement Information

I599 Sch. 24 para. 131 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Procedure (Scotland) Act 1995 (c. 46) E+W

132 E+W In section 222(8) of the Criminal Procedure (Scotland) Act 1995, for “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 129 of the Sentencing Code ”.

Commencement Information

I600 Sch. 24 para. 132 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

133 (1) Schedule 13 to that Act is amended as follows. E+W

(2) In paragraph 5(3), for “an order made by the Secretary of State by virtue of section 215(3) of the 2003 Act” substitute “ regulations made by the Secretary of State by virtue of paragraph 31(2) of Schedule 9 to the Sentencing Code ”.

(3) In paragraph 7(1)—

(a) omit the definitions of “the 2003 Act” and “the 2008 Act”;

(b) in paragraph (a) of the definition of “corresponding order”, for “the meaning of Part 1 of the 2008 Act” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(c) in paragraph (b) of that definition, for “the meaning of Part 12 of the 2003 Act” substitute “ the meaning given by section 200 of that Code ”;

(d) in paragraph (a) of the definition of “relevant area” omit “(within the meaning given by section 7(1) of the 2008 Act)”;

(e) in paragraph (a) of the definition of “relevant service”, for “a youth offending team within the meaning given by section 7(1) of the 2008 Act” substitute “ a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams) ”;

(f) in paragraph (a) of the definition of “responsible officer”, for “section 4 of the 2008 Act” substitute “ section 191 of the Sentencing Code ”;

(g) in paragraph (b) of that definition, for “section 197 of the 2003 Act” substitute “ section 213 of that Code ”.

(4) After sub-paragraph (1) of paragraph 7 insert—

“(1A) For the purposes of the definition of “relevant area” in sub-paragraph (1), “local authority” means—

(a) in relation to England—

(i) a county council,

(ii) a district council whose district does not form part of an area that has a county council,

(iii) a London borough council, or

(iv) the Common Council of the City of London in its capacity as a local authority, and

(b) in relation to Wales—

(i) a county council, or

(ii) a county borough council.”

Commencement Information

I601 Sch. 24 para. 133 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

London Local Authorities Act 1995 (c. x) E+W

134 E+W In section 26(1) of the London Local Authorities Act 1995, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Commencement Information

I602 Sch. 24 para. 134 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Procedure and Investigations Act 1996 (c. 25) E+W

135 E+W In the Criminal Procedure and Investigations Act 1996, in the italic heading before section 58, at the end insert “ (Northern Ireland) ”.

Commencement Information

I603 Sch. 24 para. 135 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

136 (1) Section 58 of that Act is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), after “a court” insert “ in Northern Ireland ”;

(b) omit paragraph (b) and the preceding “or”.

(3) In subsection (2), in paragraphs (a) and (b), after “a court” insert “ in Northern Ireland ”.

(4) In subsection (9) omit paragraph (b).

Commencement Information

I604 Sch. 24 para. 136 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

137 E+W In section 59(1) of that Act, in paragraphs (a) and (b), for “Great Britain” substitute “ Northern Ireland ”.

Commencement Information

I605 Sch. 24 para. 137 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

138 E+W In section 79 of that Act, after subsection (3) insert—

“(3A) Sections 58 to 60 and section 61(1) to (3) extend only to Northern Ireland.”

Commencement Information

I606 Sch. 24 para. 138 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

139 E+W Omit sections 58 to 60 and section 61(1) to (3) of that Act except so far as they extend to Northern Ireland.

Commencement Information

I607 Sch. 24 para. 139 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

140 E+W In Schedule 4 to that Act omit paragraphs 23 and 24.

Commencement Information

I608 Sch. 24 para. 140 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Housing Act 1996 (c. 52) E+W

141 E+W In section 179(5) of the Housing Act 1996, in paragraph (g) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.

Commencement Information

I609 Sch. 24 para. 141 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Education Act 1996 (c. 56) E+W

142 (1) Section 562 of the Education Act 1996 is amended as follows. E+W

(2) In subsection (1A)(b)(i), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.

(3) In subsection (2)(b), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I610 Sch. 24 para. 142 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Social Security (Recovery of Benefits) Act 1997 (c. 27) E+W

143 E+W In Schedule 1 to the Social Security (Recovery of Benefits) Act 1997, in paragraph 2, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or Chapter 2 of Part 7 of the Sentencing Code, ”.

Commencement Information

I611 Sch. 24 para. 143 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Protection from Harassment Act 1997 (c. 40) E+W

144 E+W In section 5A of the Protection from Harassment Act 1997, for subsection (2) substitute—

“(2) The order may have effect for a specified period or until further order.

(2A) In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3.

(2B) The prosecutor, the defendant or any other person mentioned in the order may apply to the court that made the order for it to be varied or discharged by a further order.

(2C) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (2B).

(2D) It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by an order under this section.

(2E) A person guilty of an offence under this section is liable—

(a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or

(b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine, or both.

(2F) A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.”

Commencement Information

I612 Sch. 24 para. 144 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime (Sentences) Act 1997 (c. 43) E+W

145 E+W In section 28(8A) of the Crime (Sentences) Act 1997, at the end insert “, or

(c) subsection (2) of section 321 of the Sentencing Code (life sentence: minimum term order etc).”

Commencement Information

I613 Sch. 24 para. 145 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

146 E+W In section 34(2) of that Act—

(a) in paragraph (b), after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;

(b) in paragraph (c), for the words after “custody for life” substitute “ under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, under section 272 or 275 of the Sentencing Code (including a sentence passed as a result of section 217 of the Armed Forces Act 2006) or under section 210A of the Armed Forces Act 2006 ”.

Commencement Information

I614 Sch. 24 para. 146 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

147 E+W In section 35(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

Commencement Information

I615 Sch. 24 para. 147 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

148 E+W In section 40(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

Commencement Information

I616 Sch. 24 para. 148 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

149 (1) Schedule 1 to that Act is amended as follows. E+W

(2) In paragraph 6(3)(aa), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(2)(b) of the Sentencing Code ”.

(3) In paragraph 8—

(a) in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(b) in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(c) in sub-paragraph (6)—

(i) for “sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(ii) in paragraph (b) omit “except in section 103(2),”;

(iii) in paragraph (e), for “section 103” substitute “ section 242 ”;

(iv) omit paragraph (ea);

(v) in paragraph (f), for “in section 103(3), for paragraph (c)” substitute “ in section 242(2)(a), for sub-paragraph (ii) ”;

(vi) in paragraph (fa), for “section 103(4)” substitute “ section 242(6) ”;

(vii) in paragraph (g), for “section 103(5)” substitute “ section 242(7) ”;

(viii) in paragraph (h), for “in section 104, for subsection (1)” substitute “ in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) ”;

(ix) in the substituted text set out in paragraph (h), for “ section 103(6)(b) ” substitute “section 242(4)(b)”;

(x) for paragraph (i) substitute—

“(i) paragraph 2(3) of Schedule 12 were omitted,”;

(xi) in paragraph (j), for “section 104(6)” substitute “ paragraph 3(11) of that Schedule ”;

(xii) at the end of that paragraph insert “ , and ”;

(xiii) after that paragraph insert—

“(k) paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.”;

(d) in sub-paragraph (8)(c), for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 247 of the Sentencing Code ”;

(e) in sub-paragraph (9), for paragraph (c) substitute—

“(c) section 247 of the Sentencing Code.”;

(f) in sub-paragraph (12), for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 247 of the Sentencing Code ”.

(4) In paragraph 9—

(a) in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(b) in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(c) in sub-paragraph (10), for paragraph (b) substitute—

“(b) section 247 of the Sentencing Code.”

(5) In paragraph 20(1)—

(a) in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”;

(b) in the definition of “sentence of imprisonment”, after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000)” insert “ or section 272 or 275 of the Sentencing Code ”;

(c) in paragraph (d) of the definition of “supervision”, for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 247 of the Sentencing Code ”.

Commencement Information

I617 Sch. 24 para. 149 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Police Act 1997 (c. 50) E+W

150 E+W In section 113CA(2)(fa) of the Police Act 1997—

(a) after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;

(c) in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.

Commencement Information

I618 Sch. 24 para. 150 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

151 E+W In section 113CB(2)(fa) of that Act—

(a) after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;

(c) in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.

Commencement Information

I619 Sch. 24 para. 151 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime and Disorder Act 1998 (c. 37) E+W

152 (1) Section 8 of the Crime and Disorder Act 1998 (“the CDA 1998”) is amended as follows. E+W

(2) In subsection (1)—

(a) at the end of paragraph (aa), insert “ or ”;

(b) in paragraph (b), for “, an order is made under section 22 of that Act or a” substitute “ or a criminal behaviour order or ”.

(3) For subsection (9) substitute—

“(9) In this section—

• “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code;

• “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.”

Commencement Information

I620 Sch. 24 para. 152 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

153 (1) Section 9 of the CDA 1998 is amended as follows. E+W

(2) In subsection (1B), for “an order is made under section 22 of that Act” substitute “ a criminal behaviour order ”.

(3) After subsection (7) insert—

“(7ZA) In this section “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code.”

Commencement Information

I621 Sch. 24 para. 153 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

154 E+W In section 38(4) of the CDA 1998—

(a) in paragraph (fa), for “(within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)” substitute “ under Chapter 1 of Part 9 of the Sentencing Code ”;

(b) in paragraph (fb), for “that Part”, in both places, substitute “ that Chapter ”.

(c) in paragraph (ha), for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 247 of the Sentencing Code ”;

(d) in paragraph (i), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ , section 250, 254 or 259 of the Sentencing Code ”;

(e) in paragraph (ib), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , section 250 of the Sentencing Code ”;

(f) in paragraph (j), for “section 102 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 241 of the Sentencing Code ”;

(g) in paragraph (k), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83(1) of the Sentencing Code ”.

Commencement Information

I622 Sch. 24 para. 154 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

155 (1) Section 41(5) of the CDA 1998 is amended as follows. E+W

(2) In paragraph (i)(i)—

(a) for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;

(b) for “that Act or” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under ”.

(3) In paragraph (i)(ii), after “sentenced under” insert “ section 250, 254 or 259 of the Sentencing Code, ”.

(4) In paragraph (j)(i)—

(a) for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;

(b) after “a determination under” insert “ section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code, ”;

(c) for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

(5) In paragraph (j)(ii), after “a direction by the Secretary of State under” insert “ section 260 of the Sentencing Code or ”.

(6) In paragraph (ja), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I623 Sch. 24 para. 155 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

156 (1) Section 51A of the CDA 1998 is amended as follows. E+W

(2) In subsection (3)(b)—

(a) for “subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;

(b) for “subsection (3) of that section” substitute “ section 251(2) of that Code ”.

(3) In subsection (3)(d)—

(a) for “of section 224 of the Criminal Justice Act 2003” substitute “ given by section 306 of the Sentencing Code ”;

(b) for “the criteria for the imposition of a sentence under section 226B of that Act” substitute “ the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention ”.

(4) In subsection (12)(b), for “section 51A(1) of the Firearms Act 1968” substitute “ section 311(1) of the Sentencing Code ”.

Commencement Information

I624 Sch. 24 para. 156 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

157 E+W In section 66ZB(6)(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Commencement Information

I625 Sch. 24 para. 157 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

158 E+W In section 66F(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Commencement Information

I626 Sch. 24 para. 158 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

159 E+W In section 117(1) of the CDA 1998, in the definition of “custodial sentence”, for “the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.

Commencement Information

I627 Sch. 24 para. 159 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

160 (1) Schedule 3 to the CDA 1998 is amended as follows. E+W

(2) In paragraph (b) of paragraph 10(2) as it has effect without the amendment made by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—

(a) for “section 3 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

(3) In paragraph (c) of paragraph 10(2) as substituted by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—

(a) for “section 224 of the Criminal Justice Act 2003” substitute “ section 306 of the Sentencing Code ”;

(b) for “section 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 15 of the Sentencing Code ”;

(c) for “subsection (2)” substitute “ subsection (1)(b) ”.

Commencement Information

I628 Sch. 24 para. 160 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth Justice and Criminal Evidence Act 1999 (c. 23) E+W

161 E+W In Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, in paragraph 3(9), in the inserted subsection (13)—

(a) in paragraph (c)(i), for “section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;

(b) in paragraph (c)(ii), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”;

(c) in paragraph (g)(ii), for the words before “there were substituted” substitute “ for the references to Part 1 or 2 of Schedule 18 to the Sentencing Code ”.

Commencement Information

I629 Sch. 24 para. 161 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

162 E+W In section 60(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, for “section 89 below (restrictions on imprisonment of young offenders and defaulters)” substitute “ section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 21) ”.

Commencement Information

I630 Sch. 24 para. 162 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

163 E+W In section 108(1) of that Act, for “section 89(1) above” substitute “ section 227(2) of the Sentencing Code ”.

Commencement Information

I631 Sch. 24 para. 163 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

164 E+W In the italic heading before section 139 of that Act, for “fines” substitute “ recognizances ”.

Commencement Information

I632 Sch. 24 para. 164 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

165 (1) Section 139 of that Act is amended as follows. E+W

(2) In the heading omit “fines and”.

(3) In subsection (1)—

(a) for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;

(b) in paragraph (a) omit “the amount of the fine or”;

(c) in paragraph (c) omit “in the case of a recognizance,”.

(4) In subsection (2)—

(a) for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;

(b) omit “(but this subsection does not apply where the court imposes a fine on an offender who was aged under 18 at the time of conviction)”.

(5) In subsection (3) omit “a fine is imposed on him or”.

(6) In subsection (5) omit “a fine or”.

(7) Omit subsections (8) and (9).

Commencement Information

I633 Sch. 24 para. 165 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

166 (1) Section 140 of that Act is amended as follows. E+W

(2) In the heading omit “fines imposed and”.

(3) In subsection (1)—

(a) omit “a fine imposed or”;

(b) omit “fine or other”;

(c) omit “imposed or”;

(d) omit the words after paragraph (b).

(4) In subsection (2) omit paragraph (a).

(5) In subsection (3) omit the words after paragraph (b).

(6) In subsection (4) omit “fine imposed or” in both places.

(7) In subsection (5)—

(a) omit “fine imposed by, or”;

(b) omit “85(1) or”.

(8) In subsection (6)—

(a) omit “fine or other”;

(b) omit “as having been imposed by a magistrates' court, or”;

(c) for “such a court” substitute “a magistrates' court”.

Commencement Information

I634 Sch. 24 para. 166 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

167 (1) Section 142(1) of that Act is amended as follows. E+W

(2) In paragraph (za), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

(3) In paragraph (ba), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

(4) In paragraph (c), for “a compensation order” substitute “ an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”.

(5) In paragraph (d), for “section 137 above” substitute “ section 380(1) of the Sentencing Code ”.

Commencement Information

I635 Sch. 24 para. 167 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

168 (1) Section 163 of that Act is amended as follows. E+W

(2) In subsection (1) omit the definitions of the following expressions—

• “associated”;

• “child”;

• “community order”;

• “compensation order”;

• “detention and training order”;

• “guardian”;

• “local authority accommodation”;

• “local probation board”;

• “offence punishable with imprisonment”;

• “order for conditional discharge”;

• “period of conditional discharge”;

• “referral order”;

• “reparation order”;

• “responsible officer”;

• “sentence of imprisonment”;

• “suspended sentence”

• “young person”;

• “youth offending team”;

• “youth rehabilitation order”.

(3) Omit subsection (2).

Commencement Information

I636 Sch. 24 para. 168 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

169 E+W In section 164 omit subsection (3).

Commencement Information

I637 Sch. 24 para. 169 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

170 (1) Schedule 5 to that Act is amended as follows. E+W

(2) In paragraph 1(1)(b), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”.

(3) In paragraph 2, after sub-paragraph (3) insert—

“(3A) Where—

(a) the offender is aged under 18, and

(b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (1)(a) above,

section 380 of the Sentencing Code (order for payment by parent or guardian) applies to the fine.”

(4) In paragraphs 2(5)(b) and 3(3)(b), for “section 152(2) of the Criminal Justice Act 2003” substitute “ section 230(2) of the Sentencing Code ”.

Commencement Information

I638 Sch. 24 para. 170 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Act 2000 (c. 11) E+W

171 E+W In section 23A(4) of the Terrorism Act 2000—

(a) after “Counter-Terrorism Act 2008” insert “ or Schedule 1 to the Sentencing Code ”;

(b) in paragraph (a), after “that Act” insert “ or section 69 of the Sentencing Code ”.

Commencement Information

I639 Sch. 24 para. 171 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

172 E+W In Schedule 4 to that Act—

(a) in paragraph 1, in the definition of “relevant offence”, in paragraph (c), for “Schedule 2 to the Counter-Terrorism Act 2008” substitute “ Schedule 1 to the Sentencing Code ”;

(b) in paragraph 4A(3), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I640 Sch. 24 para. 172 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice and Court Services Act 2000 (c. 43) E+W

173 E+W In section 62(5) of the Criminal Justice and Court Services Act 2000—

(a) in paragraph (c), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;

(b) in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;

(c) in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;

(d) in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.

Commencement Information

I641 Sch. 24 para. 173 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

174 E+W In section 62A(4)(b) of that Act, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

Commencement Information

I642 Sch. 24 para. 174 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

175 E+W In section 64(5) of that Act—

(a) in paragraph (c), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;

(b) in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;

(c) in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code ”.

Commencement Information

I643 Sch. 24 para. 175 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

176 E+W In section 64A(8) of that Act, in the definition of “sentence of imprisonment”—

(a) in paragraph (b), after “section 90 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 259 of the Sentencing Code ”;

(b) in paragraph (c), after “that Act” insert “ or section 250 of that Code ”;

(c) in paragraph (d), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;

(d) in paragraph (e), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.

Commencement Information

I644 Sch. 24 para. 176 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Social Security Fraud Act 2001 (c. 11) E+W

177 E+W In section 6B(14)(b)(ii) of the Social Security Fraud Act 2001, for “section 189(7)(b) of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.

Commencement Information

I645 Sch. 24 para. 177 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice and Police Act 2001 (c. 16) E+W

178 E+W In section 3(2A) of the Criminal Justice and Police Act 2001, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I646 Sch. 24 para. 178 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

International Criminal Court Act 2001 (c. 17) E+W

179 E+W In Schedule 7 to the International Criminal Court Act 2001, in paragraph 2(1)(d), after “sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.

Commencement Information

I647 Sch. 24 para. 179 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Anti-terrorism, Crime and Security Act 2001 (c. 24) E+W

180 (1) In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, paragraph 16 is amended as follows. E+W

(2) In sub-paragraph (3)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In sub-paragraph (4)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ or a restitution order within the meaning given by section 147 of the Sentencing Code ”.

Commencement Information

I648 Sch. 24 para. 180 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Proceeds of Crime Act 2002 (c. 29) E+W

181 E+W In section 6(2)(b) of the Proceeds of Crime Act 2002 (“the POCA 2002”), for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.

Commencement Information

I649 Sch. 24 para. 181 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

182 (1) Section 13 of the POCA 2002 is amended as follows. E+W

(2) In subsection (3)—

(a) in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;

(b) in paragraph (c), for “section 143 of the Sentencing Act” substitute “ Chapter 4 of Part 7 of the Sentencing Code ”.

(3) In subsection (3A)—

(a) in paragraph (a), for “section 130 of the Sentencing Act” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I650 Sch. 24 para. 182 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

183 E+W In section 14(12) of the POCA 2002—

(a) in paragraph (c), for “section 130 of the Sentencing Act” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (ca), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I651 Sch. 24 para. 183 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

184 E+W In section 15(2) and (3) of the POCA 2002—

(a) in paragraph (c), for “section 130 of the Sentencing Act” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (ca), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I652 Sch. 24 para. 184 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

185 (1) Section 19 of the POCA 2002 is amended as follows. E+W

(2) In subsection (7)—

(a) in paragraph (d), for “of the Sentencing Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

(3) In subsection (8)—

(a) for “of the Sentencing Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

Commencement Information

I653 Sch. 24 para. 185 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

186 (1) Section 20 of the POCA 2002 is amended as follows. E+W

(2) In subsection (11)—

(a) in paragraph (d), for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of that Code ”.

(3) In subsection (12)—

(a) for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

Commencement Information

I654 Sch. 24 para. 186 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

187 E+W In section 21(9) of the POCA 2002—

(a) in paragraph (c), for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (ca), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

Commencement Information

I655 Sch. 24 para. 187 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

188 E+W In section 22(5) of the POCA 2002—

(a) in paragraph (c), for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (d), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

Commencement Information

I656 Sch. 24 para. 188 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

189 E+W In section 27(2)(b) of the POCA 2002, for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.

Commencement Information

I657 Sch. 24 para. 189 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

190 E+W In section 32(7) of the POCA 2002—

(a) for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

Commencement Information

I658 Sch. 24 para. 190 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

191 E+W In section 33(9) of the POCA 2002—

(a) for “section 130 of the Sentencing Act” substitute “ section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”;

(b) after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

Commencement Information

I659 Sch. 24 para. 191 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

192 (1) Section 35 of the POCA 2002 is amended as follows. E+W

(2) In subsection (2), for “Sections 139(2), (3) and (9) and 140(1) to (4) of the Sentencing Act” substitute “ Sections 129(1) to (3) and (5) and 132(1) to (4) of the Sentencing Code ”.

(3) In subsection (2A), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

(4) In subsection (2B)—

(a) for “subsection (9) of section 139 of the Sentencing Act” substitute “ subsection (2) of section 129 of the Sentencing Code ”;

(b) for “subsections (2) to (4)” substitute “ subsections (3) to (5) ”;

(c) in paragraph (a), for “subsections (2) and (3)” substitute “ subsections (3) and (5) ”.

(5) In subsection (2C)(a), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

Commencement Information

I660 Sch. 24 para. 192 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

193 (1) Section 38 of the POCA 2002 is amended as follows. E+W

(2) In subsection (2), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

(3) In subsection (4)—

(a) in paragraph (a), for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;

(b) in paragraph (c), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

Commencement Information

I661 Sch. 24 para. 193 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

194 (1) Section 39 of the POCA 2002 is amended as follows. E+W

(2) In subsections (1)(c), (2) and (4), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

(3) In subsection (5), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of that Code ”.

Commencement Information

I662 Sch. 24 para. 194 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

195 E+W In section 70(5) of the POCA 2002—

(a) for “section 3(2) of the Sentencing Act” substitute “ section 14(2) of the Sentencing Code ”;

(b) for “section 3B(2) of that Act” substitute “ section 16(2) of that Code ”.

Commencement Information

I663 Sch. 24 para. 195 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

196 E+W In section 82(2)(d) of the POCA 2002, for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 4 of Part 7 of the Sentencing Code ”.

Commencement Information

I664 Sch. 24 para. 196 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

197 E+W In section 118(2C) and (2D)(b) of the POCA 2002, for “139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ 129 of the Sentencing Code ”.

Commencement Information

I665 Sch. 24 para. 197 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

198 E+W In section 148(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.

Commencement Information

I666 Sch. 24 para. 198 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

199 E+W In section 230(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.

Commencement Information

I667 Sch. 24 para. 199 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

200 (1) Section 308 of the POCA 2002 is amended as follows. E+W

(2) In subsection (4)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In subsection (5)(a), for “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.

Commencement Information

I668 Sch. 24 para. 200 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Railways and Transport Safety Act 2003 (c. 20) E+W

201 E+W In section 11(4)(a) of the Railways and Transport Safety Act 2003, for “section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 224 of the Sentencing Code ”.

Commencement Information

I669 Sch. 24 para. 201 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Crime (International Co-operation) Act 2003 (c. 32) E+W

202 E+W In section 54(3A)(c) of the Crime (International Co-operation) Act 2003, after “section 147A of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 166 of the Sentencing Code ”.

Commencement Information

I670 Sch. 24 para. 202 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Courts Act 2003 (c. 39) E+W

203 E+W In Schedule 5 to the Courts Act 2003, in paragraph 2(2), in the definition of “a sum required to be paid by a compensation order”, after “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I671 Sch. 24 para. 203 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Extradition Act 2003 (c. 41) E+W

204 E+W In section 153(4) of the Extradition Act 2000, for paragraph (a) substitute—

“(a) section 79 or 80 of the Sentencing Code;”.

Commencement Information

I672 Sch. 24 para. 204 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Sexual Offences Act 2003 (c. 42) E+W

205 E+W In section 88(4)(c) of the Sexual Offences Act 2003 (“the SOA 2003”), at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

Commencement Information

I673 Sch. 24 para. 205 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

206 E+W In section 89(1) of the SOA 2003, in the entry in column 1 of the table beginning “A person who is the subject”, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

Commencement Information

I674 Sch. 24 para. 206 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

207 E+W In section 91A(2)(b) of the SOA 2003, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

Commencement Information

I675 Sch. 24 para. 207 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

208 E+W In section 103C(6) of the SOA 2003, after “another),” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction), ”.

Commencement Information

I676 Sch. 24 para. 208 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

209 E+W In section 113(1ZA) of the SOA 2003, at the end of paragraph (a) insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

Commencement Information

I677 Sch. 24 para. 209 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

210 E+W In section 131 of the SOA 2003—

(a) in paragraph (h), after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),” insert “ section 250 or 259 of the Sentencing Code, ”;

(b) in paragraph (i), after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;

(c) in paragraph (l), after “section 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.

Commencement Information

I678 Sch. 24 para. 210 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

211 E+W In section 133(1) of the SOA 2003—

(a) in the definition of “order for conditional discharge”, for paragraph (a) substitute—

“(a) section 80 of the Sentencing Code;”;

(b) in the definition of “the period of conditional discharge”, for paragraph (a) substitute—

“(a) section 80(1) of the Sentencing Code;”.

Commencement Information

I679 Sch. 24 para. 211 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

212 E+W In section 134(1)(a) of the SOA 2003, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.

Commencement Information

I680 Sch. 24 para. 212 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

213 E+W In section 136ZA(1)(a) of the SOA 2003, after “order” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

Commencement Information

I681 Sch. 24 para. 213 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

214 E+W In section 136ZB of the SOA 2003, after subsection (2) insert—

“(2A) References in subsection (2) to a sexual harm prevention order include references to an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).”

Commencement Information

I682 Sch. 24 para. 214 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

215 (1) Section 137 of the SOA 2003 is amended as follows. E+W

(2) In subsection (1), after “In this Act” insert “ and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

(3) In subsection (2), after “103A(1)” insert “ of this Act, and section 345 of the Sentencing Code, ”.

(4) In subsection (3)(a), after “103J” insert “ of this Act, and sections 355 to 357 of the Sentencing Code, ”.

(5) In subsection (3)(b), after “103I” insert “ of this Act, and sections 343 to 354 and 358 of the Sentencing Code, ”.

(6) In subsection (3)(c)—

(a) after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;

(b) in sub-paragraph (ii), after “103E(7)” insert “ of this Act, or section 350(7) of the Sentencing Code, ”;

(c) in sub-paragraph (iii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.

(7) In subsection (3)(d)—

(a) after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;

(b) in sub-paragraph (ii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.

Commencement Information

I683 Sch. 24 para. 215 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

216 E+W In Schedule 3 to the SOA 2003, in paragraph 96(a), for “the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ the Sentencing Code ”.

Commencement Information

I684 Sch. 24 para. 216 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 2003 (c. 44) E+W

217 E+W In section 221(2) of the Criminal Justice Act 2003 (“the CJA 2003”)—

(a) in paragraph (aa), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(b) in paragraph (b), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.

Commencement Information

I685 Sch. 24 para. 217 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

218 (1) Section 237 of the CJA 2003 is amended as follows. E+W

(2) In subsection (1)(b)—

(a) for “the Sentencing Act or under” substitute “ the PCC(S)A 2000, under ”;

(b) after “of this Act” insert “ or under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.

(3) In subsection (1B)—

(a) in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code ”;

(b) in paragraph (ba), after “section 226A of this Act” insert “ or section 266 or 279 of the Sentencing Code ”;

(c) in paragraph (bb), after “section 226B of this Act” insert “ or section 254 of the Sentencing Code ”;

(d) in paragraph (e), after “section 236A of this Act” insert “ or section 265 or 278 of the Sentencing Code ”.

(4) In subsection (1C), after “section 240ZA or 265” insert “ of this Act or section 225 of the Sentencing Code ”.

(5) In subsection (3)—

(a) for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under ”;

(b) after “of this Act” insert “ or under section 262, 265 or 266 of the Sentencing Code ”.

Commencement Information

I686 Sch. 24 para. 218 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

219 (1) Section 240ZA of the CJA 2003 is amended as follows. E+W

(2) After subsection (6) insert—

“(6A) Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.”

(3) In subsection (7)(a), for “paragraph 8(2)(a) or (b) of Schedule 12” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.

(4) In subsection (11), for “of the Sentencing Act or” substitute “ of the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.

Commencement Information

I687 Sch. 24 para. 219 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

220 (1) Section 240A of the CJA 2003 is amended as follows. E+W

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsection (2) applies ”;

(b) in paragraph (a), after “in respect of an offence” insert “ of which the offender was convicted before [F78 1 December 2020] ”.

(3) After subsection (3) insert—

“(3ZA) Subsection (3ZB) applies where—

(a) an offender is serving a term of imprisonment in respect of an offence, and

(b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence.

(3ZB) Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.”

(4) In subsection (11)(a)(i) and (ii), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.

(5) In subsection (11)(b), for “subsection (2)” substitute “ subsections (2) and (3ZB) ”.

Textual Amendments

F78 Words in Sch. 24 para. 220(2)(b) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(7)(b)

Commencement Information

I688 Sch. 24 para. 220 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

221 (1) Section 241 of the CJA 2003 is amended as follows. E+W

(2) In the heading, after “section 240A” insert “ or under section 325 of the Sentencing Code ”.

(3) In subsection (1)—

(a) after “a direction under section 240A” insert “ or under section 325 of the Sentencing Code ”;

(b) after “the direction under section 240A” insert “ or under section 325 of the Sentencing Code ”.

Commencement Information

I689 Sch. 24 para. 221 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

222 (1) Section 243 of the CJA 2003 is amended as follows. E+W

(2) At the end of subsection (1) insert “, and

(c) the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.”

(3) Omit subsection (2).

(4) In subsection (2A), for “subsection (2)” substitute “ section 327(3) of the Sentencing Code ”.

Commencement Information

I690 Sch. 24 para. 222 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

223 (1) Section 244A of the CJA 2003 is amended as follows. E+W

(2) In the heading, for “section 236A” substitute “ section 278 of the Sentencing Code etc ”.

(3) In subsection (1), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

(4) In subsection (6), in the definition of “the appropriate custodial term”, after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

Commencement Information

I691 Sch. 24 para. 223 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

224 (1) Section 246 of the CJA 2003 is amended as follows. E+W

(2) In subsection (4)—

(a) in paragraph (a), after “under section 226A, 227, 228 or 236A” insert “ or under section 265, 266, 278 or 279 of the Sentencing Code ”;

(b) in paragraph (d), after “paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8” insert “ , or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code, ”;

(c) in paragraph (ha), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”;

(d) in paragraph (i), after “section 240A” insert “ or under section 325 of the Sentencing Code ”.

(3) In subsection (6), in the definition of “term of imprisonment”, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.

Commencement Information

I692 Sch. 24 para. 224 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

225 (1) Section 246A of the CJA 2003 is amended as follows. E+W

(2) In the heading, for “section 226A or 226B” substitute “ section 254, 266 or 279 of the Sentencing Code etc ”.

(3) In subsection (1), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (8), in the definition of “appropriate custodial term”, after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.

Commencement Information

I693 Sch. 24 para. 225 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

226 (1) Section 247A of the CJA 2003 (inserted by section 1 of the Terrorist Offenders (Restriction of Early Release) Act 2020) is amended as follows. E+W

(2) In subsection (2)—

(a) in paragraph (b)—

(i) after “section 30” insert “ of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code ”;

(ii) for “the Counter-Terrorism Act 2008” substitute “ that Act ”;

(b) in paragraph (c), after “that Act” insert “ or section 69 of the Sentencing Code as applied by section 238(6) of the Armed Forces Act 2006 ”.

(3) In subsection (6), after “under section 226A, 226B, 227, 228 or 236A” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code ”.

(4) In subsection (8), in the definition of “the appropriate custodial term” and in paragraph (a) of the definition of “the requisite custodial period”, after “under section 226A, 226B, 227, 228 or 236A,” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code, ”.

Commencement Information

I694 Sch. 24 para. 226 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

227 (1) Section 250 of the CJA 2003 is amended as follows. E+W

(2) In subsection (4)—

(a) after “a sentence imposed under section 226A, 227 or 236A” insert “ or under section 278 or 279 of the Sentencing Code ”;

(b) for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.

(3) After that subsection insert—

“(4A) In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).”

(4) In subsection (5A)—

(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (b), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

Commencement Information

I695 Sch. 24 para. 227 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

228 E+W In section 255A(7) of the CJA 2003—

(a) omit “or” at the end of paragraph (a);

(b) after that paragraph insert—

“(aa) section 254, 266 or 279 of the Sentencing Code, or”;

(c) for “the Sentencing Act”, in both places, substitute “ the PCC(S)A 2000 ”.

Commencement Information

I696 Sch. 24 para. 228 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

229 (1) Section 256AA of the CJA 2003 is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), for “section 226A or 226B” substitute “ section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (ba), for “section 236A” substitute “ section 265 or 278 of that Code ”.

(3) In subsection (9), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”.

(4) In subsection (11)(b), for “section 104(3)(aa) of the Powers of Criminal Courts (Sentencing) Act 2002” substitute “ paragraph 3(2)(b) of Schedule 12 to the Sentencing Code ”.

Commencement Information

I697 Sch. 24 para. 229 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

230 E+W In section 256AB(2) of the CJA 2003, for “section 200A(5) to (10) apply” substitute “ paragraph 5(4) to (9) of Schedule 9 to the Sentencing Code applies ”.

Commencement Information

I698 Sch. 24 para. 230 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

231 (1) Section 256AC of the CJA 2003 is amended as follows. E+W

(2) In subsection (4)(c)—

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

(b) in sub-paragraph (ii), for “section 204” substitute “ paragraph 9 of that Schedule ”.

(3) In subsection (5), for “Section 177(3)” substitute “ Paragraph 10(3) of Schedule 9 to the Sentencing Code ”.

(4) After subsection (10) insert—

“(10A) Where a court deals with a person under this section, the criminal courts charge duty (see section 46 of the Sentencing Code) applies to the court.”

(5) In subsection (11)(b), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Commencement Information

I699 Sch. 24 para. 231 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

232 (1) Section 256B of the CJA 2003 is amended as follows. E+W

(2) In subsection (1)(a), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”.

(3) In subsection (1A)(a), for “section 91 or 96 of the Sentencing Act” substitute “ section 250 or 262 of the Sentencing Code ”.

Commencement Information

I700 Sch. 24 para. 232 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

233 E+W In section 258(3A) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.

Commencement Information

I701 Sch. 24 para. 233 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

234 E+W In section 260(2A) of the CJA 2003—

(a) after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code, ”;

(b) after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

Commencement Information

I702 Sch. 24 para. 234 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

235 E+W In section 263(4) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.

Commencement Information

I703 Sch. 24 para. 235 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

236 (1) Section 264 of the CJA 2003 is amended as follows. E+W

(2) In subsection (6)—

(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

(3) In subsection (6A)(a)—

(a) for “228,” substitute “ 228 of this Act or section 254, 266 or 279 of the Sentencing Code, ”;

(b) for “236A,” substitute “ 236A of this Act or section 265 or 278 of that Code, ”.

(4) In subsection (7), for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.

Commencement Information

I704 Sch. 24 para. 236 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

237 E+W Before section 264B of the CJA 2003 insert—

“264AA Consecutive terms: detention and training orders

(1) This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter.

(2) Any direction in respect of the offender by the Parole Board under—

(a) subsection (5)(b) of section 246A,

(b) subsection (4)(b) of section 247A, or

(c) sub-paragraph (3) of paragraph 15 of Schedule 20B,

is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section.

(3) In this section—

(a) references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and

(b) “relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.”

Commencement Information

I705 Sch. 24 para. 237 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

238 E+W In section 268(1A) of the CJA 2003—

(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

Commencement Information

I706 Sch. 24 para. 238 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

239 E+W In section 273(3) of the CJA 2003, for paragraphs (a) and (b) substitute “ a minimum term order or a whole life order under section 321 of the Sentencing Code ”.

Commencement Information

I707 Sch. 24 para. 239 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

240 E+W In section 274(2) of the CJA 2003, for the words from “in subsections” to “the Sentencing Act” substitute “ in sections 321 to 323 of the Sentencing Code ”.

Commencement Information

I708 Sch. 24 para. 240 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

241 (1) Section 300 of the CJA 2003 is amended as follows. E+W

(2) In subsection (1)(b), for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.

(3) In subsection (2)—

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

(b) in paragraph (b), for “section 204” substitute “ paragraph 9 of that Schedule ”;

(c) in paragraph (c), for “section 214” substitute “ paragraph 27 of that Schedule ”.

(4) In subsection (4), for “Subsections (3) and (4) of section 177” substitute “ Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code ”.

(5) For subsection (6) substitute—

“(6) The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act—

• sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders);

• Schedule 9 (community orders and suspended sentence orders: requirements);

• Schedule 10 (breach, revocation or amendment of community order);

• Schedule 11 (transfer of community orders to Scotland or Northern Ireland).”

Commencement Information

I709 Sch. 24 para. 241 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

242 E+W In section 301(1)(b) of the CJA 2003, for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.

Commencement Information

I710 Sch. 24 para. 242 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

243 (1) Section 305(1) of the CJA 2003 is amended as follows. E+W

(2) Omit the definitions of the following expressions—

• “accredited programme”;

• “alcohol abstinence and monitoring requirement”;

• “alcohol treatment requirement”;

• “the appropriate officer of the court”;

• “attendance centre requirement”;

• “community requirement”

• “community sentence”;

• “compensation order”;

• “drug rehabilitation requirement”;

• “electronic monitoring requirement”;

• “exclusion requirement”;

• “foreign travel prohibition requirement”;

• “guardian”;

• “local probation board”;

• “mental health treatment requirement”;

• “pre-sentence report”;

• “programme requirement”;

• “prohibited activity requirement”;

• “rehabilitation activity requirement”;

• “residence requirement”;

• “responsible officer”;

• “unpaid work requirement”.

(3) In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.

(4) In the definition of “community order”, for “section 177(1)” substitute “ section 200 of the Sentencing Code ”.

(5) In the definition of “curfew requirement”, for “section 204” substitute “ paragraph 9(1) of Schedule 9 to the Sentencing Code ”.

(6) In the definition of “custodial sentence”, for “section 76 of the Sentencing Act” substitute “ section 222 of the Sentencing Code ”.

(7) In the definition of “suspended sentence” and “suspended sentence order”, for “section 189(7)” substitute “ section 286 of the Sentencing Code ”.

(8) Insert at the appropriate place—

““the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;”.

Commencement Information

I711 Sch. 24 para. 243 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

244 E+W In section 327(3)(b) of the CJA 2003—

(a) in sub-paragraph (v), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 of the Sentencing Code ”;

(b) in sub-paragraph (vi), after “section 226B or 228” insert “ or under section 254 of the Sentencing Code ”.

Commencement Information

I712 Sch. 24 para. 244 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

245 (1) Schedule 15 to the CJA 2003 is amended as follows. E+W

(2) In the section reference, for “Section 224” substitute “ Section 327(3)(a) ”.

(3) In the Schedule heading, for “Chapter 5 of Part 12” substitute “ section 325 ”.

Commencement Information

I713 Sch. 24 para. 245 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

246 (1) Schedule 15B to the CJA 2003 is amended as follows. E+W

(2) In the section reference, for “Sections 224A, 226A and 246A” substitute “ Section 246A ”.

(3) In the Schedule heading, for “sections 224A, 226A and 246A” substitute “ section 246A ”.

(4) In the heading of Part 1, for “sections 224A(1), 224A(4), 226A and 246A” substitute “ section 246A ”.

(5) In the heading of Part 2, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.

(6) In the heading of Part 3, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.

Commencement Information

I714 Sch. 24 para. 246 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

247 E+W In Schedule 19ZA to the CJA 2003, in the heading of Part 2, after “Counter-Terrorism Act 2008” insert “ or Sentencing Code ”.

Commencement Information

I715 Sch. 24 para. 247 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

248 (1) Schedule 19A to the CJA 2003 is amended as follows. E+W

(2) For Part 1 substitute—

“PART 1 E+W Requirements etc

Application of provisions of the Sentencing Code E+W

1 The provisions of the Sentencing Code listed in paragraph 2 apply in relation to a supervision default order as they apply in relation to a community order but with the modifications listed in paragraph 3.

2 Those provisions are—

(a) sections 208(13) and 214(4) (requirement to avoid conflict with religious beliefs);

(b) section 210 (local justice area to be specified in order);

(c) section 212(2)(a) and (b) and (3) (provision of copies);

(d) section 220(1)(b), (2) and (3) (completion of unpaid work requirement);

(e) section 395 (data from electronic monitoring: code of practice);

(f) paragraphs 1(1), 2(1) and 3 of Schedule 9 (unpaid work requirement);

(g) paragraph 34(1) and (2) of that Schedule (availability of arrangements in local area);

(h) paragraphs 9(1) to (4) and 10(1) and (2) of that Schedule (curfew requirement);

(i) paragraphs 29(1) and 31 to 33 of that Schedule (electronic monitoring requirement).

3 (1) The modifications mentioned in paragraph 1 are as follows.

(2) Section 212(2)(b) applies as if the reference to the responsible officer were to the supervisor.

(3) Section 214(4) applies as if the reference to the responsible officer were to the supervisor.

(4) Paragraph 1(1) of Schedule 9 applies—

(a) as if the reference to the responsible officer were to the supervisor, and

(b) as if, in paragraph (b), for “during a period of 12 months” there were substituted “ before the end of the supervision period. ”

(5) Paragraph 2(1) of that Schedule applies as if for sub-paragraphs (i) and (ii) of paragraph (b) (limit on number of hours of unpaid work) there were substituted—

“(i) not less than 20 hours, and

(ii) not more than 60 hours.”

(6) Paragraph 9 of that Schedule applies as if for sub-paragraph (4) there were substituted—

“(4) The order—

(a) may not specify periods which amount to less than 2 hours or more than 16 hours in any day,

(b) may not specify periods which fall outside the supervision period, and

(c) must require the person to remain at the specified place or places on at least 20 days.”

(7) Paragraph 29(1) of that Schedule applies as if paragraph (b) were omitted.

(8) Paragraph 32 of that Schedule applies as if the references to the responsible officer were to the supervisor.

Powers of Secretary of State in relation to provisions of the Sentencing Code E+W

4 The Secretary of State's power to make regulations under subsection (4) of section 214 of the Sentencing Code (requirement to avoid conflict with religious beliefs etc) includes power to provide for that subsection, as applied by this Schedule, to have effect with additional restrictions specified in the regulations.

5 (1) The Secretary of State's power to make rules under section 394 of the Sentencing Code (rules regulating the supervision of persons subject to community orders etc) may be exercised in relation to persons subject to supervision default orders.

(2) For the purpose of sub-paragraph (1), section 394(1)(b) of the Sentencing Code has effect as if the reference to responsible officers were to supervisors.

6 The Secretary of State may by regulations amend paragraph 3(5) or (6) by changing the number of hours or days for the time being specified there.”

(3) In paragraph 10(2)(b), for “section 199(2) or 204(2)” substitute “ paragraph 2(1) or 9(4) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I716 Sch. 24 para. 248 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

I717 Sch. 24 para. 249 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Health and Social Care (Community Health and Standards) Act 2003 (c. 43) E+W

250 E+W In Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003, in paragraph 1(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I718 Sch. 24 para. 250 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Domestic Violence, Crime and Victims Act 2004 (c. 28) E+W

251 E+W In section 6(5) of the Domestic Violence, Crime and Victims Act 2004, for “section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 25 of the Sentencing Code ”.

Commencement Information

I719 Sch. 24 para. 251 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

252 (1) Section 45 of that Act is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (c) of the definition of “relevant sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 250 of the Sentencing Code ”;

(b) in the definition of “supervision requirements”, for “section 103(6) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4) of the Sentencing Code ”.

(3) In subsection (2)(a), for “Schedule 15 to the Criminal Justice Act 2003 (c. 44)” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I720 Sch. 24 para. 252 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Constitutional Reform Act 2005 (c. 4) E+W

253 E+W In Schedule 7 to the Constitutional Reform Act 2005, in paragraph 4, under the heading “A: GENERAL”—

(a) omit the entry for the Criminal Justice Act 2003;

(b) at the appropriate place insert— “Sentencing Act 2020 (c. 17)

Schedule 23, paragraph 19”

Commencement Information

I721 Sch. 24 para. 253 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Serious Organised Crime and Police Act 2005 (c. 15) E+W

254 E+W In section 73(1) of the Serious Organised Crime and Police Act 2005, after “This section applies if” insert “ in Northern Ireland ”.

Commencement Information

I722 Sch. 24 para. 254 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

255 E+W In section 74(1) of that Act, after “This section applies if” insert “ in Northern Ireland ”.

Commencement Information

I723 Sch. 24 para. 255 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Government of Wales Act 2006 (c. 32) E+W

256 E+W In Schedule 1A to the Government of Wales Act 2006, in paragraph 7—

(a) the words following “subject to” become paragraph (a);

(b) at the end insert “or

(b) an order under Chapter 2 of Part 11 of the Sentencing Code”.

Commencement Information

I724 Sch. 24 para. 256 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Wireless Telegraphy Act 2006 (c. 36) E+W

257 E+W In Schedule 5 to the Wireless Telegraphy Act 2006, in paragraph 7, for paragraph (a) substitute—

“(a) section 153 of the Sentencing Code;”.

Commencement Information

I725 Sch. 24 para. 257 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Violent Crime Reduction Act 2006 (c. 38) E+W

258 (1) Section 29 of the Violent Crime Reduction Act 2006 is amended as follows. E+W

(2) After subsection (3) insert—

“(3A) For the minimum sentence which applies where a person is convicted in England and Wales of an offence under section 28, see section 311 of the Sentencing Code.”

(3) In subsection (11)(a), after “court” insert “ in Scotland ”.

(4) After subsection (12) insert—

“(12A) For the requirement for a court in England and Wales considering for the purposes of sentencing the seriousness of an offence under section 28 to treat certain matters as aggravating factors, see section 70 of the Sentencing Code.”

Commencement Information

I726 Sch. 24 para. 258 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

259 E+W In section 47(11) of that Act, in the definition of “relevant person”—

(a) in paragraph (a), for “the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 397(1) of the Sentencing Code ”;

(b) in paragraph (b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of that Code ”.

Commencement Information

I727 Sch. 24 para. 259 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Safeguarding Vulnerable Groups Act 2006 (c. 47) E+W

260 E+W In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, in paragraph 18(6)(c), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.

Commencement Information

I728 Sch. 24 para. 260 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender Management Act 2007 (c. 21) E+W

261 (1) Section 1(4) of the Offender Management Act 2007 is amended as follows. E+W

(2) For the definition of “community order” substitute—

““community order” means—

(a) a community order within the meaning given by section 200 of the Sentencing Code;

(b) a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code;”.

(3) For the definition of “suspended sentence order” substitute—

““suspended sentence order” has the meaning given by section 286 of the Sentencing Code;”.

Commencement Information

I729 Sch. 24 para. 261 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

262 E+W In section 4(3) of that Act—

(a) in paragraph (a), for “paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 14, 15, 18, 20 or 21 of Schedule 10 to the Sentencing Code ”;

(b) in paragraph (b), for “paragraph 13, 15, 17 or 18 of Schedule 12 to that Act” substitute “ paragraph 22, 25 or 27 of Schedule 16 to that Code ”;

(c) in paragraph (c), for “that Act” substitute “ the Criminal Justice Act 2003 ”.

Commencement Information

I730 Sch. 24 para. 262 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

263 E+W In section 28(3) of that Act—

(a) in paragraph (a), after “section 226A or 227 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 279 of the Sentencing Code ”;

(b) in paragraph (c), after “under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or under section 259 of the Sentencing Code ”;

(c) in paragraph (d), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , or under section 250 of the Sentencing Code, ”;

(d) in paragraph (e), after “under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or under section 272 or 275 of the Sentencing Code ”;

(e) in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 254 or 258 of the Sentencing Code ”.

Commencement Information

I731 Sch. 24 para. 263 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Serious Crime Act 2007 (c. 27) E+W

264 E+W In section 36(5) of the Serious Crime Act 2007, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

Commencement Information

I732 Sch. 24 para. 264 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

London Local Authorities Act 2007 (c. ii) E+W

265 E+W In section 8 of the London Local Authorities Act 2007, for subsection (8) substitute—

“(8) Section 316 of the Sentencing Code (appeals where previous convictions set aside) shall apply in Greater London as if the following words were inserted in subsection (1) at the end of paragraph (a)—

“or under section 8(1) of the London Local Authorities Act 2007 (c. ii) (automatic minimum fine on third conviction for fly posting or shroud advertisement offence),””.

Commencement Information

I733 Sch. 24 para. 265 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice and Immigration Act 2008 (c. 4) E+W

266 (1) Section 39 of the Criminal Justice and Immigration Act 2008 is amended as follows. E+W

(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 227 of the Sentencing Code ”.

(3) In subsection (2)—

(a) in paragraph (a), for “paragraph 10 of Schedule 1” substitute “ Part 3 of Schedule 6 to the Sentencing Code ”;

(b) in paragraph (b), for “paragraph 12” substitute “ Part 5 ”;

(c) in paragraph (c), for “paragraph 14” substitute “ Part 7 ”.

(4) For subsection (4) substitute—

“(4) A youth default order—

(a) may, in addition to any other requirement that it imposes, impose an electronic monitoring requirement (see sections 173 and 174 of the Sentencing Code), and

(b) must do so where, in the case of a youth rehabilitation order, such a requirement would be required by paragraph 19(3) of Schedule 6 to the Sentencing Code.”

(5) For subsection (6) substitute—

“(6) The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act—

(a) sections 186(2), (10) and (11), 188, 190 to 192, 197, 198(3) to (5), 397(1), 400 and 403 to 405 (youth rehabilitation orders: responsible officer, interpretation and further provisions),

(b) Parts 3, 5, 7 and 17 of Schedule 6 (youth rehabilitation orders: requirements),

(c) Schedule 7 (breach, revocation or amendment of youth rehabilitation order),

(d) Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland), and

(e) paragraph 9 of Schedule 23 (power to amend limits).”

Commencement Information

I734 Sch. 24 para. 266 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

267 E+W In section 46 of that Act, for subsection (2) substitute—

“(2) In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law”.

Commencement Information

I735 Sch. 24 para. 267 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

268 E+W In section 80(5) of that Act—

(a) in paragraph (b), for “(within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6))” substitute “ made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”;

(b) in paragraph (c), at the end insert “ or section 42 of the Sentencing Code ”;

(c) for paragraph (e) substitute—

“(e) any sum payable under an order made under section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 or section 380(1) of the Sentencing Code;”.

Commencement Information

I736 Sch. 24 para. 268 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

269 E+W In section 117(1) of that Act, in paragraph (a) of the definition of “custodial sentence”—

(a) for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 222(1) of the Sentencing Code ”;

(b) for “any earlier enactment” substitute “ any enactment passed before that section came into force ”.

Commencement Information

I737 Sch. 24 para. 269 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

(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.””

Commencement Information

I738 Sch. 24 para. 270 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Education and Skills Act 2008 (c. 25) E+W

271 E+W In section 55(1) of the Education and Skills Act 2008, in paragraph (b) of the definition of “the relevant sum”, for “section 161A of the Criminal Justice Act 2003 (c. 44)” substitute “ section 42 of the Sentencing Code ”.

Commencement Information

I739 Sch. 24 para. 271 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

272 E+W In section 56(7)(b)(ii) of that Act, for “section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 380(1) of the Sentencing Code ”.

Commencement Information

I740 Sch. 24 para. 272 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Counter-Terrorism Act 2008 (c. 28) E+W

273 (1) Section 30 of the Counter-Terrorism Act 2008 is amended as follows. E+W

(2) In the heading omit “England and Wales and”.

(3) In subsection (1), for “in England and Wales, or in Northern Ireland,” substitute “ in Northern Ireland ”.

Commencement Information

I741 Sch. 24 para. 273 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

274 (1) Section 42 of that Act is amended as follows. E+W

(2) In subsection (1)—

(a) before paragraph (a) insert—

“(za) an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,”;

(b) in paragraph (a) omit “England and Wales and”.

(3) In subsection (2), for “(1)(a)” substitute “ (1)(za) or (a) ”.

(4) In subsection (4)—

(a) after “Schedule 2,” insert “ or regulations are made under paragraph 1 of Schedule 23 to the Sentencing Act 2020 removing an offence from the list in Schedule 1 to the Sentencing Code, ”;

(b) after “comes” insert “ , or the regulations come, ”.

Commencement Information

I742 Sch. 24 para. 274 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

275 E+W In section 45(1)(a) of that Act—

(a) in sub-paragraph (iv), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 250 of the Sentencing Code ”;

(b) in sub-paragraph (v), for “of that Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or under Chapter 2 of Part 10 of the Sentencing Code ”;

(c) in sub-paragraph (via), after “section 226B of that Act” insert “ or under section 254 of the Sentencing Code ”.

Commencement Information

I743 Sch. 24 para. 275 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

276 E+W In Schedule 6 to that Act—

(a) in paragraph 2(1), for “section 32” substitute “ section 69 of the Sentencing Code (as applied by section 238(6) of the Armed Forces Act 2006) ”;

(b) in paragraph 5(1)(a)(via), after “section 226B of that Act” insert “ or section 254 of the Sentencing Code ”.

Commencement Information

I744 Sch. 24 para. 276 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Coroners and Justice Act 2009 (c. 25) E+W

277 E+W In section 120(3)(a) of the Coroners and Justice Act 2009, for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”.

Commencement Information

I745 Sch. 24 para. 277 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

278 E+W In section 121(7) of that Act—

(a) in paragraph (a), for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”;

(b) in paragraph (b), for “sections 73 and 74 of the Serious Organised Crime and Police Act 2005” substitute “ sections 74, 387 and 388 of the Sentencing Code ”.

Commencement Information

I746 Sch. 24 para. 278 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

279 E+W In section 131(5) of that Act—

(a) in paragraph (a), for “the meaning of section 177 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) in paragraph (b), for “the meaning of section 189(7) of that Act” substitute “ the meaning given by section 286 of that Code ”;

(c) in paragraph (c), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (c. 4)” substitute “ the meaning given by section 173 of that Code ”.

Commencement Information

I747 Sch. 24 para. 279 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

280 E+W In section 136 of that Act, in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 248(1) of the Sentencing Code ”.

Commencement Information

I748 Sch. 24 para. 280 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

281 E+W In section 158(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.

Commencement Information

I749 Sch. 24 para. 281 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

282 E+W In section 164(3)(d) of that Act, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.

Commencement Information

I750 Sch. 24 para. 282 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Localism Act 2011 (c. 20) E+W

283 E+W In Schedule 14 to the Localism Act 2011, in paragraph 6(4), for paragraph (g) substitute—

“(g) a criminal behaviour order within the meaning given by section 330 of the Sentencing Code;”.

Commencement Information

I751 Sch. 24 para. 283 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Terrorism Prevention and Investigation Measures Act 2011 (c. 23) E+W

284 E+W In section 23(5)(a) of the Terrorism Prevention and Investigation Measures Act 2011, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Commencement Information

I752 Sch. 24 para. 284 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) E+W

285 E+W In section 94(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

(a) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(b) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(c) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

Commencement Information

I753 Sch. 24 para. 285 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

286 E+W In section 99(10) of that Act, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.

Commencement Information

I754 Sch. 24 para. 286 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

287 E+W In section 102(2)(d) of that Act, for “order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ regulations under section 248(1)(f) of the Sentencing Code ”.

Commencement Information

I755 Sch. 24 para. 287 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

288 (1) Section 128(6) of that Act is amended as follows. E+W

(2) In the definition of “extended sentence prisoner”, after “under section 226A or 226B of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(3) In the definition of “section 236A prisoner”, after “under section 236A of the Criminal Justice Act 2003” insert “ or section 265 or 278 of the Sentencing Code ”.

Commencement Information

I756 Sch. 24 para. 288 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

289 (1) Schedule 1 to that Act is amended as follows. E+W

(2) In Part 1, in paragraph 1(1), at the end of paragraph (e) insert “ or section 366 or 369 of the Sentencing Code ”.

(3) In Part 3, in paragraphs 6(a) and 8(c), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”.

Commencement Information

I757 Sch. 24 para. 289 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prevention of Social Housing Fraud Act 2013 (c. 3) E+W

290 E+W In section 4(12) of the Prevention of Social Housing Fraud Act 2013—

(a) for “Sections 131 to 133 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141 to 143 of the Sentencing Code ”;

(b) for paragraphs (c) and (d) substitute—

“(c) section 143(3)(a) and (b) were omitted, and

(d) the reference in section 143(5)(b)(ii) to an unlawful profit order under section 4 were to a compensation order under Chapter 2 of Part 7 of the Sentencing Code.”

Commencement Information

I758 Sch. 24 para. 290 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Counter-Terrorism and Security Act 2015 (c. 6) E+W

291 E+W In section 10(6)(a) of the Counter-Terrorism and Security Act 2015, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Commencement Information

I759 Sch. 24 para. 291 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

292 E+W In section 44(2) of that Act, at the end insert—

“(e) section 69 of the Sentencing Code (including as it is applied by section 238(6) of the Armed Forces Act 2006), and Schedule 1 to that Code (terrorist connection).”

Commencement Information

I760 Sch. 24 para. 292 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Modern Slavery Act 2015 (c. 30) E+W

293 (1) Section 10 of the Modern Slavery Act 2015 is amended as follows. E+W

(2) In subsection (1), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In subsection (3)—

(a) for “Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141, 143 and 144 of the Sentencing Code ”;

(b) for paragraph (d) substitute—

“(d) the reference in section 143(5)(b)(iii) to a slavery and trafficking reparation order under section 8 above were to a compensation order under Chapter 2 of Part 7 of the Sentencing Code.”;

(c) omit paragraph (e).

Commencement Information

I761 Sch. 24 para. 293 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

294 E+W In section 34(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.

Commencement Information

I762 Sch. 24 para. 294 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Psychoactive Substances Act 2016 (c. 2) E+W

295 (1) Section 6 of the Psychoactive Substances Act 2016 is amended as follows. E+W

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (10) apply ”;

(b) in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.

(3) After subsection (10) insert—

“(11) For the requirement for a court in England and Wales considering the seriousness of an offence under section 5 to treat certain matters as aggravating factors, see section 72 of the Sentencing Code.”

Commencement Information

I763 Sch. 24 para. 295 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

296 E+W In section 32(6)(a) of that Act, for paragraph (a) substitute—

“(a) sections 79, 80 and 82 of the Sentencing Code,”.

Commencement Information

I764 Sch. 24 para. 296 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Data Protection Act 2018 (c. 12) E+W

297 E+W In Schedule 18 to the Data Protection Act 2018, in paragraph 4(3)(a), after sub-paragraph (i) insert—

“(ia) section 260 of the Sentencing Code,”.

Commencement Information

I765 Sch. 24 para. 297 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Stalking Protection Act 2019 (c. 9) E+W

298 E+W In section 8(4) of the Stalking Protection Act 2019, for “subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Commencement Information

I766 Sch. 24 para. 298 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offensive Weapons Act 2019 (c. 17) E+W

299 E+W In section 8(9) of the Offensive Weapons Act 2019, for “paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000” substitute “ paragraph 40 of Schedule 22 to the Sentencing Act 2020 ”.

Commencement Information

I767 Sch. 24 para. 299 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

300 E+W In section 23(10) of that Act, for “2003” substitute “ 2000 or section 222 of the Sentencing Code ”.

Commencement Information

I768 Sch. 24 para. 300 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Coronavirus Act 2020 (c. 7) E+W

301 (1) Schedule 23 to the Coronavirus Act 2020 is amended as follows. E+W

(2) In paragraph 2(3)(i), after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.

(3) In paragraph 8, in paragraph 2(9) of the Schedule 3A treated as inserted into the Criminal Justice Act 2003, after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.

Commencement Information

I769 Sch. 24 para. 301 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

302 E+W In Schedule 24 to that Act, after paragraph 13 insert—

“Sentencing Code E+W

14 The Sentencing Code has effect as if section 391 were omitted.”

Commencement Information

I770 Sch. 24 para. 302 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Acts of Senedd Cymru

Social Services and Well-being (Wales) Act 2014 (anaw 4) E+W

303 (1) Section 77 of the Social Services and Well-being (Wales) Act 2014 is amended as follows. E+W

(2) In subsection (2)(c) of the English language text—

(a) in sub-paragraph (i), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;

(b) in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.

(3) In subsection (2)(c) of the Welsh language text—

(a) in sub-paragraph (i), for “paragraff 4 o Atodlen 1 neu baragraff 6 o Atodlen 8 i Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “paragraff 5 o Atodlen 4 neu baragraff 7 o Atodlen 5 i'r Cod Dedfrydu”;

(b) in sub-paragraph (ii), for “paragraff 21 o Atodlen 2 i Ddeddf Cyfiawnder Troseddol a Mewnfudo 2008” substitute “paragraff 25 o Atodlen 7 i'r Cod hwnnw”.

(4) For subsection (3) of the English language text substitute—

“(3) In subsection (2)—

• “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

• “youth rehabilitation order” has the meaning given by section 173 of that Code;

• “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.”

(5) For subsection (3) of the Welsh language text substitute—

“(3) Yn is-adran (2)—

• mae i “gofyniad preswylio awdurdod lleol” (“local authority residence requirement”) yr ystyr a roddir gan baragraff 24 o Atodlen 6 i'r Cod Dedfrydu;

• mae i “gorchymyn adsefydlu ieuenctid” (“youth rehabilitation order”) yr ystyr a roddir gan adran 173 o'r Cod hwnnw;

• mae i “gorchymyn adsefydlu ieuenctid â maethu” (“youth rehabilitation order with fostering”) yr ystyr a roddir gan adran 176 o'r Cod hwnnw.””

Commencement Information

I771 Sch. 24 para. 303 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

304 (1) In section 188(1) of the English language text of that Act, in paragraph (e) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”. E+W

(2) In section 188(1) of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “drwy orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.

Commencement Information

I772 Sch. 24 para. 304 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

305 (1) In section 194(6)(c) of the English language text of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”. E+W

(2) In section 194(6)(c) of the Welsh language text of that Act, for “o dan Ran 1 o Ddeddf Cyfiawnder a Mewnfudo 2008” substitute “ym Mhennod 1 o Ran 9 o'r Cod Dedfrydu”.

Commencement Information

I773 Sch. 24 para. 305 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

306 (1) In Schedule 1 to the English language text of that Act, in paragraph 1(8), for paragraph (c) substitute— E+W

“(c) section 260 of the Sentencing Code.”

(2) In Schedule 1 to the Welsh language text of that Act, in paragraph 1(8), for paragraph (c) substitute—

“(c) adran 260 o'r Cod Dedfrydu.”

Commencement Information

I774 Sch. 24 para. 306 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Housing (Wales) Act 2014 (anaw 7) E+W

307 (1) In section 70(1)(j)(i) of the English language text of the Housing (Wales) Act 2014, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”. E+W

(2) In section 70(1)(j)(i) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.

Commencement Information

I775 Sch. 24 para. 307 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

308 (1) In section 99 of the English language text of that Act, in paragraph (e) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”. E+W

(2) In section 99 of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “gan orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.

Commencement Information

I776 Sch. 24 para. 308 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2) E+W

309 (1) In section 120(6) of the English language text of the Regulation and Inspection of Social Care (Wales) Act 2016, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”. E+W

(2) In section 120(6) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000 (p.6)” insert “neu adran 222 o'r Cod Dedfrydu”.

Commencement Information

I777 Sch. 24 para. 309 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Acts of the Scottish Parliament

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) E+W

310 E+W In section 34(2)(b)(i) of the Human Trafficking and Exploitation (Scotland) Act 2015, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I778 Sch. 24 para. 310 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) E+W

311 E+W In section 37(5) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, at the end of paragraph (a) insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.

Commencement Information

I779 Sch. 24 para. 311 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Management of Offenders (Scotland) Act 2019 (asp 14) E+W

312 E+W If section 18 of the Management of Offenders (Scotland) Act 2019 does not come into force on or before [F79 1 December 2020], subsection (2)(b) of that section is amended as follows—

(a) in sub-paragraph (i), for “third” substitute “ fourth ”;

(b) in sub-paragraph (iii), after “2000” insert “ or section 250 of that Code ”.

Textual Amendments

F79 Words in Sch. 24 para. 312 substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(7)(c)

Commencement Information

I780 Sch. 24 para. 312 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Northern Ireland legislation

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27)) E+W

313 E+W In Article 6(1)(g)(iii) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, at the end insert “ or section 254, 266 or 279 of the Sentencing Code ”.

Commencement Information

I781 Sch. 24 para. 313 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Recovery of Health Services Charges (Northern Ireland) Order 2006 (S.I. 2006/1944 (N.I. 13)) E+W

314 E+W In Schedule 1 to the Recovery of Health Services Charges (Northern Ireland) Order 2006, in paragraph 1(b), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

Commencement Information

I782 Sch. 24 para. 314 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) E+W

315 E+W In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in paragraph 23(3)(b), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I783 Sch. 24 para. 315 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Secondary legislation

Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335) E+W

316 (1) Regulation 14 of the Costs in Criminal Cases (General) Regulations 1986 is amended as follows. E+W

(2) In paragraph (1)(a), for “section 42 of the Powers of Criminal Courts Act 1973” substitute “ section 21 of the Sentencing Code as it applies by virtue of subsection (1)(a) or (c) of that section ”.

(3) Omit paragraph (3)(a)(i) to (iv), (vi) and (vii).

(4) Omit paragraph (3)(b)(i) and (ii).

(5) After sub-paragraph (b) of paragraph (3) insert—

“(c) under any of the following provisions of the Sentencing Code—

(i) Schedule 2 (commission of further offence by person conditionally discharged);

(ii) paragraph 7 of Schedule 4 (power of court on referral back from panel);

(iii) Part 1 of Schedule 5 (breach of reparation order);

(iv) Part 2 of Schedule 10 (breach of requirement of community order);

(v) Part 2 of Schedule 16 (breach of community requirement of suspended sentence order or conviction of further offence).”

Commencement Information

I784 Sch. 24 para. 316 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505) E+W

317 E+W In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert or “ section 250 or 259 of the Sentencing Code ”.

Commencement Information

I785 Sch. 24 para. 317 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Jobseeker's Allowance Regulations 1996 (S.I. 1996/207) E+W

318 E+W In regulation 13(3A)(a) of the Jobseeker's Allowance Regulations 1996, after “(“the 2003 Act”)” insert “ or Chapter 4 of Part 11 of the Sentencing Code ”.

Commencement Information

I786 Sch. 24 para. 318 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Police (Property) Regulations 1997 (S.I. 1997/1908) E+W

319 E+W In regulation 5(1) of the Police (Property) Regulations 1997, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Commencement Information

I787 Sch. 24 para. 319 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

320 E+W In regulation 7(3) of those Regulations, for “section 145 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 159 of the Sentencing Code ”.

Commencement Information

I788 Sch. 24 para. 320 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997 (S.I. 1997/2588) E+W

321 E+W In article 3(b) of the Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997, for “section 37(2) of the Criminal Justice Act 1982” substitute “ section 122(1) of the Sentencing Code ”.

Commencement Information

I789 Sch. 24 para. 321 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prison Rules 1999 (S.I. 1999/728) E+W

322 E+W In rule 57(2) of the Prison Rules 1999, after “section 99 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 276 of the Sentencing Code ”.

Commencement Information

I790 Sch. 24 para. 322 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160) E+W

323 E+W In article 2 of the Youth Justice Board for England and Wales Order 2000 omit “ “the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000;”.

Commencement Information

I791 Sch. 24 para. 323 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

324 (1) Article 4(2) of that Order is amended as follows. E+W

(2) In paragraph (a), for “section 90 or 91 of the 2000 Act” substitute “ section 250 or 259 of the Sentencing Code ”.

(3) In paragraph (m)(i), for “section 102(1) of the 2000 Act” substitute “ section 241(1) of the Sentencing Code ”.

(4) In paragraph (m)(ii)—

(a) for “section 92(1) of the 2000 Act” substitute “ section 260(1) of the Sentencing Code ”;

(b) for “section 90 or 91 of that Act” substitute “ section 250 or 259 of that Code ”.

(5) In paragraph (n)(i), for “section 103(3) of the 2000 Act” substitute “ section 242(3) of the Sentencing Code ”.

(6) In paragraph (n)(ii), for “section 103(6) of that Act” substitute “ section 242(4) of that Code ”.

(7) In paragraph (n)(iii), for “section 104(3)(a) of that Act” substitute “ paragraph 3(8)(b) of Schedule 12 to that Code ”.

(8) In paragraph (n)(iv), for “section 105(2) of that Act” substitute “ paragraph 7(5) of that Schedule ”.

Commencement Information

I792 Sch. 24 para. 324 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Magistrates' Courts Warrants (Specification of Provisions) Order 2000 (S.I. 2000/3278) E+W

325 E+W In Article 2 of the Magistrates' Courts Warrants (Specification of Provisions) Order 2000, after paragraph (g) insert—

“(ga) in the Sentencing Code—

(i) sections 6(4) and 93(4)(b);

(ii) paragraph 3(2)(b) of Schedule 4;

(iii) paragraph 6(3) of Schedule 5;

(iv) paragraphs 5(2)(b), 12(4)(b), 13(3)(b), 17(2), 18(2)(b), 19(3)(b), 21(4), 22(7) and 23(4) of Schedule 7;

(v) paragraphs 8(2)(b) and (4), 9(2)(b) and (4), 14(4), 18(5), 20(2), 21(4), 23(4), 24(4) and 25(4) of Schedule 10;

(vi) paragraph 2(2)(b) of Schedule 12;

(vii) paragraphs 8(2)(b) and 25(6) of Schedule 16;”.

Commencement Information

I793 Sch. 24 para. 325 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Young Offender Institution Rules 2000 (S.I. 2000/3371) E+W

326 E+W In rule 5(7)(a) of the Young Offender Institution Rules 2000, after “the 2003 Act” insert “ or by virtue of section 233 of the Sentencing Code ”.

Commencement Information

I794 Sch. 24 para. 326 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

327 E+W In rule 5A(2)(b)(iii) of those rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.

Commencement Information

I795 Sch. 24 para. 327 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

328 E+W In rule 60(1)(f) of those Rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.

Commencement Information

I796 Sch. 24 para. 328 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341) E+W

329 E+W In regulation 31I(3)(c) of the Representation of the People (England and Wales) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.

Commencement Information

I797 Sch. 24 para. 329 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497) E+W

330 E+W In regulation 31I(3)(c) of the Representation of the People (Scotland) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.

Commencement Information

I798 Sch. 24 para. 330 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Child Tax Credit Regulations 2002 (S.I. 2002/2007) E+W

331 E+W In regulation 2(1) of the Child Tax Credit Regulations 2002, in paragraph (a) of the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.

Commencement Information

I799 Sch. 24 para. 331 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051) E+W

332 E+W In article 5(3) of the Homelessness (Priority Need for Accommodation) (England) Order 2002—

(a) in paragraph (a), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”;

(b) in paragraph (c), for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Commencement Information

I800 Sch. 24 para. 332 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 (S.I. 2003/336) E+W

333 E+W In the Schedule to the Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003, in Part 2, after the entry referring to the Powers of Criminal Courts (Sentencing) Act 2000 insert— “ Section 153 of the Sentencing Code (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1987, as applied by section 158 of the Sentencing Code, for the delivery of the property to a person appearing to be the owner of the property. ”

Commencement Information

I801 Sch. 24 para. 333 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Guardian's Allowance (General) Regulations 2003 (S.I. 2003/495) E+W

334 E+W In regulation 7(1)(a) of the Guardian's Allowance (General) Regulations 2003, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ section 222 of the Sentencing Code or ”.

Commencement Information

I802 Sch. 24 para. 334 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Magistrates' Courts (Parenting Orders) Rules 2004 (S.I. 2004/247) E+W

335 E+W In rule 7 of the Magistrates' Courts (Parenting Orders) Rules 2004, after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.

Commencement Information

I803 Sch. 24 para. 335 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

336 E+W In rule 8 of those Rules, for “paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code ”.

Commencement Information

I804 Sch. 24 para. 336 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

337 E+W In rule 9 of those Rules, for “paragraph 9D of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code, ”.

Commencement Information

I805 Sch. 24 para. 337 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) E+W

338 E+W In Schedule 2 to the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005, in paragraph 5, at the end of sub-paragraph (1) insert—

“This is subject to section 1 of the Sentencing (Pre-consolidation) Amendments Act 2020 (and see also the exceptions in Schedule 1 to that Act).”

Commencement Information

I806 Sch. 24 para. 338 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 (S.I. 2005/3181) E+W

339 (1) Article 141F of the Proceeds of Crime Act 2002 (External Requests and Orders) Order 2005 is amended as follows. E+W

(2) In paragraph (4)(a), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In paragraph (5)(a), after “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 3 of Part 7 of the Sentencing Code ”.

Commencement Information

I807 Sch. 24 para. 339 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

340 (1) Article 141ZE of that Order is amended as follows. E+W

(2) In paragraph (4)(a), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In paragraph (5)(a), after “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 3 of Part 7 of the Sentencing Code ”.

Commencement Information

I808 Sch. 24 para. 340 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

341 (1) Article 205 of that Order is amended as follows. E+W

(2) In paragraph (4)(a), for “or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ , section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In paragraph (5)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ , section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 3 of Part 7 of the Sentencing Code ”.

Commencement Information

I809 Sch. 24 para. 341 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

342 E+W In Schedule 5 to that Order, after the entry referring to the Powers of Criminal Courts (Sentencing) Act 2000 insert— “ Section 153 of the Sentencing Code (powers to deprive offender of property used etc for purposes of crime), in the circumstances where no order is made under the Police (Property) Act 1897, as applied by section 158 of the Sentencing Code, for the delivery of the property to a person appearing to be the owner of the property. ”

Commencement Information

I810 Sch. 24 para. 342 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (General Dental Services Contracts) Regulations 2005 (S.I. 2005/3361) E+W

343 E+W In regulation 2(1) of the National Health Service (General Dental Services Contracts) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I811 Sch. 24 para. 343 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Personal Dental Services Agreements) Regulations 2005 (S.I. 2005/3373) E+W

344 E+W In regulation 2(1) of the National Health Service (Personal Dental Services Agreements) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I812 Sch. 24 para. 344 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Dental Charges) Regulations 2005 (S.I. 2005/3477) E+W

345 E+W In regulation 2(1) of the National Health Service (Dental Charges) Regulations 2005, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I813 Sch. 24 para. 345 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Child Benefit (General) Regulations 2006 (S.I. 2006/223) E+W

346 E+W In regulation 1(3) of the Child Benefit (General) Regulations 2006, in paragraph (a) of the definition of “penalty”—

(a) after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 10 of the Sentencing Code ”;

(b) after “sections 90, 91, 92 and 93 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or sections 250, 259 and 260 of the Sentencing Code ”.

Commencement Information

I814 Sch. 24 para. 346 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006 (S.I. 2006/489 (W.58)) E+W

347 E+W In regulation 2(1) of the National Health Service (Personal Dental Services Agreements) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I815 Sch. 24 para. 347 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (General Dental Services Contracts) (Wales) Regulations 2006 (S.I. 2006/490 (W.59)) E+W

348 E+W In regulation 2(1) of the National Health Service (General Dental Services Contracts) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I816 Sch. 24 para. 348 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Dental Charges) (Wales) Regulations 2006 (S.I. 2006/491 (W.60)) E+W

349 E+W In regulation 2(1) of the National Health Service (Dental Charges) (Wales) Regulations 2006, in paragraph (a) of the definition of “prison”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I817 Sch. 24 para. 349 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006 (S.I. 2006/1116) E+W

350 E+W In Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006, in paragraph 3A(3), for “section 30 of the Counter-Terrorism Act 2008” substitute “ section 69 of the Sentencing Code ”.

Commencement Information

I818 Sch. 24 para. 350 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006 (S.I. 2006/2135) E+W

351 E+W In article 2(b) of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006, for “section 74(3) of the Act” substitute “ section 387(2) of the Sentencing Code ”.

Commencement Information

I819 Sch. 24 para. 351 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

352 E+W In article 3(4) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.

Commencement Information

I820 Sch. 24 para. 352 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

353 (1) Article 4 of that Order is amended as follows. E+W

(2) In paragraph (1)—

(a) for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”;

(b) in paragraph (a), for “section 74(5) or (6) of the Act” substitute “ section 387(4) or 388(5) of that Code ”;

(c) in paragraph (b), for “section 74(3) of the Act” substitute “ section 387(2) of that Code ”.

(3) In paragraph (3)—

(a) for “the offender falls within section 74(2)(c) of the Act and” substitute “ on a referral under section 388 of the Sentencing Code ”;

(b) for “section 74(6)” substitute “ subsection (5) of that section ”;

(c) for “the referral under section 74(3) of the Act” substitute “ the referral ”.

Commencement Information

I821 Sch. 24 para. 353 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

354 E+W In article 5(2) of that Order, for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”.

Commencement Information

I822 Sch. 24 para. 354 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

355 E+W In article 9 of that Order—

(a) in paragraph (1)(b), for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”;

(b) in paragraph (1)(c), for “section 74 of the Act” substitute “ section 387 or 388 of that Code ”;

(c) in paragraph (2)(c), for “section 74 of the Act” substitute “ section 387 or 388 of the Sentencing Code ”.

Commencement Information

I823 Sch. 24 para. 355 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

356 E+W In article 11(1)(b) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.

Commencement Information

I824 Sch. 24 para. 356 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

357 E+W In article 15(1) of that Order, for “section 74(8) of the Act” substitute “ section 389(1) of the Sentencing Code ”.

Commencement Information

I825 Sch. 24 para. 357 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007 (S.I. 2007/121 (W.11)) E+W

358 (1) In regulation 2(1) of the English language text of the National Health Service (Free Prescriptions and Charges for Drugs and Appliances) (Wales) Regulations 2007, in the definition of “secure training centre” (“canolfan hyfforddi diogel”), for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”. E+W

(2) In regulation 2(1) of the Welsh language text of those Regulations, in the definition of “canolfan hyfforddi ddiogel” (“secure training centre”), for “o dan adran 100 o Ddeddf Pwerau'r Llysoedd Troseddol (Dedfrydu) 2000 (tramgwyddwyr o dan 18 oed: gorchmynion dal gafael a hyfforddi)” substitute “o fewn yr ystyr a roddir gan adran 233 o'r Cod Dedfrydu”.

Commencement Information

I826 Sch. 24 para. 358 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Defence Service (Funding) Order 2007 (S.I. 2007/1174) E+W

359 E+W In Schedule 1 to the Criminal Defence Service (Funding) Order 2007, in paragraph 12(1), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

Commencement Information

I827 Sch. 24 para. 359 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

360 (1) Schedule 2 to that Order is amended as follows. E+W

(2) In paragraph 2(1)(d), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

(3) In paragraph 12A(2)—

(a) in paragraph (b), for “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 385 of the Sentencing Code ”;

(b) in paragraph (c), for “section 74 of the Serious Organised Crime and Police Act 2005” substitute “ section 387 or 388 of the Sentencing Code ”.

Commencement Information

I828 Sch. 24 para. 360 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

361 E+W In Schedule 5 to that Order, in paragraph 1(4)(e), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

Commencement Information

I829 Sch. 24 para. 361 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community Order (Review by Specified Courts) Order 2007 (S.I. 2007/2162) E+W

362 E+W In article 1 of the Community Order (Review by Specified Courts) Order 2007 omit paragraph (2).

Commencement Information

I830 Sch. 24 para. 362 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

363 E+W In article 3(2) of that Order—

(a) for “under section 177(1)(i) of the 2003 Act,” substitute “ , within the meaning given by paragraph 19(1) of Schedule 9 to the Sentencing Code, ”;

(b) for “section 210 of that Act” substitute “ paragraph 21 of that Schedule ”.

Commencement Information

I831 Sch. 24 para. 363 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

364 (1) Article 4 of that Order is amended as follows. E+W

(2) In paragraph (2)(d)—

(a) for “Chapter 4 of Part 12 of the 2003 Act” substitute “ Schedule 9 to the Sentencing Code ”;

(b) for “section 177(5) of the 2003 Act” substitute “ section 209(1) of the Sentencing Code ”.

(3) For paragraph (3) substitute—

“(3) For the purposes of paragraph (2)(a) a requirement falling within any Part of Schedule 9 to the Sentencing Code is of the same kind as any other requirement falling within that Schedule.”

(4) In paragraph (6), for “paragraph 9 or 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 10 or 11 of Schedule 10 to the Sentencing Code ”.

Commencement Information

I832 Sch. 24 para. 364 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Immigration (Disposal of Property) Regulations 2008 (S.I. 2008/786) E+W

365 E+W In regulation 4(1)(a) and (b) of the Immigration (Disposal of Property) Regulations 2008, before “or section 25 of the 2007 Act” insert “ , section 156 of the Sentencing Code ”.

Commencement Information

I833 Sch. 24 para. 365 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Employment and Support Allowance Regulations 2008 (S.I. 2008/794) E+W

366 E+W In regulation 160(5) of the Employment and Support Allowance Regulations 2008, in the definition of “penalty”—

(a) after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;

(b) for “section 100 of that Act” substitute “ section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 10 of the Sentencing Code ”.

Commencement Information

I834 Sch. 24 para. 366 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Primary Ophthalmic Services Regulations 2008 (S.I. 2008/1186) E+W

367 E+W In regulation 2(1) of the Primary Ophthalmic Services Regulations 2008, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I835 Sch. 24 para. 367 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Representation of the People (Northern Ireland) Regulations 2008 (S.I. 2008/1741) E+W

368 E+W In regulation 38C(3)(c) of the Representation of the People (Northern Ireland) Regulations 2008, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.

Commencement Information

I836 Sch. 24 para. 368 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059) E+W

369 E+W In the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009, after article 102 insert—

“Seriousness of offence with terrorist connection E+W

102A In section 238(6) of AFA 2006 (seriousness of offence with terrorist connection) the references—

(a) to an offence under section 42 of that Act include an SDA civil offence, and

(b) to the corresponding offence under the law of England and Wales include the corresponding civil offence.”

Commencement Information

I837 Sch. 24 para. 369 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

370 E+W In Schedule 1 to that Order, in paragraph 45—

(a) in sub-paragraph (2), after “2000” insert “ and section 245 of the Sentencing Code ”;

(b) omit sub-paragraph (3);

(c) in sub-paragraph (4), for “section 134(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 177A of the Armed Forces Act 2006 ”;

(d) in the heading to the paragraph, at the end insert “ and related provisions ”.

Commencement Information

I838 Sch. 24 para. 370 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

371 E+W In Schedule 2 to that Order, in paragraph 8(2), for “section 94 of PCC(S)A 2000” substitute “ section 272(2)(a) of the Sentencing Code, as applied by section 210A of AFA 2006 ”.

Commencement Information

I839 Sch. 24 para. 371 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Armed Forces (Service Civilian Court) Rules 2009 (S.I. 2009/1209) E+W

372 E+W In rule 31(3) of the Armed Forces (Service Civilian Court) Rules 2009, for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ paragraph 23(2) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I840 Sch. 24 para. 372 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

373 E+W In rule 96(3)(b) of those Rules, for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ under paragraph 23(2) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I841 Sch. 24 para. 373 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

374 (1) Rule 101 of those Rules is amended as follows. E+W

(2) In paragraph (1)—

(a) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act) ”;

(b) in sub-paragraph (c) for “paragraph 5 of Schedule 8 to the 2003 Act” substitute “ paragraph 6 of Schedule 10 to the Sentencing Code ”.

(3) In paragraph (3)(a)—

(a) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code ”;

(b) for “paragraph 10” substitute “ paragraph 11 ”.

(4) In paragraph (3)(b), for “paragraph 8” substitute “ paragraph 8A ”.

Commencement Information

I842 Sch. 24 para. 374 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

375 (1) Rule 102 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the Act) ”.

(3) In paragraph (7)(a), for “paragraph 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 11 of Schedule 10 to the Sentencing Code ”.

Commencement Information

I843 Sch. 24 para. 375 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

376 (1) Rule 104 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 14 of Schedule 8 to the 2003 Act” substitute “ paragraph 15 of Schedule 10 to the Sentencing Code ”.

(3) In paragraph (4)(b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(a) of Schedule 10 to the Sentencing Code ”.

(4) In paragraph (6)—

(a) for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(b) of Schedule 10 to the Sentencing Code ”;

(b) in sub-paragraph (b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3)(a) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I844 Sch. 24 para. 376 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

377 (1) Rule 105 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 17 of Schedule 8 to the 2003 Act” substitute “ paragraph 18 of Schedule 10 to the Sentencing Code ”.

(3) In paragraph (3)(a), for “paragraph 17(2) of Schedule 8 to the 2003 Act” substitute “ paragraph 18(7) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I845 Sch. 24 para. 377 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

378 (1) Rule 106 of those Rules is amended as follows. E+W

(2) In paragraph (1)—

(a) for “paragraph 20 of Schedule 8 to the 2003 Act” substitute “ paragraph 21 of Schedule 10 to the Sentencing Code ”;

(b) in sub-paragraph (a), for “section 200(2) of that Act” substitute “ paragraph 1(1)(b) of Schedule 9 to that Code ”.

(3) In paragraph (3)(b), for “section 200(2) of the 2003 Act” substitute “ paragraph 1(1)(b) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I846 Sch. 24 para. 378 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

379 E+W In Schedule 2 to those Rules, in paragraph 15(2), for “paragraph 21 of Schedule 8 to the 2003 Act” substitute “ paragraph 23(2) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I847 Sch. 24 para. 379 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009 (S.I. 2009/1212) E+W

380 E+W In regulation 3A of the Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009, in paragraphs (2)(b) and (3)(b), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

Commencement Information

I848 Sch. 24 para. 380 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 (S.I. 2009/1887) E+W

381 (1) Schedule 1 to the Community Care, Services for Carers and Children's Services (Direct Payments) (England) Regulations 2009 is amended as follows. E+W

(2) In paragraph (a)—

(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(3) In paragraph (b)—

(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

Commencement Information

I849 Sch. 24 para. 381 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

382 E+W In Schedule 2 to those Regulations, in paragraph (e)—

(a) for “section 177 or 189 of the Criminal Justice Act 2003 insofar as those sections” substitute “ Chapter 2 of Part 9 of the Sentencing Code or Chapter 5 of Part 10 of that Code insofar as those Chapters ”;

(b) for “section 207 of that Act” substitute “ paragraph 16 of Schedule 9 to that Code ”.

Commencement Information

I850 Sch. 24 para. 382 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009 (S.I. 2009/1922) E+W

383 E+W In article 15F(6)(a) of the Police and Criminal Evidence Act 1984 (Armed Forces) Order 2009, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”.

Commencement Information

I851 Sch. 24 para. 383 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041) E+W

384 E+W In rule 2(2) of the Armed Forces (Court Martial) Rules 2009, in paragraph (a) of the definition of “activation order”, for “paragraph 8(2)(a) or (b) of Schedule 12 to the 2003 Act” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.

Commencement Information

I852 Sch. 24 para. 384 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

385 (1) Rule 3 of those Rules is amended as follows. E+W

(2) In paragraph (2), in the definition of “suspended sentence order”—

(a) after “means an order under” insert “ section 264 or 277 of the Sentencing Code or ”;

(b) for “section 196(2)” substitute “ section 207 ”.

(3) For paragraph (3) substitute—

“(3) Any reference in these Rules to Schedule 10 to the Sentencing Code is to that Schedule as modified by section 181 of the 2006 Act and Schedule 6A to that Act.”

Commencement Information

I853 Sch. 24 para. 385 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

386 E+W In rule 44(3) of those Rules, for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.

Commencement Information

I854 Sch. 24 para. 386 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

387 E+W In rule 114(5)(b) of those Rules, for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.

Commencement Information

I855 Sch. 24 para. 387 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

388 (1) Rule 131 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 12(2A)(a) and (b) of Schedule 12 to the 2003 Act, as substituted by paragraph 8(1)” substitute “ paragraph 19(1)(a) and (b) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 ”.

(3) In sub-paragraph (2)—

(a) in the definition of “the relevant facts”, for “mentioned in those paragraphs, as so substituted” substitute “ referred to in paragraph (1) above ”;

(b) in the definition of “the original sentence”, after “means” insert “ the suspended sentence order mentioned in paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act, or ”;

(c) in the definition of “the new offence”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(1)(a) of Schedule 16 to the Sentencing Code, as modified by paragraph 12 of Schedule 7 to the 2006 Act ”;

(d) in the definition of “summons”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(2)(a) of Schedule 16 to the Sentencing Code, as so modified ”;

(e) in the definition of “warrant”, for “in that sub-paragraph, as so substituted” substitute “ paragraph 19(2)(b) of Schedule 16 to the Sentencing Code, as so modified ”;

(f) in the definition of “relevant order”, for “paragraph 8(2) of Schedule 12 to the 2003 Act” substitute “ paragraph 13(1) of Schedule 16 to the Sentencing Code ”.

Commencement Information

I856 Sch. 24 para. 388 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

389 E+W In rule 134(2)(c)(ii) of those Rules, for “section 105(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 7(2) of Schedule 12 to the Sentencing Code ”.

Commencement Information

I857 Sch. 24 para. 389 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

390 (1) Rule 140 of those Rules is amended as follows. E+W

(2) In paragraph (1)—

(a) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) ”;

(b) in sub-paragraph (c) for “paragraph 5 of Schedule 8 to the 2003 Act” substitute “ paragraph 6 of Schedule 10 to the Sentencing Code ”.

(3) In paragraph (3)—

(a) in sub-paragraph (a)—

(i) for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code ”;

(ii) for “paragraph 10” substitute “ paragraph 11 ”;

(b) in sub-paragraph (b), for “paragraph 8” substitute “ paragraph 8A ”.

Commencement Information

I858 Sch. 24 para. 390 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

391 (1) Rule 141 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 8 of Schedule 8 to the 2003 Act” substitute “ paragraph 8A of Schedule 10 to the Sentencing Code (as inserted by paragraph 5 of Schedule 6A to the 2006 Act) ”.

(3) In paragraph (8)(a), for “paragraph 10 of Schedule 8 to the 2003 Act” substitute “ paragraph 11 of Schedule 10 to the Sentencing Code ”.

Commencement Information

I859 Sch. 24 para. 391 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

392 (1) Rule 142 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 14 of Schedule 8 to the 2003 Act” substitute “ paragraph 15 of Schedule 10 to the Sentencing Code ”.

(3) In paragraph (4)(b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3) of Schedule 10 to the Sentencing Code ”.

(4) In paragraph (6), in the opening words and in sub-paragraph (b), for “paragraph 14(5) of Schedule 8 to the 2003 Act” substitute “ paragraph 15(3) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I860 Sch. 24 para. 392 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

393 (1) Rule 143 of those Rules is amended as follows. E+W

(2) In paragraph (1), for “paragraph 17 of Schedule 8 to the 2003 Act” substitute “ paragraph 18 of Schedule 10 to the Sentencing Code ”.

(3) In paragraph (3)(a), for “paragraph 17(2) of Schedule 8 to the 2003 Act” substitute “ paragraph 18(7) of Schedule 10 to the Sentencing Code ”.

Commencement Information

I861 Sch. 24 para. 393 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

394 (1) Rule 144 of those Rules is amended as follows. E+W

(2) In paragraph (1)—

(a) for “paragraph 20 of Schedule 8 to the 2003 Act” substitute “ paragraph 21 of Schedule 10 to the Sentencing Code ”;

(b) in sub-paragraph (a), for “section 200(2) of that Act” substitute “ paragraph 1(1)(b) of Schedule 9 to that Code ”.

(3) In paragraph (3)(b), for “section 200(2) of the 2003 Act” substitute “ paragraph 1(1)(b) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I862 Sch. 24 para. 394 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

395 E+W In Schedule 2 to those Rules, in paragraph 17(2), for “paragraph 23 of Schedule 8 to the 2003 Act” substitute “ paragraph 25 of Schedule 10 to the Sentencing Code ”.

Commencement Information

I863 Sch. 24 para. 395 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009 (S.I. 2009/2042) E+W

396 E+W In regulation 3 of the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009, for “as follows” substitute “ as set out in regulations 5 to 9 ”.

Commencement Information

I864 Sch. 24 para. 396 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

397 E+W Omit regulation 4 of those Regulations.

Commencement Information

I865 Sch. 24 para. 397 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

398 E+W After regulation 9 insert—

“ Modification of section 64 of the Sentencing Code (seriousness of offence: aggravating factor) E+W

9A In its application to a civilian court dealing with an offender for a service offence, section 64 of the Sentencing Code (aggravating factor: offence committed on bail) is modified as if after the words “on bail” there were inserted “ or charged with a service offence and released from service custody ””.

Commencement Information

I866 Sch. 24 para. 398 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

399 (1) Regulation 10 is amended as follows. E+W

(2) In paragraph (1)—

(a) after “Part 12 of CJA 2003” insert “ and section 64 of the Sentencing Code ”;

(b) for “regulations 4 to 9” substitute “ regulations 5 to 9A ”.

(3) In paragraph (2), for “regulation 4” substitute “ regulation 9A ”.

(4) In paragraph (3), for “regulations 4 to 9” substitute “ regulations 5 to 9A ”.

Commencement Information

I867 Sch. 24 para. 399 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009 (S.I. 2009/3074) E+W

400 E+W In article 4 of the Criminal Justice and Immigration Act 2008 (Commencement No.13 and Transitory Provision) Order 2009, for “Part 1 of the Criminal Justice and Immigration Act 2008 (c.4)” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I868 Sch. 24 para. 400 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Child Minding and Day Care (Disqualification) (Wales) Regulations 2010 (S.I. 2010/1703 (W.163)) E+W

401 (1) In regulation 3(9)(d) of the English language text of the Child Minding and Day Care (Disqualification) (Wales) Regulations 2010, after “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 79 or 80 of the Sentencing Code ”. E+W

(2) In regulation 3(9)(ch) of the Welsh language text of those Regulations, after “adran 12 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 79 neu 80 o'r Cod Dedfrydu”.

Commencement Information

I869 Sch. 24 para. 401 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Visits to Former Looked After Children in Detention (England) Regulations 2010 (S.I. 2010/2797) E+W

402 E+W In regulation 3(d) of the Visits to Former Looked After Children in Detention (England) Regulations 2010, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.

Commencement Information

I870 Sch. 24 para. 402 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 (S.I. 2010/2862) E+W

403 (1) Schedule 1 to the Disabled People's Right to Control (Pilot Scheme) (England) Regulations 2010 is amended as follows. E+W

(2) In paragraph (a)—

(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(3) In paragraph (b)—

(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

Commencement Information

I871 Sch. 24 para. 403 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 2003 (Surcharge) Order 2012 (S.I. 2012/1696) E+W

404 E+W In article 1 of the Criminal Justice Act 2003 (Surcharge) Order 2012 omit paragraph (2).

Commencement Information

I872 Sch. 24 para. 404 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

405 E+W In article 2 of that Order, for “Section 161A(1) of the 2003 Act” substitute “ Section 42(1) of the Sentencing Code ”.

Commencement Information

I873 Sch. 24 para. 405 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

406 E+W In the following provisions of that Order, for “section 161A of the 2003 Act” substitute “ section 42 of the Sentencing Code ”

(a) article 3(1) and (2);

(b) article 4(1) and (2);

(c) article 5(1) and (2);

(d) article 6(1) and (2).

Commencement Information

I874 Sch. 24 para. 406 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

407 (1) The Schedule to that Order is amended as follows. E+W

(2) In Table 1—

(a) for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”;

(b) for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;

(c) for “section 16(2) or 16(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 85(1)(a) or (b) of the Sentencing Code ”;

(d) for “section 177(1) of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(e) for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;

(f) for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.

(3) In Table 2—

(a) for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”;

(b) for “section 177(1) of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(c) for “section 189(1) of the Criminal Justice Act 2003” (in both places) substitute “ section 264 or 277 of the Sentencing Code ”.

(4) In Table 3, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Commencement Information

I875 Sch. 24 para. 407 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Child Support Maintenance Calculation Regulations 2012 (S.I. 2012/2677) E+W

408 E+W In regulation 64(4)(a) of the Child Support Maintenance Calculation Regulations 2012—

(a) after “section 163 of the Powers of Criminal Courts (Sentencing) Act 2000” insert” “ or section 397 of the Sentencing Code ”;

(b) for “section 96 of that Act” substitute “ section 96 of the Powers of Criminal Courts (Sentencing) Act 2000 or section 262 of the Sentencing Code ”.

Commencement Information

I876 Sch. 24 para. 408 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012 (S.I. 2012/2996) E+W

409 E+W In regulation 2(1) of the National Health Service Commissioning Board and Clinical Commissioning Groups (Responsibilities and Standing Rules) Regulations 2012, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I877 Sch. 24 para. 409 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Legal Aid (General) Regulations 2013 (S.I. 2013/9) E+W

410 (1) Regulation 9 of the Criminal Legal Aid (General) Regulations 2013 is amended as follows. E+W

(2) In paragraph (f)—

(a) for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ section 330 of the Sentencing Code ”;

(b) after “section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.

(3) In paragraph (g), for “section 8(1)(c) of the Crime and Disorder Act 1998” substitute “ section 366 of the Sentencing Code ”.

(4) In paragraph (h), after “section 9(5) of the Crime and Disorder Act 1998” insert “ or section 374 of the Sentencing Code ”.

(5) In paragraph (i), for “section 10 of the Crime and Disorder Act 1998” substitute “ section 366(10) of the Sentencing Code ”.

(6) In paragraph (j)—

(a) for “Part 1A of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 368 of the Sentencing Code ”;

(b) for “section 20 of that Act” substitute “ section 90 of that Code ”.

(7) In paragraph (n), after “sections 103A, 103E, 103F and 103H of the Sexual Offences Act 2003” insert “ or sections 345, 350 and 353 of the Sentencing Code ”.

Commencement Information

I878 Sch. 24 para. 410 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

411 E+W In regulation 12(2)(d)(ii) of those Regulations, after “Chapter 2 of Part 5 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or in section 241 of the Sentencing Code, ”.

Commencement Information

I879 Sch. 24 para. 411 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013 (S.I. 2013/350) E+W

412 E+W In regulation 1(2) of the National Health Service (Clinical Commissioning Groups—Disapplication of Responsibility) Regulations 2013, in the definition of “secure training centre”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I880 Sch. 24 para. 412 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Employment and Support Allowance Regulations 2013 (S.I. 2013/379) E+W

413 E+W In regulation 96(6)(c) of the Employment and Support Allowance Regulations 2013—

(a) after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;

(b) for “section 100 of that Act” substitute “ section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 10 of the Sentencing Code ”.

Commencement Information

I881 Sch. 24 para. 413 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Legal Aid (Remuneration) Regulations 2013 (S.I. 2013/435) E+W

414 E+W In Schedule 1 to the Criminal Legal Aid (Remuneration) Regulations 2013, in paragraph 15(2), for “section 1 (deferment of sentence) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code (deferment of sentence) ”.

Commencement Information

I882 Sch. 24 para. 414 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

415 (1) Schedule 2 to those Regulations is amended as follows. E+W

(2) In paragraph 2(1)(c), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

(3) In paragraph 16(2)—

(a) in paragraph (b), for “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 385 of the Sentencing Code ”;

(b) in paragraph (c), for “section 74 of the Serious Organised Crime and Police Act 2005” substitute “ section 387 or 388 of the Sentencing Code ”.

(4) In the table in Part 7, under Class H—

(a) in the entry for Breach of a sexual harm prevention order or interim sexual harm prevention order, in the second column, after “Sexual Offences Act 2003, s.103I” insert “ or Sentencing Code, s.354 ”;

(b) in the entry for Breach of restraining order, in the second column, for “Protection from Harassment Act 1997, s.5(5)” substitute “ Sentencing Code, s.363(1) ”.

Commencement Information

I883 Sch. 24 para. 415 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

416 E+W In Schedule 4 to those Regulations, in paragraph 5(3)(b)(v), for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

Commencement Information

I884 Sch. 24 para. 416 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Optical Charges and Payments) Regulations 2013 (S.I. 2013/461) E+W

417 E+W In regulation 1(2) of the National Health Service (Optical Charges and Payments) Regulations 2013, in paragraph (a) of the definition of “prisoner”, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detention and training orders)” substitute “ within the meaning given by section 233 of the Sentencing Code ”.

Commencement Information

I885 Sch. 24 para. 417 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Direct Payments) Regulations 2013 (S.I. 2013/1617) E+W

418 (1) The Schedule to the National Health Service (Direct Payments) Regulations 2013 is amended as follows. E+W

(2) In paragraph (a)—

(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(3) In paragraph (b)—

(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(4) In paragraph (f), for “paragraph 22 (drug treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”)” substitute “ paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 (“the Criminal Justice Act 2008”) or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) ”.

(5) In paragraph (g), after “paragraph 23 of Schedule 1 to the Criminal Justice Act 2008” insert “ or Part 14 of Schedule 6 to the Sentencing Code ”.

(6) In paragraph (h), after “paragraph 24 of Schedule 1 to the Criminal Justice Act 2008” insert “ or Part 15 of Schedule 6 to the Sentencing Code ”.

Commencement Information

I886 Sch. 24 para. 418 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014 (S.I. 2014/669) E+W

419 E+W In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014, for “section 215(3) of the 2003 Act” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I887 Sch. 24 para. 419 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

420 E+W In article 5 of that Order, for “paragraph 26(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 42(2) of Schedule 6 to the Sentencing Code ”.

Commencement Information

I888 Sch. 24 para. 420 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Offender Management Act 2007 (Approved Premises) Regulations 2014 (S.I. 2014/1198) E+W

421 E+W In regulation 4 of the Offender Management Act 2007 (Approved Premises) Regulations 2014—

(a) in the definition of “community sentence”, for “section 147 of the Criminal Justice Act 2003” substitute “ section 397(1) of the Sentencing Code ”;

(b) in the definition of “suspended sentence order”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.

Commencement Information

I889 Sch. 24 para. 421 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Special Educational Needs (Personal Budgets) Regulations 2014 (S.I. 2014/1652) E+W

422 (1) The Schedule to the Special Educational Needs (Personal Budgets) Regulations 2014 is amended as follows. E+W

(2) In paragraph (a)—

(a) after “section 209 of the Criminal Justice Act 2003” insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(3) In paragraph (b)—

(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(4) In paragraph (f), for “paragraph 22 (drug treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 22 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or Part 13 of Schedule 6 to the Sentencing Code (drug treatment requirement) ”.

(5) In paragraph (g), after “paragraph 23 of Schedule 1 to the Criminal Justice and Immigration Act 2008” insert “ or Part 14 of Schedule 6 to the Sentencing Code ”.

(6) In paragraph (h), for “paragraph 24 (intoxicating substance treatment requirement) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or Part 15 of Schedule 6 to the Sentencing Code (intoxicating substance treatment requirement) ”.

Commencement Information

I890 Sch. 24 para. 422 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014 (S.I. 2014/1977) E+W

423 E+W In regulation 2(3)(a) of the Independent Educational Provision in England (Prohibition on Participation in Management) Regulations 2014, for the words following "a conviction of an offence” substitute “ falling within section 308(3)(a) of the Sentencing Code ”.

Commencement Information

I891 Sch. 24 para. 423 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Care and Support (Direct Payments) Regulations 2014 (S.I. 2014/2871) E+W

424 (1) Schedule 1 to the Care and Support (Direct Payments) Regulations 2014 is amended as follows. E+W

(2) In paragraph (a)—

(a) for “section 209 (drug rehabilitation requirement) of the Criminal Justice Act 2003 (“the 2003 Act”)” substitute “ section 209 of the Criminal Justice Act 2003 (“the 2003 Act”) or paragraph 19 of Schedule 9 to the Sentencing Code (drug rehabilitation requirement) ”;

(b) for “section 177 (community orders) of that Act” substitute “ section 177 of the 2003 Act or section 200 of the Sentencing Code (community order) ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(3) In paragraph (b)—

(a) for “section 212 of the Criminal Justice Act 2003” substitute “ section 212 of the 2003 Act or paragraph 23 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

Commencement Information

I892 Sch. 24 para. 424 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (S.I. 2014/3300) E+W

425 E+W In regulation 13(2) of the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014, for paragraph (2) substitute—

“(2) The magistrates' court must give effect to the order by making a restraining order under section 360 of the Sentencing Code; and Chapter 3 of Part 11 of that Code has effect for the purposes of this regulation as if—

(a) for subsection (2) of that section there were substituted—

“(2) The court may, subject to subsection (2A), make a restraining order under this section against a person causing danger for the purpose of protecting a protected person under the Criminal Justice (European Protection Order) (England and Wales) Regulations 2014 (“the 2014 Regulations”).

(2A) The prohibitions or restrictions imposed on a person under subsection (2) must correspond as far as possible to those contained in the European protection order made by the competent authority of the issuing State.”;

(b) after subsection (3) of that section there were inserted—

“(4) In this section—

• “European protection order”, “person causing danger” and “protected person” have the meaning given by regulation 11(1) of the 2014 Regulations;

• “issuing State” is to be construed in accordance with regulation 12(1) of those Regulations.”;

(c) sections 361 and 362 of the Sentencing Code were omitted.”

Commencement Information

I893 Sch. 24 para. 425 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

426 (1) Regulation 17 of those regulations is amended as follows. E+W

(2) In paragraph (6), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 360 of the Sentencing Code ”.

(3) In paragraph (7), for “section 5 of the Protection from Harassment Act 1997” substitute “ section 361 of the Sentencing Code ”.

Commencement Information

I894 Sch. 24 para. 426 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

State Pension Regulations 2015 (S.I. 2015/173) E+W

427 E+W In regulation 3(2)(c) of the State Pension Regulations 2015, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.

Commencement Information

I895 Sch. 24 para. 427 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

National Health Service (Charges for Drugs and Appliances) Regulations 2015 (S.I. 2015/570) E+W

428 E+W In regulation 11(3) of the National Health Service (Charges for Drugs and Appliances) Regulations 2015, in paragraph (b) of the definition of “other secure accommodation”, for “detention and training orders have been made under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000 (offenders under 18: detentions and training orders)” substitute “ detention and training orders (within the meaning given by section 233 of the Sentencing Code) have been made ”.

Commencement Information

I896 Sch. 24 para. 428 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 (S.I. 2015/796) E+W

429 E+W In regulation 1(2) of the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015 omit the definition of “the POA 1985”.

Commencement Information

I897 Sch. 24 para. 429 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

430 (1) Regulation 2 of those regulations is amended as follows. E+W

(2) In paragraph (1)—

(a) for “section 21A(1) of the POA 1985” substitute “ section 46(1) of the Sentencing Code ”;

(b) in sub-paragraph (a), for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 of the Sentencing Code ”.

(3) In paragraph (2), for sub-paragraph (b) substitute—

“(b) for a relevant failure.”

(4) After paragraph (2) insert—

“(2A) In this regulation “relevant failure” means a failure to comply with—

(a) a requirement of a community order (within the meaning given by section 200 of the Sentencing Code),

(b) a community requirement of a suspended sentence order (within the meaning given by section 286 of the Sentencing Code), or

(c) a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.”

(5) In paragraph (3)—

(a) for “section 21A(1) of the POA 1985” substitute “ section 46(1) of the Sentencing Code ”;

(b) for the words after “in respect of” substitute “ the relevant failure ”.

(6) In paragraph (4), for the words after “in the same proceedings” substitute “ two or more different kinds of relevant failure ”.

(7) In paragraph (5)(a)—

(a) for “section 21B(1)(b), (c) and (d) of the POA 1985” substitute “ paragraph (2A)(a), (b) and (c) ”;

(b) for “section 21B(1)(c) or (d)” substitute “ paragraph (2A)(b) or (c) ”.

(8) In paragraph (5)(b)—

(a) for “section 21B(1)(b) and (c) of the POA 1985” substitute “ paragraph (2A)(a) and (b) ”;

(b) for “section 21B(1)(c)” substitute “ paragraph (2A)(b) ”.

(9) In paragraph (5)(c)—

(a) for “section 21B(1)(b) and (d) of the POA 1985” substitute “ paragraph (2A)(a) and (c) ”;

(b) for “section 21B(1)(d)” substitute “ paragraph (2A)(c) ”.

(10) In paragraph (5)(d)—

(a) for “section 21B(1)(c) and (d) of the POA 1985” substitute “ paragraph (2A)(b) and (c) ”;

(b) for “section 21B(1)(d)” substitute “ paragraph (2A)(c) ”.

(11) Omit sub-paragraph (e) of paragraph (5).

Commencement Information

I898 Sch. 24 para. 430 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

431 E+W In regulation 4 of those Regulations, for “section 21E(4) of the POA 1985” substitute “ section 50(4) of the Sentencing Code ”.

Commencement Information

I899 Sch. 24 para. 431 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015 (S.I. 2015/1265 (W.85)) E+W

432 (1) In regulation 2(j)(i) of the English language text of the Homelessness (Intentionality) (Specified Categories) (Wales) Regulations 2015, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”. E+W

(2) In regulation 2(j)(i) of the Welsh language text of those Regulations, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.

Commencement Information

I900 Sch. 24 para. 432 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Care and Support (Direct Payments) (Wales) Regulations 2015 (S.I. 2015/1815 (W.260)) E+W

433 (1) The Schedule to the Care and Support (Direct Payments) (Wales) Regulations 2015 is amended as follows. E+W

(2) In paragraph (a) of the English language text—

(a) after “section 209 of the Criminal Justice Act 2003 insert “ or paragraph 19 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(3) In paragraph (a) of the Welsh language text—

(a) after “adran 209 o Ddeddf Cyfiawnder Troseddol 2003” insert “neu baragraff 19 o Atodlen 9 i'r Cod Dedfrydu”;

(b) after “adran 177 o'r Ddeddf honno” insert “neu adran 200 o'r Cod hwnnw”;

(c) after “adran 189 o'r Ddeddf honno” insert “neu adran 286 o'r Cod hwnnw”.

(4) In paragraph (b) of the English language text—

(a) after “section 212 of the Criminal Justice Act 2003” insert “ or paragraph 23 of Schedule 9 to the Sentencing Code ”;

(b) after “section 177 of that Act” insert “ or section 200 of that Code ”;

(c) after “section 189 of that Act” insert “ or section 286 of that Code ”.

(5) In paragraph (b) of the Welsh language text—

(a) after “adran 212 o Ddeddf Cyfiawnder Troseddol 2003” insert “neu baragraff 23 o Atodlen 9 i'r Cod Dedfrydu”;

(b) after “adran 177 o'r Ddeddf honno” insert “neu adran 200 o'r Cod hwnnw”;

(c) after “adran 189 o'r Ddeddf honno” insert “neu adran 286 o'r Cod hwnnw”.

Commencement Information

I901 Sch. 24 para. 433 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Children (Secure Accommodation) (Wales) Regulations 2015 (S.I. 2015/1988 (W.298)) E+W

434 (1) In regulation 14(a) of the English language text of the Children (Secure Accommodation) (Wales) Regulations 2015, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”. E+W

(2) In regulation 14(a) of the Welsh language text of those Regulations, after “adran 90 neu 91 o Ddeddf Pwerau'r Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 250 neu 259 o'r Cod Dedfrydu”.

Commencement Information

I902 Sch. 24 para. 434 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016 (S.I. 2016/961) E+W

435 E+W In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016, for “section 215(3) of the Criminal Justice Act 2003” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I903 Sch. 24 para. 435 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017 (S.I. 2017/235) E+W

436 E+W In article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017, for “section 215(3) of the Criminal Justice Act 2003” substitute “ paragraph 31(2) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I904 Sch. 24 para. 436 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Bereavement Support Payment Regulations 2017 (S.I. 2017/410) E+W

437 E+W In regulation 7(2)(c) of the Bereavement Support Payment Regulations 2017, after “section 189 of the Criminal Justice Act 2003” insert “ or section 286 of the Sentencing Code ”.

Commencement Information

I905 Sch. 24 para. 437 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018 (S.I. 2018/210) E+W

438 E+W In article 3 of the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018, for “section 212A(6) of the Criminal Justice Act 2003” substitute “ paragraph 25(7)(c) of Schedule 9 to the Sentencing Code ”.

Commencement Information

I906 Sch. 24 para. 438 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018 (S.I. 2018/794) E+W

439 E+W In Schedule 1 to the Childcare (Disqualification) and Childcare (Early Years Provision Free of Charge) (Extended Entitlement) (Amendment) Regulations 2018, in paragraph 8, for “or paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ , paragraph 17 of Schedule 1 to the Criminal Justice and Immigration Act 2008 or paragraph 24 of Schedule 6 to the Sentencing Code ”.

Commencement Information

I907 Sch. 24 para. 439 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Social Workers Regulations 2018 (S.I. 2018/893) E+W

440 E+W In regulation 2(1) of the Social Workers Regulations 2018, in the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.

Commencement Information

I908 Sch. 24 para. 440 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020 (S.I. 2020/158) E+W

441 E+W In article 5(c) of the Release of Prisoners (Alteration of Relevant Proportion of Sentence) Order 2020, after “section 236A of the 2003 Act” insert “ or section 265 or 278 of the Sentencing Code ”.

Commencement Information

I909 Sch. 24 para. 441 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Amendment of provisions referring to section 154 of Criminal Justice Act 2003

Primary legislation E+W

442 E+W In section 255ZA(6) of the Criminal Justice Act 2003, for “section 154(1)” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”.

Commencement Information

I910 Sch. 24 para. 442 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

443 (1) In the following provisions, for “section 154(1) of the Criminal Justice Act 2003” or “section 154(1) of the Criminal Justice Act 2003 (c. 44)” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ” E+W

• section 1A(8) of the Prevention of Crime Act 1953;

• sections 1(10), 4(13), 5(13) and 22(6) of the Nuclear Installations Act 1965;

• section 4A(2)(a)(i) of the Firearms Act 1968;

• paragraph 2(2) of Schedule 3A to the Health and Safety at Work etc. Act 1974;

• section 44BC(5) of the Solicitors Act 1974;

• section 88G(7) of the Alcoholic Liquor Duties Act 1979;

• section 20AAC(4)(a)(i) of the Hydrocarbon Oil Duties Act 1979;

• section 430(4A) of the Insolvency Act 1986;

• section 29L(4) of the Public Order Act 1986;

• section 1(5) of the Malicious Communications Act 1988;

• sections 139A(5ZA) (as to be inserted by section 45(5) of the Offensive Weapons Act 2019) and 139AA(10) of the Criminal Justice Act 1988;

• section 63B(8) of the Local Government Finance Act 1988;

• section 8A(11)(a)(i) of the Firearms (Amendment) Act 1988;

• section 196D(6) of the Town and Country Planning Act 1990;

• in the Local Government Finance Act 1992—

  (a)

  section 14B(5);

  (b)

  paragraph 15D(7) of Schedule 2;

• section 1(7) of the Prisoners (Return to Custody) Act 1995;

• section 110(5H) of the Environment Act 1995;

• section 4A(6) of the Protection from Harassment Act 1997;

• section 32ZA(6) of the Crime (Sentences) Act 1997;

• section 23(1G)(a) of the Financial Services and Markets Act 2000;

• section 4A(9)(a) of the Private Security Industry Act 2001 (as to be inserted by section 42 of the Crime and Security Act 2010);

• in the Anti-terrorism, Crime and Security Act 2001—

  (a)

  section 77(3A);

  (b)

  paragraph 7(6)(a)(i) and (7)(a)(i) of Schedule 3;

• section 35(9) of the Tax Credits Act 2002;

• paragraph 9B(6) of Schedule 5 to the Courts Act 2003;

• section 67A(5) of the Sexual Offences Act 2003;

• section 12(3)(a) of the Gangmasters (Licensing) Act 2004;

• section 131C(6)(a) of the Energy Act 2004;

• section 34(9) of the Fire and Rescue Services Act 2004;

• in the Companies (Audit, Investigations and Community Enterprise) Act 2004—

  (a)

  sections 15A(6), 15C(6) and 25(2)(a);

  (b)

  paragraph 5(3) of Schedule 7;

• paragraph 1(2) of Schedule 12 to the Domestic Violence, Crime and Victims Act 2004;

• section 58(1) of the Human Tissue Act 2004;

• section 210(7) of the Housing Act 2004;

• section 51E(3)(a) of the Constitutional Reform Act 2005;

• section 175(2) of the Serious Organised Crime and Police Act 2005;

• sections 41(3) and 105(2) of the Clean Neighbourhoods and Environment Act 2005;

• sections 109(4) and 111(5) of the Education Act 2005;

• sections 1(8), 2(12), 6(6) and 8(5) of the Terrorism Act 2006;

• section 21(4) of the Immigration, Asylum and Nationality Act 2006;

• section 12(6) of the Children and Adoption Act 2006;

• section 13B(5) of the Childcare Act 2006;

• section 78(2) of the Health Act 2006;

• paragraph 1 of Schedule 2 to the Fraud Act 2006;

• in the National Health Service Act 2006—

  (a)

  section 208(1);

  (b)

  paragraph 8(4) of Schedule 10;

• section 156(1) of the National Health Service (Wales) Act 2006;

• sections 1131(2), 1186(3), 1191(3) and 1250(5) of the Companies Act 2006;

• section 38(6) of the Police and Justice Act 2006;

• section 61(5) of the Road Safety Act 2006;

• paragraph 16 of Schedule 10 to the Charities Act 2006;

• section 6(5) of the Legislative and Regulatory Reform Act 2006;

• section 3(8)(a) of the Digital Switchover (Disclosure of Information) Act 2007;

• in the Tribunals, Courts and Enforcement Act 2007—

  (a)

  sections 92(3) and 105(2);

  (b)

  paragraph 15(4) of Schedule 20;

• section 39(11)(a) of the Statistics and Registration Service Act 2007;

• sections 14(5), 16(7), 17(3) and 181(3) of the Legal Services Act 2007;

• paragraphs 23 and 31 of Schedule 27 to the Criminal Justice and Immigration Act 2008;

• section 49(2)(a) of the Regulatory Enforcement and Sanctions Act 2008;

• sections 10(5) and 76(4) of the Health and Social Care Act 2008;

• paragraph 30(6)(a) of Schedule 2 to the Climate Change Act 2008;

• in the Counter-Terrorism Act 2008—

  (a)

  section 54(3)(a);

  (b)

  section 76(2);

  (c)

  paragraph 15(3)(a) of Schedule 5;

  (d)

  paragraphs 30(4A)(a)(i), 30A(1A)(a)(i) and 31(2)(a)(i) of Schedule 7;

• paragraph 10(2) of Schedule A1 to the English language text of the Learner Travel (Wales) Measure 2008 (nawm 2);

• section 40 of the Political Parties and Elections Act 2009;

• section 10(3)(a) of the Parliamentary Standards Act 2009;

• paragraphs 12(1), 13 and 14 of Schedule 22 to the Coroners and Justice Act 2009;

• section 11(4)(a) of the Bribery Act 2010;

• section 32(3)(a) of the Terrorist Asset-Freezing etc. Act 2010;

• section 6(4) of the Identity Documents Act 2010;

• paragraph 5(5)(a) of Schedule 25 to the Finance Act 2011;

• section 23(4) of the Terrorism Prevention and Investigation Measures Act 2011;

• paragraphs 14 and 24 of Schedule 9 to the Charities Act 2011;

• sections 129(9) and 132(9) of the Welfare Reform Act 2012;

• in the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

  (a)

  section 33(7);

  (b)

  section 143(6);

  (c)

  paragraph 2(7) of Schedule 6;

• paragraph 37(4)(a) of Schedule 24 to the Finance Act 2012;

• section 92(2)(a) of the Financial Services Act 2012;

• section 13(3) of the Electoral Registration and Administration Act 2013;

• in the Crime and Courts Act 2013—

  (a)

  section 28(8)(a);

  (b)

  paragraph 30(4)(a) of Schedule 16;

• paragraph 66(2) of Schedule 19 to the Enterprise and Regulatory Reform Act 2013;

• in the Energy Act 2013—

  (a)

  sections 75(3)(a)(i), 102(4), 103(3) and 105(8);

  (b)

  paragraphs 7(3) and 17(4) of Schedule 8;

  (c)

  paragraph 6(2) of Schedule 9;

  (d)

  paragraph 13(8) of Schedule 10;

• in the Financial Services (Banking Reform) Act 2013—

  (a)

  sections 36(4)(a)(i) and 90(7)(a)(i);

  (b)

  paragraph 14(2)(a)(i) of Schedule 5;

• paragraph 9 of Schedule 5 to the English language text of the Mobile Homes (Wales) Act 2013 (anaw 6);

• section 9(7) of the Mesothelioma Act 2014;

• sections 120(7) and 121(10) of the Anti-social Behaviour, Crime and Policing Act 2014;

• paragraphs 2(4)(a) and 6(2)(a) of Schedule 5 to the Defence Reform Act 2014;

• paragraph 37(5)(a) of Schedule 8 to the Water Act 2014;

• section 33C(2) of the Immigration Act 2014;

• section 174(4)(a) of the Finance Act 2014;

• in the Criminal Justice and Courts Act 2015—

  (a)

  sections 20(9), 29(3)(a) and 33(11);

  (b)

  paragraphs 15(4) and 25(4) of Schedule 10;

• section 49(1) of the Counter-Terrorism and Security Act 2015;

• section 86(14) of the Serious Crime Act 2015;

• paragraph 21(2)(a) of Schedule 4 to the Recall of MPs Act 2015;

• section 5(4) of the Modern Slavery Act 2015;

• sections 10(1)(a)(i) and (2)(a)(i) and 26(2)(a)(i) of the Psychoactive Substances Act 2016;

• section 27(3) of the Immigration Act 2016;

• sections 11(4)(a)(i), 43(7)(a)(i), 59(2)(a)(i), 82(3)(a)(i), 134(2)(a)(i), 155(2)(a)(i), 173(2)(a)(i), 174(3)(a)(i), 196(2)(a)(i) and 224(4)(a)(i) of the Investigatory Powers Act 2016;

• sections 68(4)(a) and 153(8)(b)(i) of the Policing and Crime Act 2017;

• sections 50(6) and 51(7) of the Finance Act 2017;

• sections 41(7), 50(7), 58(7), 66(13) and 68(11) of the Digital Economy Act 2017;

• section 53(6) of the Finance (No. 2) Act 2017;

• sections 1(5) and 2(5) of the Laser Misuse (Vehicles) Act 2018;

• section 17(5)(b)(i) of the Sanctions and Anti-Money Laundering Act 2018;

• section 1(4) of the Assaults on Emergency Workers (Offences) Act 2018;

• section 12(5) of the Ivory Act 2018;

• sections 8(3) and 11(7) of the Stalking Protection Act 2019;

• sections 6(8), 25(3), 29(3) and 52(7) of the Offensive Weapons Act 2019.

(2) In the Welsh language text of paragraph 10(2) of Schedule A1 to the Learner Travel (Wales) Measure 2008 (nawm 2), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ paragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.

(3) In the Welsh language text of paragraph 9 of Schedule 5 to the Mobile Homes (Wales) Act 2013 (anaw 6), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ baragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.

Commencement Information

I911 Sch. 24 para. 443 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

444 E+W In the following provisions, for “section 154(1) of that Act” substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ”

(a) paragraph 52(2) of Schedule 11 to the Government of Wales Act 2006;

(b) section 22(4)(b) of the Public Bodies Act 2011.

Commencement Information

I912 Sch. 24 para. 444 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

445 E+W In the following provisions, for “section 154 of the Criminal Justice Act 2003” or “section 154 of the Criminal Justice Act 2003 (c. 44)” substitute “ paragraph 24 of Schedule 22 to the Sentencing Act 2020 ”

• section 63(2) of the Children Act 2004;

• sections 2(15), 5(11) and 35(9) of the Asylum and Immigration (Treatment of Claimants, etc.) Act 2004.

Commencement Information

I913 Sch. 24 para. 445 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Secondary legislation E+W

446 (1) In the following provisions, for “section 154(1) of the Criminal Justice Act 2003”substitute “ paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 ” E+W

• regulation 3(5)(a) of the Electronic Commerce Directive (Terrorism Act 2006) Regulations 2007 (S.I. 2007/1550);

• articles 34(8), 35(9) and 36(8) of the Export Control Order 2008 (S.I. 2008/3231);

• regulation 6(7) of the English language text of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848 (W.177));

• regulation 13(3)(a) of the Zimbabwe (Financial Sanctions) Regulations 2009 (S.I. 2009/847);

• article 12(14) of the Iran (United Nations Sanctions) Order 2009 (S.I. 2009/886);

• regulation 32A(4) of the Carriage of Dangerous Goods and Use of Transportable Pressure Equipment Regulations 2009 (S.I. 2009/1348);

• article 14(14) of the North Korea (United Nations Sanctions) Order 2009 (S.I. 2009/1749);

• paragraph 6(2) of Schedule 3 to the Environmental Civil Sanctions (England) Order 2010 (S.I. 2010/1157);

• paragraph 6(2) of Schedule 3 to the English language text of the Environmental Civil Sanctions (Wales) Order 2010 (S.I. 2010/1821 (W.178));

• paragraph 5(4) of Schedule 4 to the National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010 (S.I. 2010/2837);

• regulation 15(3)(a) of the Somalia (Asset-Freezing) Regulations 2010 (S.I. 2010/2956);

• article 4(5) of the Export Control (Somalia) Order (S.I. 2011/146);

• regulation 14(3)(a) of the Egypt (Asset-Freezing) Regulations 2011 (S.I. 2011/887);

• regulation 14(3)(a) of the Tunisia (Asset-Freezing) Regulations 2011 (S.I. 2011/888);

• regulation 14(3)(a) of the Iran (Asset-Freezing) Regulations 2011 (S.I. 2011/1129);

• regulation 6(8) of the Disclosure of State Pension Credit Information (Warm Home Discount) Regulations 2011 (S.I. 2011/1830);

• regulation 14(3)(a) of the Afghanistan (Asset-Freezing) Regulations 2011 (S.I. 2011/1893);

• article 6(2) of the Export Control (Belarus) and (Syria Amendment) Order 2011 (S.I. 2011/2010);

• regulation 14(3)(a) of the ISIL (Da'esh) and Al-Qaida (Asset-Freezing) Regulations 2011 (S.I. 2011/2742);

• regulation 18(3)(a) of the Syria (European Union Financial Sanctions) Regulations 2012 (S.I. 2012/129);

• regulation 6(7) of the Local Authorities (Conduct of Referendums) (England) Regulations 2012 (S.I. 2012/323);

• regulation 12(7) of the Local Authorities (Conduct of Referendums) (Council Tax Increases) (England) Regulations 2012 (S.I. 2012/444);

• regulation 13(3)(a) of the Guinea-Bissau (Asset-Freezing) Regulations 2012 (S.I. 2012/1301);

• regulation 13(3)(a) of the Iraq (Asset-Freezing) Regulations 2012 (S.I. 2012/1489);

• regulation 13(3)(a) of the Republic of Guinea (Asset-Freezing) Regulations 2012 (S.I. 2012/1508);

• regulation 13(3)(a) of the Democratic Republic of the Congo (Asset-Freezing) Regulations 2012 (S.I. 2012/1511);

• regulation 13(3)(a) of the Eritrea (Asset-Freezing) Regulations 2012 (S.I. 2012/1515);

• regulation 13(3)(a) of the Lebanon and Syria (Asset-Freezing) Regulations 2012 (S.I. 2012/1517);

• regulation 6(6) of the Neighbourhood Planning (Referendums) Regulations 2012 (S.I. 2012/2031);

• regulation 13(3)(a) of the Belarus (Asset-Freezing) Regulations 2013 (S.I. 2013/164);

• article 17(2) of the Export Control (Syria Sanctions) Order 2013 (S.I. 2013/2012);

• regulation 12(3)(a) of the Ukraine (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/507);

• regulation 12(3)(a) of the Central African Republic (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/587);

• regulation 12(3)(a) of the Ukraine (European Union Financial Sanctions) (No. 2) Regulations 2014 (S.I. 2014/693);

• regulation 12(3)(a) of the Sudan (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/1826);

• regulation 6(3)(a) of the Ukraine (European Union Financial Sanctions) (No. 3) Regulations 2014 (S.I. 2014/2054);

• article 11(2) of the Export Control (Russia, Crimea and Sevastopol Sanctions) Order 2014 (S.I. 2014/2357);

• regulation 12(3)(a) of the Yemen (European Union Financial Sanctions) Regulations 2014 (S.I. 2014/3349);

• regulation 11(6) of the Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015 (S.I. 2015/979);

• regulation 12(3)(a) of the South Sudan (European Union Financial Sanctions) (No. 2) Regulations 2015 (S.I. 2015/1361);

• article 7(2) of the Export Control (Democratic Republic of Congo Sanctions and Miscellaneous Amendments and Revocations) Order 2015 (S.I. 2015/1546);

• regulation 12(3)(a) of the Burundi (European Union Financial Sanctions) Regulations 2015 (S.I. 2015/1740);

• regulation 14(1)(f)(i) of the Payment Card Interchange Fee Regulations 2015 (S.I. 2015/1911);

• regulation 13(3)(a) of the Iran (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/36);

• regulation 12(3)(a) of the Libya (European Union Financial Sanctions) Regulations 2016 (S.I. 2016/45);

• article 15(2) of the Export Control (Iran Sanctions) Order 2016 (S.I. 2016/503);

• article 9(2) of the Export Control (Libya Sanctions) Order 2016 (S.I. 2016/787);

• regulation 39(3) of the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154);

• regulation 19(5) of the Childcare (Early Years Provision Free of Charge) (Extended Entitlement) Regulations 2016 (S.I. 2016/1257);

• regulation 26(3)(a) of the Democratic People's Republic of Korea (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/218);

• regulation 135(1)(g)(i) of the Payment Services Regulations 2017 (S.I. 2017/752);

• regulation 12(3)(a) of the Republic of Mali (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/972);

• regulation 12(3)(a) of the Venezuela (European Union Financial Sanctions) Regulations 2017 (S.I. 2017/1094);

• paragraph 16(2) of the Schedule to the Environmental Protection (Microbeads) (England) Regulations 2017 (S.I. 2017/1312);

• article 8(5) of the Export Control (Venezuela Sanctions) Order 2018 (S.I. 2018/108);

• article 22(4) of the Export Control (North Korea Sanctions) Order 2018 (S.I. 2018/200);

• regulation 11(3) of the Nuclear Security (Secretary of State Security Directions) Regulations 2018 (S.I. 2018/408);

• regulation 12(3)(a) of the Burma (European Union Financial Sanctions) Regulations 2018 (S.I. 2018/539);

• paragraph 16(2) of the Schedule to the English language text of the Environmental Protection (Microbeads) (Wales) Regulations 2018 (S.I. 2018/760 (W.151));

• regulation 12(3)(a) of the Republic of Maldives (Asset-Freezing) Regulations 2018 (S.I. 2018/861);

• article 8(4) of the Export Control (Burma Sanctions) (No. 2) Order 2018 (S.I. 2018/894);

• regulation 12(3)(a) of the Chemical Weapons (Asset-Freezing) and Miscellaneous Amendments Regulations 2018 (S.I. 2018/1090);

• regulation 51(5) of the Iran (Sanctions) (Human Rights) (EU Exit) Regulations 2019 (S.I. 2019/134);

• regulation 51(5) of the Venezuela (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/135);

• regulation 51(5) of the Burma (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/136);

• regulation 110(5) of the Democratic People's Republic of Korea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/411);

• regulation 49(5) of the Democratic Republic of the Congo (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/433);

• regulation 49(5) of the South Sudan (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/438);

• regulation 56(5) of the Iran (Sanctions) (Nuclear) (EU Exit) Regulations 2019 (S.I. 2019/461);

• regulation 39(4) of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466);

• regulation 31(4) of the Republic of Guinea-Bissau (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/554);

• regulation 42(5) of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573);

• regulation 28(4) of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577);

• regulation 48(5) of the Republic of Belarus (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/600);

• regulation 49(5) of the Zimbabwe (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/604);

• regulation 31(4) of the Chemical Weapons (Sanctions) (EU Exit) Regulations 2019 (S.I. 2109/618);

• regulation 79(5) of the Syria (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/792);

• regulation 80(5) of the Russia (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/855);

• regulation 12(3)(a) of the Cyber-Attacks (Asset-Freezing) Regulations 2019 (S.I. 2019/956);

• regulation 30(4) of the Burundi (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1142);

• regulation 30(4) of the Guinea (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/1145);

• regulation 12(3)(a) of the Nicaragua (Asset-Freezing) Regulations 2019 (S.I. 2019/1353);

• regulation 12(3)(a) of the Turkey (Asset-Freezing) Regulations 2019 (S.I. 2019/1512).

• article 9(1)(b)(i) and (2)(b)(i) of the Andrey Lugovoy and Dmitri Kovtun Freezing Order 2020 (S.I. 2020/36);

• regulation 30(4) of the Cyber (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/597);

• regulation 31(4) of the Bosnia and Herzegovina (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/608);

• regulation 30(4) of the Nicaragua (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/610);

• regulation 24(3) of the Lebanon (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/612);

• regulation 49(5) of the Central African Republic (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/616);

• regulation 25(3) of the Lebanon (Sanctions) (Assassination of Rafiq Hariri and others) (EU Exit) Regulations 2020 (S.I. 2020/617);

• regulation 63(5) of the Somalia (Sanctions) (EU Exit) Regulations 2020 (S.I. 2020/642);

• regulation 32(4) of the Global Human Rights Sanctions Regulations 2020 (S.I. 2020/680).

(2) In the Welsh language text of regulation 6(7) of the Local Authorities (Conduct of Referendums) (Wales) Regulations 2008 (S.I. 2008/1848 (W.177)), for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ paragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”.

(3) In the Welsh language text of the following provisions, for “adran 154(1) o Ddeddf Cyfiawnder Troseddol 2003” substitute “ baragraff 24(2) o Atodlen 22 i Ddeddf Dedfrydu 2020 ”

• paragraph 6(2) of Schedule 3 to the Environmental Civil Sanctions (Wales) Order 2010 (S.I. 2010/1821 (W.178));

• paragraph 16(2) of the Schedule to the Environmental Protection (Microbeads) (Wales) Regulations 2018 (S.I. 2018/760 (W.151)).

Commencement Information

I914 Sch. 24 para. 446 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Commencement

447 E+W The following provisions of this Schedule, which relate to dealing with a person for an offence or in relation to a sentence for an offence, have effect only where the offender is convicted of the offence on or after [F80 1 December 2020]—

• paragraphs 6 and 7 (amendments of the Prevention of Crime Act 1953);

• paragraph 8 (amendment of section 21 of the Copyright Act 1956);

• paragraphs 9 to 13 (amendments of the Criminal Appeal Act 1968);

• paragraph 14 (amendments of section 8(1ZA) of the Criminal Appeal Act 1968);

• paragraphs 16 and 17 (amendments of the Firearms Act 1968);

• paragraph 26 (amendments of Schedule 9 to the Administration of Justice Act 1970);

• paragraph 27 (amendments of section 4A of the Misuse of Drugs Act 1971);

• paragraph 29 (amendment of section 119(2) of the Consumer Credit Act 1974);

• paragraph 30 (amendment of section 43(7) of the Solicitors Act 1974);

• paragraph 34 (amendment of section 7(2)(d) of the Rehabilitation of Offenders Act 1974);

• paragraphs 36 and 37 (amendments of the Bail Act 1976);

• paragraph 38 (amendment of section 3(1) of the Criminal Law Act 1977);

• paragraph 41 (amendment of section 29 of the Ancient Monuments and Archaeological Areas Act 1979);

• paragraph 42 (amendment of section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980);

• paragraphs 43, 45, 47, 48 and 50 to 59 (amendments of the Magistrates' Courts Act 1980);

• paragraph 64 (amendment of section 4(5)(b) of the Criminal Attempts Act 1981);

• paragraph 68 (amendment of section 52 of the Senior Courts Act 1981);

• paragraph 71 (amendment of section 46(3) of the Criminal Justice Act 1982);

• paragraphs 73 and 74 (amendments of the Mental Health Act 1983);

• paragraphs 81 to 83 (amendments of the Prosecution of Offences Act 1985);

• paragraph 86 (amendment of section 2(1) of the Surrey Act 1985);

• paragraph 87 (amendment of section 2(1) the Clwyd County Council Act 1985);

• paragraphs 89 to 93 (amendments of the Criminal Justice Act 1988);

• paragraphs 95 and 96 (amendments of the Copyright, Designs and Patents Act 1988);

• paragraph 98 (amendment of section 164(5) of the Road Traffic Act 1988);

• paragraphs 99, 102, 105(2) and 106 (amendments of the Road Traffic Offenders Act 1988);

• paragraph 107 (amendment of section 14A(5) of the Football Spectators Act 1989);

• paragraph 114(2) (amendment of paragraph 13(2)(c) of Schedule 3 to the Children Act 1989);

• paragraphs 116 and 117 (amendments of the Environmental Protection Act 1990);

• paragraph 122 (amendment of section 121(2) of the Social Security Administration Act 1992);

• paragraph 123 (amendment of section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992);

• paragraphs 126 and 127 (amendments of the Vehicle Excise and Registration Act 1994);

• paragraph 130 (amendment of section 136(7A) of the Criminal Justice and Public Order Act 1994);

• paragraphs 135 to 140 (amendments of the Criminal Procedure and Investigations Act 1996);

• paragraph 144 (amendment of section 5A of the Protection from Harassment Act 1997);

• paragraphs 147 and 148 (amendments of the Crime (Sentences) Act 1997);

• paragraphs 152, 153, 157 and 158 (amendments of the Crime and Disorder Act 1998);

• paragraphs 164 to 167 and 170 (amendments of the Powers of Criminal Courts (Sentencing) Act 2000);

• paragraphs 171 and 172 (amendments of the Terrorism Act 2000);

• paragraphs 181 to 184, 189, 192, 193, 195 and 198 (amendments of the Proceeds of Crime Act 2002);

• paragraphs 229 to 232, 241, 242, 248 and 249 (amendments of the Criminal Justice Act 2003);

• paragraphs 251 and 252 (amendments of the Domestic Violence, Crime and Victims Act 2004);

• paragraphs 254 and 255 (amendments of the Serious Organised Crime and Police Act 2005);

• paragraph 257 (amendment of paragraph 7 of Schedule 5 to the Wireless Telegraphy Act 2006);

• paragraph 258 (amendments of section 29 of the Violent Crime Reduction Act 2006);

• paragraph 264 (amendment of section 36(5) of the Serious Crime Act 2007);

• paragraph 265 (amendment of section 8 of the London Local Authorities Act 2007);

• paragraphs 266, 267 and 270 (amendments of the Criminal Justice and Immigration Act 2008);

• paragraphs 271 and 272 (amendments of the Education and Skills Act 2008);

• paragraphs 273, 274 and 276(a) (amendments of sections 30 and 42 of, and paragraph 2(1) of Schedule 6 to, the Counter-Terrorism Act 2008);

• paragraphs 277 and 278 (amendments of the Coroners and Justice Act 2009);

• paragraph 284 (amendment of section 23(5)(a) of the Terrorism Prevention and Investigation Measures Act 2011);

• paragraph 290 (amendments of section 4(12) of the Prevention of Social Housing Fraud Act 2013);

• paragraph 291 (amendment of section 10(6)(a) of the Counter-Terrorism and Security Act 2015);

• paragraphs 293 and 294 (amendments of the Modern Slavery Act 2015);

• paragraphs 295 and 296 (amendments of the Psychoactive Substances Act 2016);

• paragraph 298 (amendment of section 8(4) of the Stalking Protection Act 2019);

• paragraph 316 (amendments of regulation 14 of the Costs in Criminal Cases (General) Regulations 1986);

• paragraph 321 (amendment of article 3(b) of the Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997);

• paragraph 350 (amendment of paragraph 3A(3) of Schedule 1 to the Criminal Justice Act 1988 (Reviews of Sentencing) Order 2006);

• paragraphs 351 to 357 (amendments of the Serious Organised Crime and Police Act 2005 (Appeals under Section 74) Order 2006);

• paragraphs 359 to 361 (amendments of the Criminal Defence Service (Funding) Order 2007);

• paragraphs 362 to 364 (amendments of the Community Order (Review by Specified Courts) Order 2007);

• paragraphs 373 to 379 (amendments of the Armed Forces (Service Civilian Court) Rules 2009);

• paragraph 380 (amendment of regulation 3A of the Armed Forces (Financial Penalty Enforcement Orders) Regulations 2009);

• paragraphs 387 and 390 to 395 (amendments of the Armed Forces (Court Martial) Rules 2009);

• paragraphs 396 to 399 (amendments of the Armed Forces (Civilian Courts Dealing with Service Offences) (Modification of the Criminal Justice Act 2003) Regulations 2009);

• paragraphs 404 to 407 (amendments of the Criminal Justice Act 2003 (Surcharge) Order 2012);

• paragraph 410 (amendments of regulation 9 of the Criminal Legal Aid (General) Regulations 2013);

• paragraphs 414 to 416 (amendments of the Criminal Legal Aid (Remuneration) Regulations 2013);

• paragraphs 419 and 420 (amendments of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2014);

• paragraphs 429 to 431 (amendments of the Prosecution of Offences Act 1985 (Criminal Courts Charge) Regulations 2015);

• paragraph 435 (amendment of article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) (No. 2) Order 2016);

• paragraph 436 (amendment of article 3 of the Criminal Justice (Electronic Monitoring) (Responsible Person) Order 2017);

• paragraph 438 (amendment of article 3 of the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018;

• Part 6 (amendment of provisions referring to section 154 of the Criminal Justice Act 2003).

Textual Amendments

F80 Words in Sch. 24 para. 447 substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(7)(d)

Commencement Information

I915 Sch. 24 para. 447 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 411

SCHEDULE 25 E+W Amendments to the Armed Forces Act 2006

PART 1 E+W Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

1 E+W Chapter 1 of Part 8 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I916 Sch. 25 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

2 E+W After section 177 insert—

“177A Effect of service compensation order on subsequent award of damages in civil proceedings

(1) This section has effect where—

(a) a service compensation order has been made in favour of any person in respect of any injury, loss or damage, and

(b) a claim by the person in civil proceedings for damages in respect of the injury, loss or damage subsequently falls to be decided by a court in England and Wales.

(2) The damages in the civil proceedings must be assessed without regard to the order.

(3) But the claimant may recover only an amount equal to the aggregate of—

(a) any amount by which the damages assessed exceed the compensation, and

(b) a sum equal to any portion of the compensation which the person fails to recover (“unrecovered compensation”).

(4) The claimant may not enforce the judgment, so far as it relates to unrecovered compensation, without the leave of the court.”

Commencement Information

I917 Sch. 25 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

3 (1) Section 178 (service community orders) is amended as follows. E+W

(2) In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.

(3) For subsections (2) to (4) substitute—

“(2) The following provisions of the Sentencing Code apply in relation to a service community order under this Act—

(a) section 203 (restriction on making both community order and suspended sentence order);

(b) sections 206 and 207 (community order: available requirements);

(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than paragraph 17(2)(c) of that Schedule (condition for mental health treatment requirement) (see also the modifications to Schedule 9 made by section 179 of this Act);

(d) section 208(10) to (14) (further requirements);

(e) section 209 (end date);

(f) section 210 (specification of local justice area);

(g) section 217 (power to provide for court review);

(h) section 212(1) to (3) and (5) (provision of copies);

(i) sections 213 to 216 (obligations of responsible officer and offender);

(j) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by section 181 of this Act);

(k) section 219 and Schedule 11 (transfer of community order to Scotland or Northern Ireland) (see also the modifications to Schedule 11 made by section 180 of this Act);

(l) section 220 (when order ceases to be in force);

(m) section 394 (rules relating to community orders);

(n) section 395 (data from electronic monitoring code).

(3) In the application of those provisions, other than Schedule 10, references to a community order include a service community order.

See section 181(1) of this Act as regards references to a community order in Schedule 10.

(4) In the application of those provisions, other than in Schedules 10 and 11, references to a court include a relevant service court.

See section 180 of this Act as regards references to a court in Schedule 11.”

(4) Omit subsection (5).

Commencement Information

I918 Sch. 25 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

4 E+W For section 179 (periodic review etc of service community orders) substitute—

“179 Review of service community order imposing drug rehabilitation requirement

(1) In their application to a service community order, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.

(2) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for paragraphs (4) to (6) there were substituted—

“(4) In this paragraph “the responsible court”, in relation to a service community order imposing a drug rehabilitation requirement, means the Crown Court.”

(3) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—

“(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—

(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;

(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

(5B) Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.””

Commencement Information

I919 Sch. 25 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

5 E+W For section 180 (transfer of service community order to Scotland or Northern Ireland) substitute—

“180 Transfer of service community order to Scotland or Northern Ireland

(1) In its application to service community orders, Schedule 11 to the Sentencing Code (transfer of community orders to Scotland or Northern Ireland) applies with the following modifications.

(2) In paragraphs 1, 3, 5, 6, 7, 9, 11, 12, 13, 15 and 17 the references to a court are to be read as including a relevant service court.

(3) In paragraph 14, the reference to a court in England and Wales is to be read as including a relevant service court.

(4) In paragraph 15(d), the reference to the powers of the court making or amending the community order is to be read as a reference to the powers of the Crown Court.

(5) In paragraph 21(6) to (8), the references to the court which made the order are to be read as including a relevant service court.

(6) In paragraph 22(1), the reference to the court which made the order or which last amended the order in England and Wales is to be read as a reference to the Crown Court.

(7) In paragraphs 23 to 26, the references to a court in England and Wales are to be read as references to the Crown Court.

(8) In this section “relevant service court” has the same meaning as in section 178.”

Commencement Information

I920 Sch. 25 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

6 E+W For section 181 (breach, revocation or amendment of service community order) substitute—

“181 Breach, revocation or amendment of service community order

(1) Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to a service community order as it applies to a Crown Court community order (within the meaning of that Schedule) with the following modifications.

(2) Paragraph 1(1) has effect as if, for the definition of “appropriate court” there were substituted—

““appropriate court” means the Crown Court;”.

(3) Part 1 has effect as if, after paragraph 5, the following paragraph were inserted—

“Re-sentencing powers E+W

5A(1) Sub-paragraphs (2) and (3) apply where—

(a) this Schedule provides the court with a power to re-sentence an offender for the offence in respect of which a service community order was made, and

(b) the service community order was made by the Service Civilian Court.

(2) A term of imprisonment or detention in a young offender institution imposed under the power to re-sentence the offender must not exceed 6 months.

(3) A fine imposed under the power to re-sentence the offender must not exceed the prescribed sum (within the meaning of section 32 of the Magistrates' Courts Act 1980).

(4) Where a sentence is passed by virtue of a power in this Schedule for a court to re-sentence an offender, section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.”

(4) Paragraph 11 has effect as if sub-paragraph (3) were omitted.

(5) Paragraph 27 has effect as if sub-paragraphs (3)(b), (5) and (6) were omitted.”

Commencement Information

I921 Sch. 25 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

7 (1) Section 182 (overseas community orders) is amended as follows. E+W

(2) In subsection (1), in paragraph (a), for the words from “mentioned” to “Act)” substitute “ listed in column 1 of the community order requirements table in section 201 of the Sentencing Code ”.

(3) In subsection (1A), for the words from “a requirement” to the end, substitute “any of the following—

(a) a foreign travel prohibition requirement;

(b) an alcohol abstinence and monitoring requirement;

(c) an electronic compliance monitoring requirement;

(d) an electronic whereabouts monitoring requirement.”

(4) In subsection (2), omit “mentioned in section 177(1) of the 2003 Act”.

(5) For subsections (3) to (5) substitute—

“(3) The following provisions of the Sentencing Code apply in relation to an overseas community order under this Act—

(a) section 203 (restriction on making both community order and suspended sentence order);

(b) sections 206 and 207(3) (community order: available requirements);

(c) section 208(2) and Schedule 9 (requirements relating to community orders), other than the following provisions of that Schedule—

(i) paragraph 3(1)(b) (unpaid work requirement: availability of arrangements);

(ii) paragraph 10(3) (requirement to impose electronic monitoring requirement when imposing curfew requirement);

(iii) paragraph 12 (requirement to impose electronic monitoring requirement when imposing exclusion requirement);

(iv) paragraph 15 (foreign travel prohibition requirement);

(v) paragraph 17(2)(c) (condition for mental health treatment requirement);

(vi) paragraphs 21 and 22 (periodic review of drug rehabilitation requirement);

(vii) paragraphs 25 and 26 (alcohol abstinence and monitoring requirement);

(viii) paragraph 28(a) (availability of attendance centre);

(ix) paragraphs 29 to 35 (electronic monitoring);

(d) section 208(10) to (14) (further requirements) (see also the modifications to section 208(11) made by section 183(2) of this Act);

(e) section 209 (end date);

(f) section 212(1) to (3) and (5) (provision of copies) (see also the modifications made to section 212 by section 183(3) of this Act);

(g) sections 213 to 216 (obligations of responsible officer and offender) (see also the modifications made to sections 214 and 216 by section 183(4) and (5) of this Act);

(h) section 218 and Schedule 10 (breach, revocation or amendment of community order) (see also the modifications to Schedule 10 made by Schedule 6A to this Act);

(i) section 220 (when order ceases to be in force);

(j) section 394 (rules relating to community orders).

(4) In the application of those provisions to an overseas community order, references to a community order include an overseas community order.

(5) In the application of those provisions to an overseas community order, other than in Schedule 10, references to a court include a relevant service court.

See Schedule 6A to this Act as regards references to a court in Schedule 10.”

Commencement Information

I922 Sch. 25 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

8 E+W For section 183 (overseas community orders: modifications of 2003 Act) substitute—

“183 Overseas community orders: modifications of the Sentencing Code

(1) The provisions of the Sentencing Code mentioned in section 182(3) apply in relation to an overseas community order with the modifications set out in subsections (2) to (5).

(2) Section 208(11) has effect as if, before paragraph (a) there were inserted—

“(za) the offender is aged under 18 when convicted of the offence in respect of which the order is made;”.

(3) Section 212 (provision of copies of community order and related documents) has effect as if, in subsection (2), for paragraphs (a) to (d) there were substituted—

“(a) to the offender,

(b) to the offender's commanding officer,

(c) if the offender is aged under 14, to the offender's parent or guardian,

(d) if the order imposes an education requirement under Schedule 6 to the Armed Forces Act 2006, to Service Children's Education,

(e) to the responsible officer, and

(f) to an officer of a provider of probation services that is a public sector provider who is acting at the court.”

(4) Section 214 (obligations of responsible officer) has effect as if, at the end of subsection (2) there were inserted “, and

(c) where appropriate, to take steps to enforce those requirements.”

(5) Section 216 (duty of offender to obtain permission before changing residence) has effect as if, in subsection (4), for the words from “has the same meaning” to the end, there were substituted “ means the court that made the order ”.

(6) Schedule 6 makes provision about the application of the provisions of the Sentencing Code mentioned in section 182(3) where an overseas community order relates to a young offender.”

Commencement Information

I923 Sch. 25 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

9 E+W In section 184 (breach, revocation or amendment of overseas community order), for the words from the beginning to “2003 Act” substitute “ Schedule 6A (application of Schedule 10 to the Sentencing Code ”.

Commencement Information

I924 Sch. 25 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

10 E+W Omit Schedule 5 (breach, revocation and amendment of community punishments).

Commencement Information

I925 Sch. 25 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

11 (1) Schedule 6 (overseas community orders) is amended as follows. E+W

(2) In the shoulder reference, for “section 182” substitute “ section 183(6) ”.

(3) In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.

(4) In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.

(5) In paragraph 3 (residence requirement)—

(a) for sub-paragraph (1) substitute—

“(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

(a) in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b) in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.”;

(b) in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;

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

(d) omit sub-paragraph (5).

(6) In paragraph 4 (mental health requirement)—

(a) in sub-paragraph (1)—

(i) for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;

(ii) for “of offender to mental health requirement” substitute “ condition ”;

(b) in sub-paragraph (2)—

(i) for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;

(ii) for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.

(7) In paragraph 5 (drug rehabilitation requirement)—

(a) in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;

(c) in sub-paragraph (3)—

(i) for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;

(ii) for “of offender to drug rehabilitation requirement” substitute “ condition ”.

(8) In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.

(9) In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.

Commencement Information

I926 Sch. 25 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

12 E+W After Schedule 6, insert—

Section 184

“SCHEDULE 6A E+W Breach, revocation and amendment of overseas community orders

1 Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) applies to an overseas community order as it applies to a community order, with the modifications set out in this Schedule.

Preliminary E+W

2 Part 1 (preliminary) has effect as if—

(a) in paragraph 1(1), for the definition of “appropriate court” there were substituted—

““appropriate court” means the court that made the overseas community order;”;

(b) paragraphs 2 to 4 were omitted;

(c) in paragraph 5 (orders made on appeal), for “Crown Court” there were substituted “ Court Martial ”.

Breach of requirement of order E+W

3 Part 2 (breach of requirement of order) has effect as if—

(a) paragraph 6 were modified as set out in paragraph 4 of this Schedule;

(b) paragraph 7 were omitted;

(c) for paragraphs 8 and 9 there were substituted the paragraph 8A set out in paragraph 5 of this Schedule;

(d) paragraph 10 were omitted;

(e) paragraph 11 were modified as set out in paragraph 6 of this Schedule;

(f) after paragraph 11 there was inserted the paragraph 11A set out in paragraph 7 of this Schedule.

4 Paragraph 6 (duty to give warning or refer matter to enforcement officer) has effect as if—

(a) in sub-paragraph (2), for the words “refer the matter to an enforcement officer” there were substituted “ apply to the court that made the order for the exercise of its powers in relation to the breach in question ”;

(b) in sub-paragraph (3), for paragraph (b) there were substituted—

“(b) apply to the court that made the order for the exercise of its powers in relation to the breach.”

5 The paragraph 8A (substituted for paragraphs 8 and 9) is as follows—

“Issue of summons or warrant E+W

8A (1) This paragraph applies where—

(a) an overseas community order under the Armed Forces Act 2006 is in force, and

(b) it appears to the court that made the order, on an application by the responsible officer, that the offender has breached a requirement of the order.

(2) The court may—

(a) issue a summons requiring the offender to appear at the place and time specified in it, or

(b) issue a warrant for the offender's arrest.

(3) A summons or warrant issued under this paragraph must direct the offender to appear or be brought before the court issuing the summons or warrant.

(4) Where—

(a) a summons is issued under this paragraph, and

(b) the offender does not appear in answer to the summons,

the court may issue a warrant for the arrest of the offender.”

6 Paragraph 11 (powers of Crown Court) has effect as if—

(a) for the heading, there were substituted “ Powers of court that made the order ”;

(b) in sub-paragraph (1)(a), for “Crown Court under paragraph 9 or by virtue of paragraph 10(3)” there were substituted “ court under paragraph 8A ”;

(c) in sub-paragraph (2), for “Crown Court” there were substituted “ court ” (in both places);

(d) sub-paragraph (3) were omitted;

(e) in sub-paragraph (4), for “Crown Court” there were substituted “ court ”;

(f) in sub-paragraph (6)—

(i) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(ii) for “230(2)” there were substituted “ 260(2) of that Act ”;

(g) in sub-paragraph (7), for “Crown Court” there were substituted “ court ”;

(h) sub-paragraph (8) were omitted.

7 The paragraph 11A to be inserted after paragraph 11 is as follows—

“Further provision about fines imposed under paragraph 11 E+W

11A (1) Section 251 of the Armed Forces Act 2006 (power to order payment of fine by instalments) applies to a fine imposed under paragraph 11(2)(a) as it applies to a fine imposed by a court for a service offence.

(2) Sub-paragraph (3) applies where a court imposes a fine under paragraph 11(2)(a) on an offender who—

(a) is aged under 18 when the fine is imposed, and

(b) has a service parent or service guardian (within the meaning of section 268 of the Armed Forces Act 2006).

(3) Subsections (2) to (4) of section 268 of the Armed Forces Act 2006 (payment of fine by service parent or service guardian) apply in relation to the fine imposed under paragraph 11(2)(a) as they apply in relation to a fine in the circumstances mentioned in subsection (1) that section, but with the reference in subsection (2) of section 268 to the time of conviction being read as a reference to the time the fine is imposed.

(4) Section 269(2) of the Armed Forces Act 2006 (power of court to make financial statement order before making order under section 268) does not apply in relation to an order under section 268 which is made by virtue of sub-paragraph (3).”

Revocation of order E+W

8 Part 3 (revocation of order with or without re-sentencing) has effect as if—

(a) paragraph 14 were omitted;

(b) in paragraph 15—

(i) for the heading there were substituted “ Overseas community order ”;

(ii) in sub-paragraph (1), for “a Crown Court” there were substituted “ an overseas ”;

(iii) in sub-paragraph (1), in the words after paragraph (b), for “Crown Court” there were substituted “ court that made the order ”;

(iv) in sub-paragraphs (3), (4) and (6), for “Crown Court” there were substituted “ court ”.

Amendment of order E+W

9 Part 4 (amendment of order) has effect as if—

(a) paragraphs 16 and 17 were omitted;

(b) in paragraph 18—

(i) in sub-paragraph (2), paragraph (b) were omitted;

(ii) in sub-paragraph (9)(b)—

(a) after “custodial sentence” there were inserted “ within the meaning of the Armed Forces Act 2006 ”, and

(b) for “230(2)” there were substituted “ 260(2) of that Act ”;

(c) paragraph 19 were omitted.

Conviction of further offence E+W

10 Part 5 (conviction of further offence) has effect as if—

(a) in the heading above paragraph 22, for “magistrates' court” there were substituted “ Service Civilian Court ”;

(b) in paragraph 22—

(i) for “Paragraphs 23 and 24 apply” there were substituted “ Paragraph 23 applies ”;

(ii) after sub-paragraph (a) (but before the “and”) there were inserted—

“(aa) the existing community order was made by the Service Civilian Court,”;

(iii) in sub-paragraph (b), for “a magistrates' court” there were substituted “ the Service Civilian Court ”;

(c) in paragraph 23, sub-paragraphs (1) and (6) were omitted;

(d) paragraph 24 were omitted;

(e) in the heading above paragraph 25, for “Crown Court” there were substituted “ Court Martial ”;

(f) in paragraph 25—

(i) in sub-paragraphs (1)(a), (2), (3), (4) and (5), for “Crown Court” there were substituted “ Court Martial ”;

(ii) sub-paragraph (1)(b) were omitted.

Supplementary E+W

11 Part 6 (supplementary) has effect as if—

(a) paragraph 26 were omitted;

(b) paragraph 27 were modified as set out in paragraph 12 of this Schedule.

12 Paragraph 27 (provision of copies of orders etc) has effect as if—

(a) for sub-paragraph (2) there were substituted—

“(2) The court administration officer (within the meaning of the Armed Forces Act 2006) must provide copies of the revoking or amending order to—

(a) the offender,

(b) the responsible officer,

(c) the offender's commanding officer, and

(d) if the offender is aged under 14, the offender's parent or guardian.”;”;

(b) sub-paragraph (3) were omitted;

(c) in the opening words of sub-paragraph (4), for “the court” there were substituted “ the court administration officer (within the meaning of the Armed Forces Act 2006) ”;

(d) in the table in sub-paragraph (4), at the end there were inserted—

“An education requirement

Service Children's Education”;

(e) sub-paragraphs (5) to (7) were omitted.

Court Martial Rules E+W

13 If Court Martial Rules provide that powers of the Court Martial under Schedule 10 to the Sentencing Code as applied by this Schedule are to be exercised by a judge advocate, the rules may also disapply section 160 of this Act in relation to sentences passed under that Schedule.

Appeals E+W

14 A person who—

(a) is sentenced by the Court Martial under paragraph 25(2)(b)(ii) of Schedule 10 to the Sentencing Code as applied by this Schedule, and

(b) was not convicted by the Court Martial of the offence in respect of which the sentence is passed,

is to be treated, for the purpose of enabling an appeal under the Court Martial Appeals Act 1968 against the sentence, as if he or she had been so convicted.”

Commencement Information

I927 Sch. 25 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

13 E+W In section 185 (conditional or absolute discharge), in subsection (2)(b), for “section 12(1)(b) of the Sentencing Act” substitute “ section 80(5) of the Sentencing Code ”.

Commencement Information

I928 Sch. 25 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Amendments to Chapter 2 of Part 8: consecutive sentences

14 E+W Chapter 2 of Part 8 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I929 Sch. 25 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

15 (1) Section 188 (consecutive sentences) is amended as follows. E+W

(2) In subsection (2)—

(a) after paragraph (a) insert—

“(aa) a determinate sentence of detention in a young offender institution;”;

(b) in paragraph (c), for “section 226B of the 2003 Act” substitute “ section 254 of the Sentencing Code ”.

(3) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) a determinate sentence of detention in a young offender institution passed in respect of a service offence or by a civilian court in England and Wales;”;

(b) in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”;

(c) after paragraph (b) insert—

“(ba) a sentence of detention under section 254 of the Sentencing Code (whether or not passed as a result of section 221A of this Act);”;

(d) in paragraph (c)—

(i) omit “226B or”;

(ii) omit “221A or”.

(4) After subsection (4) insert—

“(4A) The sentences referred to in subsection (4)(a) and (aa) are to be taken to include a custodial order under—

(a) section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957, or

(b) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.”

(5) In subsection (5)—

(a) in paragraph (a), for “not falling within paragraph (a)” substitute “ or detention in a young offender institution not falling within paragraph (a) or (aa) ”;

(b) in paragraph (b), after “(b)” insert “ , (ba) ”.

Commencement Information

I930 Sch. 25 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Amendments to Chapter 4 of Part 8: suspended sentence orders

16 E+W Chapter 4 of Part 8 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I931 Sch. 25 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

17 E+W In the Chapter heading, for “under 12 Months” substitute “ two years or less ”.

Commencement Information

I932 Sch. 25 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

18 E+W Omit section 196 (and the italic heading before it).

Commencement Information

I933 Sch. 25 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

19 E+W For section 200 substitute—

“200 Suspended sentence orders

(1) In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a) section 264 (suspended sentence order for offender under 21: availability);

(b) section 277 (suspended sentence order for person aged 21 or over: availability);

(c) in Chapter 5 of Part 10 (suspended sentences)—

(i) section 286 (suspended sentence order);

(ii) section 292 (power to impose requirements);

(iii) section 298 (provision of copies of order etc);

(iv) section 302 (duty to obtain permission before changing residence);

(d) Schedule 9 (community requirements), other than paragraphs 21 and 22 (review of drug rehabilitation requirement);

(e) in Schedule 17 (transfer of suspended sentence orders to Scotland and Northern Ireland)—

(i) paragraph 1 (restriction on making relevant suspended sentence order where offender resides in Scotland);

(ii) paragraph 4 (restriction on making relevant suspended sentence order where offender resides in Northern Ireland);

(iii) Part 3 (making of orders);

and the provisions of the Sentencing Code relating to suspended sentence orders apply accordingly to suspended sentence orders made by a relevant service court.

(2) In their application to a suspended sentence order made by a relevant service court, the provisions of the Sentencing Code relating to suspended sentence orders are modified as set out in—

(a) sections 200A to 204, and

(b) Schedule 7 (modifications of Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order and effect of further conviction)).

200A Modifications of section 286 of the Sentencing Code

Section 286 of the Sentencing Code has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) after subsection (2) there were inserted—

“(2A) But a court may not specify a requirement to be complied with outside the United Kingdom.”;

(b) in subsection (3), for paragraph (a) (but not the “or” after it) there were substituted—

“(a) commits during the operational period—

(i) another service offence (within the meaning of the Armed Forces Act 2006), or

(ii) an offence under the law of any part of the British Islands,”.”

Commencement Information

I934 Sch. 25 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

20 E+W In section 202 (order with community requirements: disapplication of certain provisions)—

(a) for “Chapter 4 of Part 12 of the 2003 Act” substitute “ the Sentencing Code ”;

(b) for “section 207(3)(a)(ii)” substitute “ paragraph 17(2)(c) of Schedule 9 ”;

(c) for “section 219(3)” substitute “ section 298(4) ”.

Commencement Information

I935 Sch. 25 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

21 E+W For section 203 (review of order with community requirements), substitute—

“203 Review of order with community requirements

(1) Section 293 of the Sentencing Code (power to provide for review of suspended sentence order) has effect in relation to a suspended sentence order made by a relevant service court as if for subsections (4) to (6) there were substituted—

“(4) In this section “the responsible court” in relation to a suspended sentence order means the Crown Court.”

(2) In their application to a suspended sentence order made by a relevant service court, paragraphs 21 and 22 of Schedule 9 to the Sentencing Code are modified as follows.

(3) Paragraph 21 (court review of drug rehabilitation requirement) has effect as if for sub-paragraphs (4) to (6) there were substituted—

“(4) In this paragraph “the responsible court”, in relation to a suspended sentence order made by a relevant service court imposing a drug rehabilitation requirement, means the Crown Court.”

(4) Paragraph 22 (periodic review of drug rehabilitation requirement) has effect as if after sub-paragraph (5) there were inserted—

“(5A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (4)(b) must not exceed—

(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;

(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

(5B) Where a sentence is passed under sub-paragraph (4)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.”.”

Commencement Information

I936 Sch. 25 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

22 E+W For section 204 (transfer to Scotland or Northern Ireland of order with community requirements) substitute—

“204 Transfer to Scotland or Northern Ireland of order with community requirements

Schedule 17 to the Sentencing Code (transfer of suspended sentence orders to Scotland or Northern Ireland) has effect in relation to a suspended sentence order made by a relevant service court as if—

(a) in paragraph 23, sub-paragraph (1)(b) and (c) were omitted;

(b) in paragraph 25, sub-paragraphs (b) and (c) were omitted;

(c) in paragraph 38, sub-paragraph (3)(b) were omitted;

(d) in paragraph 41(1), for the definition of “original court” there were substituted—

““original court”, in relation to an SSSO or an NISSO, means the Crown Court;”.”

Commencement Information

I937 Sch. 25 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

23 E+W Omit section 205.

Commencement Information

I938 Sch. 25 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

24 E+W Omit section 206.

Commencement Information

I939 Sch. 25 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

25 E+W For section 207 (definitions for purposes of Chapter) substitute—

“207 Definitions for purposes of Chapter

In this Chapter—

• “relevant service court” means any of the following—

  (a)

  the Court Martial;

  (b)

  the Service Civilian Court;

  (c)

  the Court Martial Appeal Court;

  (d)

  the Supreme Court on an appeal brought from the Court Martial Appeal Court;

• “suspended sentence order” has the same meaning as in the Sentencing Code (see section 286(6) of that Code);

• “suspended sentence order with community requirements” means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).”

Commencement Information

I940 Sch. 25 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

26 E+W For Schedule 7 (suspended prison sentence: further conviction or breach of requirement) substitute—

Section 200(2)(b)

“SCHEDULE 7 E+W Suspended sentence orders: breach or amendment; effect of further conviction

1 Schedule 16 to the Sentencing Code (breach or amendment of suspended sentence order, and effect of further conviction) applies to a suspended sentence order made by a relevant service court with the following modifications.

Preliminary E+W

2 Part 1 (preliminary) has effect as if—

(a) in paragraph 1(1), for the definition of “the appropriate court” there were substituted—

““the appropriate court” means the Crown Court;”;

(b) at the end of paragraph 1(1) there were inserted—

““relevant service court” has the same meaning as in Chapter 4 of Part 8 of the Armed Forces Act 2006 (see section 207 of that Act);

“service offence” has the same meaning as in the Armed Forces Act 2006 (see section 50 of that Act).”;

(c) paragraphs 3 to 5 were omitted.

Breach of community requirement or conviction of further offence E+W

3 Part 2 (breach of community requirement or conviction of further offence) has effect as if—

(a) in paragraph 6(4)(c), for “a court” there were substituted “ the Crown Court ”;

(b) in paragraph 7, for paragraph (b) there were substituted—

“(b) where appropriate, cause an information to be laid before the Crown Court in respect of the offender's breach of the requirement.”;

(c) paragraph 8 were omitted;

(d) in paragraph 9—

(i) in the heading, the words “Crown Court order:” were omitted;

(ii) in sub-paragraph (1), for “Crown Court order” there were substituted “ suspended sentence order made by a relevant service court ”;

(e) paragraph 10 were omitted;

(f) paragraphs 11 to 15 were modified as set out in paragraphs 4 to 8 of this Schedule;

(g) after paragraph 15 there were inserted the paragraph 15A set out in paragraph 9 of this Schedule;

(h) paragraphs 17 to 19 were modified as set out in paragraphs 10 to 12 of this Schedule;

(i) paragraph 20 were omitted.

4 Paragraph 11 (offender before magistrates' court: further conviction) has effect as if—

(a) sub-paragraph (1) were omitted;

(b) in sub-paragraph (2), for the words from “made” to the end, there were substituted “made by a relevant service court, the magistrates' court must notify the appropriate officer of the Court Martial of the conviction.”;

(c) sub-paragraphs (3) and (4) were omitted.

5 Paragraph 12 (offender before Crown Court: breach of community requirement or further conviction) has effect as if—

(a) in the heading, after “Crown Court” there were inserted “ , Court Martial or Service Civilian Court ”;

(b) in sub-paragraph (1)(b), the words “or (3)” were omitted;

(c) in sub-paragraph (2), paragraph (a)(iii) (but not the “and” following it) were omitted;

(d) for sub-paragraph (3) there were substituted—

“(3) Where—

(a) an offender to whom a suspended sentence order relates is convicted of a service offence or an offence under the law of any part of the British Islands that was committed during the operational period of the order,

(b) the suspended sentence order has not taken effect, and

(c) either—

(i) the offender is so convicted by the Crown Court, the Court Martial or the Service Civilian Court, or

(ii) the offender subsequently appears or is brought before the Court Martial,

the court must deal with the case under paragraph 13.

(3A) Anything that under section 376(1) and (2) of the Armed Forces Act 2006 is treated as a conviction for the purposes of that Act is also to be treated as a conviction for the purposes of sub-paragraph (3).”

6 Paragraph 13 (powers of court to deal with offender on breach of requirement or subsequent conviction) has effect as if—

(a) in sub-paragraph (1)—

(i) in the opening words, for “a court” there were substituted “ the Crown Court, the Court Martial or the Service Civilian Court ”;

(ii) in paragraph (c), at the beginning there were inserted “where the court dealing with the offender is the Crown Court,”;

(b) sub-paragraph (2) were omitted.

7 Paragraph 14 (exercise of power in paragraph 13: duty to make activation order where not unjust) has effect as if—

(a) in sub-paragraph (1), for “The court” there were substituted “ The Crown Court, the Court Martial or the Service Civilian Court ”;

(b) in sub-paragraph (2)(b), the words “11 or” were omitted.

8 Paragraph 15 (activation orders: further provision) has effect as if—

(a) in the heading, after “orders” there were inserted “ made by the Crown Court ”;

(b) in sub-paragraph (1), for “a court” there were substituted “ the Crown Court ”;

(c) for sub-paragraph (3) there were substituted—

“(3) For the purpose of any enactment conferring rights of appeal against sentence in criminal cases—

(a) the activation order is to be treated as a sentence passed on the offender by the Crown Court for the offence for which the suspended sentence was passed, and

(b) the offender is to be treated as if he or she had been convicted on indictment of that offence.”;

(d) in sub-paragraph (4) at the end there were inserted “and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act)”.

9 The paragraph 15A to be inserted after paragraph 15 is as follows—

“Activation orders made by the Court Martial or the Service Civilian Court: further provision E+W

15A (1) This paragraph applies where the Court Martial or the Service Civilian Court makes an activation order relating to a suspended sentence.

(2) The activation order may provide for—

(a) the sentence to take effect immediately, or

(b) the term of the sentence to begin on the expiry of another custodial sentence passed on the offender.

(3) The reference in sub-paragraph (2) to another custodial sentence does not include a sentence from which the offender has been released early under Chapter 6 of Part 12 of the Criminal Justice Act 2003 or Part 2 of the Criminal Justice Act 1991.

(4) For the purposes of sections 285 to 287 of the Armed Forces Act 2006 (appeals from Service Civilian Court) or, as the case may be, the Court Martial Appeals Act 1968—

(a) an activation order made by the Court Martial or the Service Civilian Court is to be treated as a sentence passed on the offender, by the court that made the order, for the offence for which the suspended sentence was passed, and

(b) if the offender was not convicted of that offence by that court, he or she is to be treated for the purpose of enabling an appeal against the order as if he or she had been so convicted.

(5) For the purposes of any appeal against the order, references in section 16A of the Court Martial Appeals Act 1968 to passing a sentence include making an order.

(6) In this paragraph “custodial sentence” includes a pre-Code custodial sentence (see section 222(4)) and a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act).”

10 Paragraph 17 (treatment requirement: reasonable refusal to undergo certain treatment) has effect as if, in sub-paragraph (2), the words “10(1)(b) or” were omitted.

11 Paragraph 18 (duty of court in Scotland or Northern Ireland when informed of suspended sentence) has effect as if—

(a) in sub-paragraph (b), for “in England or Wales” there were substituted “ (anywhere) by a relevant service court ”;

(b) in the words following sub-paragraph (b), for “the court by which the suspended sentence was passed” there were substituted “ the Court Martial ”.

12 Paragraph 19 (issue of summons or warrant where court convicting of further offence does not deal with suspended sentence) has effect as if—

(a) in sub-paragraph (1)—

(i) in the opening words, for “the Crown Court” there were substituted “ the Court Martial ”;

(ii) in paragraph (a), for the words from “United Kingdom” to “Court” there were substituted “ British Islands of an offence committed during the operational period of a suspended sentence order passed by a relevant service court, or has been convicted of a service offence committed during that period ”;

(b) in sub-paragraph (2), for “Crown Court” there were substituted “ Court Martial ”;

(c) in sub-paragraph (3), for “Crown Court” there were substituted “ Court Martial ”.

Amendment of order E+W

13 Part 3 (amendment of order) has effect as if in paragraph 25 (amendment of community requirements of suspended sentence order), after sub-paragraph (8) there were inserted—

“(8A) In a case where the order was made by the Service Civilian Court, a term of imprisonment or detention in a young offender institution or fine imposed under sub-paragraph (7)(b) must not exceed—

(a) in the case of a term of imprisonment or detention in a young offender institution, 6 months;

(b) in the case of a fine, the prescribed sum within the meaning of section 32 of the Magistrates' Courts Act 1980.

(8B) Where a sentence is passed under sub-paragraph (7)(b), section 9 of the Criminal Appeal Act 1968 (appeal against sentence) applies as if the offender had been convicted on indictment of the offence for which the sentence was passed.”

Supplementary E+W

14 Part 4 (supplementary) has effect as if in paragraph 28 (provision of copies of orders etc)—

(a) in sub-paragraph (1) for “a court” there were substituted “ the Crown Court or a relevant service court ”;

(b) in sub-paragraph (3), paragraph (b) were omitted;

(c) sub-paragraphs (5) and (6) were omitted.”

Commencement Information

I941 Sch. 25 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Amendments to Chapter 5 of Part 8: custodial sentences for young offenders

27 E+W Chapter 5 of Part 8 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I942 Sch. 25 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

(a) for “18” substitute “ 21 ”;

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

Commencement Information

I943 Sch. 25 para. 28 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

29 (1) Section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period) is amended as follows. E+W

(2) In subsection (2)(a), for “18” substitute “ 21 ”.

(3) In subsection (6), for “18” substitute “ 21 ”.

Commencement Information

I944 Sch. 25 para. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

30 E+W After section 210 insert—

“210A Offenders under 21: offences other than murder; discretionary custody for life

(1) This section applies where a person aged at least 18 but under 21 is convicted by the Court Martial of an offence—

(a) for which the sentence is not fixed by law, but

(b) which is punishable in the case of a person aged 21 or over with imprisonment for life.

(2) If the court considers that a sentence for life would be appropriate, it is to sentence the offender to custody for life under section 272(2)(a) of the Sentencing Code.

(3) Sections 260 (threshold for imposing discretionary custodial sentence) and 261 (length of discretionary custodial sentence: general provision), in particular, apply for the purposes of subsection (2).

210B Offenders under 21: power to impose detention in a young offender institution

(1) A sentence of detention in a young offender institution is available to the Court Martial or the Service Civilian Court dealing with an offender for an offence where—

(a) the offender is aged at least 18 but under 21 when convicted,

(b) the offence is punishable with imprisonment in the case of a person aged 21 or over, and

(c) the court is not required to pass a sentence of—

(i) detention at Her Majesty's pleasure, or

(ii) custody for life.

(2) The maximum term of detention in a young offender institution that a court may impose for an offence is the same as the maximum term of imprisonment that it may impose for the offence in the case of a person aged 21 or over.

(3) The minimum term of a sentence of detention in a young offender institution is 21 days.”

Commencement Information

I945 Sch. 25 para. 30 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

31 E+W In section 211 (offenders under 18: detention and training orders)—

(a) in subsection (1)(a), for “18 or over” substitute “ 21 or over ”;

(b) in subsection (3)(c), for the words from “on” to the end substitute “ after paragraph (aa) of section 234(1) of the Sentencing Code comes into force (see paragraph 27(1)(b) of Schedule 22 to the Sentencing Act 2020). ”

Commencement Information

I946 Sch. 25 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

32 (1) Section 212 (term of detention and training order: general) is amended as follows. E+W

(2) In subsections (1)(b) and (2)(c), for “18” substitute “ 21 ”.

(3) In subsection (3), for “provides otherwise under section 101(3) of the Sentencing Act” substitute “ orders otherwise under section 237 of the Sentencing Code ”.

Commencement Information

I947 Sch. 25 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

33 (1) Section 213 (application of provisions relating to civilian detention and training orders) is amended as follows. E+W

(2) For subsections (1) to (3) substitute—

“(1) In the following provisions of the Sentencing Code, references to a detention and training order include an order under section 211 of this Act—

(a) sections 237 to 248;

(b) Schedule 12.

(2) In the following provisions of the Sentencing Code, “court” includes a relevant service court—

(a) sections 237 to 240;

(b) section 246;

(c) sections 253 and 257;

(d) section 270.

(3) In its application to an order under section 211, section 239 of the Sentencing Code has effect as if—

(a) references to an offender's being remanded in custody were references to an offender's being kept in service custody, and

(b) subsection (5) were omitted.

(3A) In its application to a relevant service court, section 253 of the Sentencing Code has effect as if the references to a sentence of detention under section 250 were references to a sentence of detention under 209 of this Act.

(3B) In its application to a relevant service court, section 257 of the Sentencing Code has effect as if the references to an extended sentence of detention under section 254 were references to an extended sentence of detention under that section imposed as a result of section 221A of this Act.”

(3) In subsection (4), for “section 104(3) (further period of detention or supervision) of the Sentencing Act” substitute “ paragraph 3(2)(a) of Schedule 12 to the Sentencing Code (further period of detention) ”.

(4) For subsection (5) substitute—

“(5) Paragraph 5(2) of Schedule 12 to the Sentencing Code has effect as if, in the closing words, after “Schedule” there were inserted “ and section 214 of the Armed Forces Act 2006 ”.”

(5) In subsection (6)—

(a) in the definition of “further period of supervision” for “section 104(3)(aa) of the Sentencing Act” substitute “ paragraph 3(2)(b) of Schedule 12 to the Sentencing Code ”;

(b) for the definition of “supervision requirements” substitute—

““supervision requirement” has the meaning given in paragraph 1 of Schedule 12 to the Sentencing Code”.

(6) Omit subsection (7).

(7) At the end insert—

“(8) In this section, “relevant service court” has the same meaning as in Chapter 4 of Part 8 (see section 207).”

Commencement Information

I948 Sch. 25 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

34 (1) Section 214 (offences during currency of detention and training order) is amended as follows. E+W

(2) After subsection (1) insert—

“(1A) This section also applies to a person in respect of whom a service FSO has been made if—

(a) before the date on which the period of further supervision under the service FSO ends, he commits an offence within subsection (2) (“the new offence”); and

(b) whether before or after that date, he is convicted of the new offence.

(1B) A service FSO is an order under paragraph 3(2)(b) of Schedule 12 to the Sentencing Code subjecting the offender to a further period of supervision as a result of breach of supervision requirements—

(a) during a period of supervision under an order under section 211 of this Act,

(b) during a further period of supervision imposed for breach of supervision requirements during a period within paragraph (a), or

(c) during one of a series of further periods of supervision—

(i) each of which apart from the first was imposed for breach of supervision requirements during the previous further period of supervision, and

(ii) the first of which was imposed for breach of supervision requirements during a period within paragraph (a).

Terms used in this subsection have the same meaning as in section 213(4) (see section 213(6)).”

(3) In subsection (3)(b), at the end insert “ or (1A) (as the case may be) ”.

(4) In subsection (7)(c), for “section 105 of the Sentencing Act” substitute “ paragraph 7 of Schedule 12 to the Sentencing Code ”.

Commencement Information

I949 Sch. 25 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

35 E+W In section 215 (section 214: definitions etc)—

(a) in subsection (1), for “Section 101(13) of the Sentencing Act” substitute “ Section 238(3) of the Sentencing Code ”;

(b) in subsection (3), for “section 107 of the Sentencing Act” substitute “ section 248 of the Sentencing Code ”.

Commencement Information

I950 Sch. 25 para. 35 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Amendments to Chapter 6 of Part 8: sentences for certain offences

36 E+W Chapter 6 of Part 8 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I951 Sch. 25 para. 36 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

37 E+W In section 217 (mandatory life imprisonment), for subsection (2) substitute—

“(2) Where on conviction the offender is 21 or over, the court must sentence the offender to imprisonment for life.

(3) Where on conviction the offender is aged under 21, the court must pass on the offender a sentence of custody for life under section 275 of the Sentencing Code.

(4) Subsection (3) does not apply where the offender is liable to be detained under section 218 (detention at Her Majesty's pleasure for offender under 18).”

Commencement Information

I952 Sch. 25 para. 37 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

38 (1) Section 218A (life sentence for second listed offence) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), for “Part 1 of Schedule 15B to the 2003 Act” substitute “ Part 1 of Schedule 15 to the Sentencing Code ”;

(b) in paragraph (c), for “after this section comes into force” substitute “ on or after the relevant date ”.

(3) After subsection (1) insert—

“(1A) In subsection (1)(c), “relevant date”, in relation to an offence, means the date specified for the corresponding offence (as mentioned in subsection (1)(b)) in Part 1 of Schedule 15 to the Sentencing Code.

(1B) Where the offender is under 21 when convicted of the offence under section 42, section 273(3) of the Sentencing Code (duty of court to impose custody for life except in exceptional circumstances) applies in relation to the offender.”

(4) In subsection (2), for “Section 224A(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 283(3) of the Sentencing Code (duty of court to impose imprisonment for life except in exceptional circumstances) ”.

(5) In subsection (3)—

(a) in the opening words—

(i) for “section 224A(2)(a) of that Act” substitute “ sections 273(3)(a) and 283(3)(a) of that Code ”;

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

(b) in paragraph (a), for “ “the offence”” substitute “ “the index offence” ”;

(c) in paragraph (b), for “subsection (4)” substitute “ subsection (5) ”.

(6) In subsection (4)—

(a) after “more,” insert “ 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, ”;

(b) for “section 226A of the 2003 Act” substitute “ section 266 or 279 of the Sentencing Code ”.

(7) In subsection (5)(a), for “Schedule 15B to the 2003 Act” substitute “ Schedule 15 to the Sentencing Code ”.

(8) After subsection (5) insert—

“(5A) For the purposes of subsection (5), Schedule 15 is to be read as if Part 1 did not include any offence for which the date specified in that Part is after the date on which the offence under section 42 was committed.”

(9) In subsection (6), for “section 224A(4)(b) of the 2003 Act (see subsections (5) to (10) of that section)” substitute “ section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or section 283(5)(b) of that Code (see subsections (7) to (12) of that section) ”.

(10) In subsection (7), for “section 224A(2) of that Act” substitute “ section 273(3) or 283(3) of the Sentencing Code ”.

(11) In subsection (8), for “and (5)(a)” substitute “ , (5)(a) and (5A) ”.

Commencement Information

I953 Sch. 25 para. 38 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

39 (1) Section 219 (life sentence for certain dangerous offenders aged 18 or over) is amended as follows. E+W

(2) In subsection (1)(b), for “serious offence” substitute “ Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) ”.

(3) After subsection (1) insert—

“(1A) Where the offender is under 21 when convicted of the offence under section 42, section 274(3) of the Sentencing Code (duty to impose custody for life) applies in relation to the offender.”

(4) In subsection (2) for “Section 225(2) of the 2003 Act” substitute “ Where the offender is 21 or over when convicted of the offence under section 42, section 285(3) of the Sentencing Code (duty to impose imprisonment for life) ”.

(5) In subsection (3) for “section 225(2) of the 2003 Act (as applied by subsection (2))” substitute “ sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2)) ”.

(6) Omit subsection (4).

(7) In subsection (5), for “section 225 of the 2003 Act” substitute “ section 274 or 285 of the Sentencing Code ”.

Commencement Information

I954 Sch. 25 para. 39 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

40 (1) Section 219A (extended sentences for certain violent, sexual or terrorism offenders aged 18 or over) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;

(b) for paragraph (d) (but not the “and” following it) substitute—

“(d) the court is not required—

(i) by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;

(ii) by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;

(iii) by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;

(iv) by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life;”.

(3) In subsection (2), for “Schedule 15B to the 2003 Act” substitute “ Schedule 14 to the Sentencing Code ”.

(4) In subsection (3), for “extended sentence of imprisonment under section 226A of the 2003 Act” substitute “ extended sentence of detention in a young offender institution or an extended sentence of imprisonment ”.

(5) For subsections (4) to (6) substitute—

“(4) Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.

(5) Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.

(6) In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.

(7) Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.

(8) Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.

(9) In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.”

Commencement Information

I955 Sch. 25 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

41 (1) Section 221 (life sentence for certain dangerous offenders aged under 18) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (a), after “conduct)” insert “ which was committed on or after 4 April 2005 ”;

(b) in paragraph (b), for “serious offence” substitute “ Schedule 19 offence within the meaning of Part 10 of the Sentencing Code (see section 307 of that Code) ”;

(c) after paragraph (b) (but before the word “and” following it) insert—

“(ba) the court considers that the seriousness of—

(i) the offence under section 42, or

(ii) that offence and one or more offences associated with it,

is such as to justify the imposition of a sentence of detention for life,”.

(3) In subsection (2), for “Section 226(2) of the 2003 Act” substitute “ Section 258(2) of the Sentencing Code (duty to impose detention for life) ”.

(4) For subsection (3) substitute—

“(3) In section 258(2) of the Sentencing Code (as applied by subsection (2)), the reference to section 250 of that Code is to be read as a reference to section 209 of this Act.”

(5) Omit subsection (5).

(6) In subsection (6), for “section 226 of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”.

Commencement Information

I956 Sch. 25 para. 41 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

42 (1) Section 221A (extended sentence for certain violent, sexual or terrorism offenders aged under 18) is amended as follows. E+W

(2) In subsection (1)—

(a) in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;

(b) in paragraph (d), for “section 226(2) of the 2003 Act” substitute “ section 258(2) of the Sentencing Code ”;

(c) in paragraph (e), omit “under section 226B of the 2003 Act”.

(3) For subsections (2) to (4) substitute—

“(2) An extended sentence of detention under section 254 of the Sentencing Code is available in respect of the offence.

(3) Subsections (2) to (5) of section 256 of the Sentencing Code apply where a court is determining—

(a) the appropriate custodial term, and

(b) the extension period,

of an extended sentence of detention to be imposed on an offender under section 254 of the Sentencing Code by virtue of this section.

(4) In their application to an offender by virtue of subsection (3), subsections (2) to (5) of section 256 of the Sentencing Code are modified as follows—

(a) subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;

(b) subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;

(c) in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.”

Commencement Information

I957 Sch. 25 para. 42 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

43 (1) Section 223 (the “required opinion” for the purposes of sections 219 to 221A) is amended as follows. E+W

(2) In subsection (2)—

(a) for “section 229(2) and (2A) of the 2003 Act” substitute “ subsections (2) and (3) of section 308 of the Sentencing Code ”;

(b) for “section 229(1) of that Act” substitute “ subsection (1) of that section ”.

(3) For subsection (3) substitute—

“(3) In section 308(2)(a) of the Sentencing Code as applied by this section, the reference to the offence is to be read as a reference to the offence under section 42 of this Act.”

(4) In subsection (4), in the definition of “serious harm”, for “section 224 of the 2003 Act” substitute “ section 306 of the Sentencing Code ”.

Commencement Information

I958 Sch. 25 para. 43 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

44 E+W For section 224 (place of detention under certain sentences), substitute—

“224 Place of detention for extended sentences for offenders aged under 18

Section 261 of the Sentencing Code (detention in pursuance of extended sentence) applies to detention imposed by virtue of section 221A of this Act as it applies to detention under section 254 of that Code.”

Commencement Information

I959 Sch. 25 para. 44 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

I960 Sch. 25 para. 45 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

46 E+W In section 225 (third drug trafficking offence)—

(a) in subsection (1)(b), for “section 110 of the Sentencing Act” substitute “ section 313 of the Sentencing Code ”;

(b) in subsection (2), for “section 110(2) of that Act” substitute “ section 313(2) of that Code ”.

Commencement Information

I961 Sch. 25 para. 46 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

47 E+W In section 226 (third domestic burglary)—

(a) in subsection (1)(b), for “section 111 of the Sentencing Act” substitute “ section 314 of the Sentencing Code ”;

(b) in subsection (2), for “section 111(2) of that Act” substitute “ section 314(2) of that Code ”.

Commencement Information

I962 Sch. 25 para. 47 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

48 (1) Section 227 (firearms offences) is amended as follows. E+W

(2) In subsection (1)—

(a) after paragraph (a) (but before the “and”) insert—

“(aa) the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code;”;

(b) in paragraph (b), for “the corresponding offence under the law of England and Wales, section 51A of the Firearms Act 1968 (c.27)” substitute “ that corresponding offence, section 311 of the Sentencing Code ”.

(3) In subsection (2), for “section 51A(2) of that Act” substitute “ section 311(2) of the Sentencing Code ”.

(4) In subsection (3)—

(a) for “section 51A(4)(a)(ii) of that Act (interpretation of section 51A(2))” substitute “ section 311(3)(a) of that Code ”;

(b) for “section 91 of the Sentencing Act” substitute “ section 250 of that Code ”.

Commencement Information

I963 Sch. 25 para. 48 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

49 (1) Section 227A (offences of threatening with a weapon on public or on school premises) is amended as follows. E+W

(2) After subsection (1), insert—

“(1A) Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which—

(a) relate to the offence or to the offender, and

(b) would make it unjust to do so in all the circumstances.”

(3) In subsection (2), at the beginning insert “ Where the offender is aged 21 or over at the time of conviction, ”.

(4) Omit subsection (3).

Commencement Information

I964 Sch. 25 para. 49 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

50 (1) Section 228 (appeals where previous convictions set aside) is amended as follows. E+W

(2) In subsection (1B)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.

(3) In subsection (1D)(a), for “section 226A of the 2003 Act (as applied by section 219A of this Act)” substitute “ section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act ”.

(4) In subsection (3A)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.

Commencement Information

I965 Sch. 25 para. 50 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 6 E+W Amendments to Part 9: sentencing: principles and procedures

51 E+W Part 9 of the Armed Forces Act 2006 is amended as follows.

Commencement Information

I966 Sch. 25 para. 51 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

(a) for paragraph (b) substitute—

“(b) an offence the sentence for which falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(ba) an offence the sentence for which falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(bb) an offence the sentence for which falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(bc) an offence the sentence for which falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(bd) an offence the sentence for which falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(be) an offence the sentence for which falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences);”;

(b) in paragraph (c), for “227A(2)” substitute “ 227A(1A) or (2) (threatening with a weapon in public or on school premises) ”.

Commencement Information

I967 Sch. 25 para. 52 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

53 E+W In section 238 (deciding the seriousness of an offence), at the end insert—

“(6) In section 69 of the Sentencing Code (seriousness of offence with terrorist connection)—

(a) the references to a court are to be read as including a court dealing with an offender for an offence under section 42, and

(b) the reference in subsection (1) to an offence specified in Schedule 1 to that Code is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence specified in Schedule 1.”

Commencement Information

I968 Sch. 25 para. 53 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

54 E+W In section 239 (reduction in sentences for guilty pleas)—

(a) in subsection (4), for “110(2) or 111(2) of the Sentencing Act” substitute “ 313(2) or 314(2) of the Sentencing Code ”;

(b) in subsection (5), for “110(2) or 111(2) of that Act” substitute “ 313(2) or 314(2) of that Code ” in both places it occurs;

(c) in subsection (6), for “227A(2)” substitute “ 227A(1A) or (2) ” in both places it occurs.

Commencement Information

I969 Sch. 25 para. 54 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

55 E+W In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6), after paragraph (b) (but before the “and”) insert—

“(ba) an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act,”.

Commencement Information

I970 Sch. 25 para. 55 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

56 E+W In section 247 (crediting of time in service custody: supplementary), in subsection (7), for “any sentence within paragraph (a), (b) or (c)” substitute “ a sentence within any of paragraphs (a) to (c) ”.

Commencement Information

I971 Sch. 25 para. 56 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

57 E+W In section 257 (pre-sentence reports: supplementary)—

(a) in subsection (1), for “section 158(1) of the 2003 Act” substitute “ section 31(1) of the Sentencing Code ”;

(b) in subsection (2)—

(i) for “section 158(1) of that Act” substitute “ section 31(1) of that Code ”, and

(ii) for “section 158(2) of that Act” substitute “ section 31(2) of that Code ”;

(c) in subsection (4)—

(i) for “Section 159(1) to (3) and (5) of the 2003 Act” substitute “ Section 32(1) to (4) and (6) of the Sentencing Code ”, and

(ii) for “section 156 of that Act” substitute “ section 30 of that Code ”.

Commencement Information

I972 Sch. 25 para. 57 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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

(a) in subsection (1), for paragraph (b) (and the “or” preceding it) substitute—

“(b) falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(c) falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(d) falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(e) falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(f) falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(g) falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or

(h) falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises).”;

(b) in subsection (4B), for the words from “section 226A(6)” to the end substitute “—

(a) section 268(2) or 281(2) of the Sentencing Code, as applied by section 219A of this Act (extended sentences for offenders aged 18 or over), or

(b) section 256(2) of the Sentencing Code, as applied by section 221A of this Act (extended sentences for offenders aged under 18).”

Commencement Information

I973 Sch. 25 para. 58 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

59 E+W In section 261 (length of discretionary custodial sentences: general provision), in subsection (1), for the words from “section 224A” to the end substitute “—

(a) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence),

(b) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or

(c) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18).”

Commencement Information

I974 Sch. 25 para. 59 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

60 E+W After section 261, insert—

“261A Life sentences: further provision

(1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial.

(2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial—

(a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”;

(b) subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”.

(3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial, subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”.

(4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted—

““life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006—

(a) a sentence of imprisonment for life,

(b) a sentence of detention for life or during Her Majesty's pleasure, or

(c) a sentence of custody for life;”.”

Commencement Information

I975 Sch. 25 para. 60 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

61 E+W In section 262 (power to recommend licence conditions), for “section 238(1) of the 2003 Act” substitute “ section 328 of the Sentencing Code ”.

Commencement Information

I976 Sch. 25 para. 61 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

62 E+W After section 262, insert—

“262A Conversion of sentence of detention to sentence of imprisonment

(1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence.

(2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications.

(3) In subsection (5)—

(a) paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”;

(b) the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”.

(4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted—

“(a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life));

(b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006;

(c) a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006);

(d) a sentence of detention in a young offender institution;

(e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006);

(f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).””

Commencement Information

I977 Sch. 25 para. 62 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

63 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 custodial sentence on an offender who is aged under 21 on conviction, or”.

Commencement Information

I978 Sch. 25 para. 63 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

64 E+W In section 269A (fines: fixing of term of imprisonment for default), in subsection (2), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.

Commencement Information

I979 Sch. 25 para. 64 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

65 E+W In section 269B (service compensation orders: power to set maximum term of imprisonment for default), in subsection (4), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.

Commencement Information

I980 Sch. 25 para. 65 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

66 E+W In section 270 (community punishments: general restrictions), in subsection (2A)—

(a) for “section 177(2A) of the 2003 Act” substitute “ section 208(10) and (11) of the Sentencing Code ”;

(b) for “section 178(3) and section 182(3A)” substitute “ section 178(2) and 182(3) ”.

Commencement Information

I981 Sch. 25 para. 66 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

67 E+W In section 270A (exception to restrictions on community punishments), in subsection (6)—

(a) in paragraph (b), for sub-paragraph (i) substitute—

“(i) section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);”;

(b) in paragraph (c), for “section 161A of the 2003 Act” substitute “ section 42 of the Sentencing Code (or section 161A of the 2003 Act) ”.

Commencement Information

I982 Sch. 25 para. 67 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

68 E+W In section 271 (civilian courts dealing with service offences), in subsection (2)—

(a) omit paragraph (a), and

(b) in paragraph (b), omit “other”.

Commencement Information

I983 Sch. 25 para. 68 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 7 E+W Miscellaneous further amendments

Amendment to Part 7 (trial by Court Martial) E+W

69 E+W In section 164(3), for “under 12 months” substitute “ two years or less ”.

Commencement Information

I984 Sch. 25 para. 69 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendments to Part 10 (Court Martial decisions: appeal and review) E+W

70 E+W In section 273 (review of unduly lenient sentence by Court Martial Appeal Court)—

(a) in subsection (6)(b), for the words from “section 224A” to the end substitute “—

(i) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(ii) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(iii) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(iv) section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(v) section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(vi) section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or

(vii) section 227A(1A) or (2) (threatening with a weapon in public or on school premises);”;

(b) in subsection (7), for “an order specified in subsection (7A)” substitute “ a minimum term order under section 321 of the Sentencing Code ”;

(c) omit subsection (7A).

Commencement Information

I985 Sch. 25 para. 70 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendments to Part 11 (The Service Civilian Court) E+W

71 (1) Section 283 (imprisonment: maximum term) is amended as follows. E+W

(2) In subsection (1), for “12 months” substitute “ 6 months ”.

(3) In subsection (2), for “65 weeks” substitute “ 12 months ”.

(4) At the end insert—

“(3) In this section, references to imprisonment include detention in a young offender institution.”

Commencement Information

I986 Sch. 25 para. 71 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

72 E+W In section 284 (fines and compensation: maximum amounts), in subsection (3), for “section 131(1) of the Sentencing Act” substitute “ section 139(2) of the Sentencing Code ”.

Commencement Information

I987 Sch. 25 para. 72 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendments to Part 12 (service and effect of certain sentences) E+W

73 E+W In section 294 (rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.

Commencement Information

I988 Sch. 25 para. 73 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

74 E+W In section 302 (remission of certain sentences on passing of custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.

Commencement Information

I989 Sch. 25 para. 74 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

75 E+W In section 304 (sentences passed by civilian courts), in subsection (1), for “a sentence of imprisonment” substitute “ any sentence ”.

Commencement Information

I990 Sch. 25 para. 75 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendments to Part 13 (discipline: miscellaneous and supplementary) E+W

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

Commencement Information

I991 Sch. 25 para. 76 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

77 E+W In section 322 (financial penalty enforcement orders), in subsection (4), in the definition of “financial penalty”, in paragraph (a), for “paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5” substitute “ paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A ”.

Commencement Information

I992 Sch. 25 para. 77 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Amendments to Part 19 (supplementary) E+W

78 (1) Section 374 (definitions applying for purposes of whole Act) is amended as follows. E+W

(2) In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.

(3) In the definition of “custodial sentence”—

(a) in paragraph (b), for “(certain young offenders)” substitute “ , 221 or 221A (detention of offenders under 18) ”;

(b) omit paragraph (ea);

(c) after paragraph (f) insert—

“(g) a sentence of detention in a young offender institution imposed under or as a result of this Act;

(h) a sentence of custody for life imposed under or as a result of this Act;”.

(4) In the definition of “suspended sentence of imprisonment”, for “section 189(1) of the 2003 Act” substitute “ section 286 of the Sentencing Code ”.

Commencement Information

I993 Sch. 25 para. 78 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

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 [F81 (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,”;

[F82 (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”.

[F83 (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

F81 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)

F82 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)

F83 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);

[F84 (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

F84 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

[F85 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

F85 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

[F85 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

F85 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

[F86 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

F86 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)

Section 412

SCHEDULE 27 E+W Transitional provisions and savings

PART 1 E+W Continuity of the law

Continuity of the law: general E+W

1 E+W The substitution of the Sentencing Code for the provisions repealed by this Act does not affect the continuity of the law.

Commencement Information

I994 Sch. 27 para. 1 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Subordinate legislation etc E+W

2 E+W Any subordinate legislation, code of practice, guidance, accreditation, arrangement, notice or notification that—

(a) is made, issued or given, or has effect as if made, issued or given, under a provision repealed by this Act, and

(b) is in force or effective immediately before the commencement date,

has effect on and after that date, so far as it relates (by reason of paragraph 4 or an amendment made by this Act) to an offence of which the offender is convicted on or after that date, as if made, issued or given under the corresponding provision of the Sentencing Code.

Commencement Information

I995 Sch. 27 para. 2 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

References to provisions of the Sentencing Code E+W

3 (1) A reference (express or implied) to a provision of the Sentencing Code, if contained in— E+W

(a) a document, or

(b) a statutory provision that is amended by a specified paragraph of Schedule 24 (see sub-paragraph (2)),

is to be read (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision.

(2) The specified paragraphs of Schedule 24 are paragraphs 1, 2, 5, 15(4), 20 to 22, 24, 25, 31(3), 32(5)(a) to (e), 35, 60, 62, 65 to 67, 70(b), 72, 75, 77, 85, 88, 105(3), 108, 109, 111, 114(3), 115, 118 to 121, 128, 132 to 134, 141, 142, 149, 154, 155(2), (4)(a) and (6), 159, 161 to 163, 172(a), 177, 180, 194, 197, 200, 204, 211, 212, 216, 217, 219(3), 222, 243, 250, 259, 261, 262, 268, 279 to 281, 283, 285 to 287, 289(3), 303 to 306, 308, 310, 315, 319, 320, 324, 337, 343 to 345, 347 to 349, 358, 367, 371, 382 to 384, 385(3), 388, 389, 400, 402, 409, 412, 417, 421, 423, 426 and 428.

Commencement Information

I996 Sch. 27 para. 3 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

References to provisions repealed by this Act E+W

4 E+W A reference (express or implied) to a provision repealed by this Act, if contained in—

(a) a document, or

(b) a statutory provision that is not amended by this Act,

is to be read (so far as the context permits), as respects an offence of which the offender is convicted on or after the commencement date, as being or (according to the context) including a reference to the corresponding provision of the Sentencing Code.

Commencement Information

I997 Sch. 27 para. 4 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Relationship with Interpretation Act 1978 E+W

5 E+W Paragraphs 1 to 4 have effect instead of section 17(2) of the Interpretation Act 1978 (but do not affect the application of any other provision of that Act).

Commencement Information

I998 Sch. 27 para. 5 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Interpretation E+W

6 E+W In this Part—

• “document” means any document whenever made, served or issued;

• “enactment” includes an enactment contained in subordinate legislation;

• “repeal” includes revoke (where the context permits);

• “statutory provision” means a provision of an enactment;

• “subordinate legislation” means orders, regulations or rules.

Commencement Information

I999 Sch. 27 para. 6 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 2 E+W Referral orders

7 (1) This paragraph applies where— E+W

(a) a court makes a referral order in respect of an offence (the “Code offence”), and

(b) the offender has been convicted before [F87 1 December 2020] of another offence (the “pre-Code offence”) for which he or she is to be dealt with at the same time.

In this paragraph “referral order” has the meaning given by section 83(1).

(2) In subsections (2) to (4) of section 89 (making of referral order: effect on court's other sentencing powers) a reference to an order under the Sentencing Code is to be read, in relation to the pre-Code offence, as a reference to the corresponding order applicable to that offence.

(3) In subsections (3) to (5) of section 19 of the Powers of Criminal Courts (Sentencing) Act 2000 (making of orders under section 16 of that Act: effect on court's other sentencing powers) a reference to a way of dealing with the offender is to be read, in relation to the Code offence, as a reference to the corresponding way of dealing with the offender under the Sentencing Code.

(4) If the court makes an order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (duty and power to refer certain young offenders to youth offender panels) in respect of the pre-Code offence—

(a) the order is to be treated as if it were a referral order, and

(b) accordingly, section 88 (making of referral order: connected offences) applies in relation to the order.

Textual Amendments

F87 Words in Sch. 27 para. 7(1)(b) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(a)

Commencement Information

I1000 Sch. 27 para. 7 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 3 E+W Youth rehabilitation orders

Requirements E+W

8 E+W In relation to an offence committed before 3 December 2012, paragraph 18 of Schedule 6 (youth rehabilitation orders: requirements) is to be read as if—

(a) in sub-paragraph (4)(b), the reference to 16 hours were to 12 hours, and

(b) in sub-paragraph (5), the reference to 12 months were to 6 months.

Commencement Information

I1001 Sch. 27 para. 8 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing local authority residence or fostering requirement without legal representation E+W

9 E+W In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the references to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in—

(a) paragraph C of paragraph 25 of Schedule 6 (restrictions on including local authority residence requirement in youth rehabilitation order), or

(b) paragraph D of paragraph 27 of that Schedule (restrictions on including fostering requirement in youth rehabilitation order),

include representation referred to in paragraph 19(2)(a) of Schedule 1 to the Criminal Justice and Immigration Act 2008 as it had effect immediately before 13 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).

Commencement Information

I1002 Sch. 27 para. 9 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Associated offences: offender convicted before and on or after commencement date E+W

10 (1) This paragraph applies where— E+W

(a) a court imposes a youth rehabilitation order on an offender, and

(b) at the same time the court imposes an order under section 1 of the Criminal Justice and Immigration Act 2008 (a “2008 Act order”), in respect of an offence of which the offender was convicted before [F88 1 December 2020].

In this paragraph “youth rehabilitation order” has the meaning given by section 173.

(2) In section 183—

(a) a reference to a youth rehabilitation order includes a reference to a 2008 Act order;

(b) a reference to a particular kind of youth rehabilitation order includes a reference to the corresponding kind of 2008 Act order;

(c) a reference to a particular kind of requirement of a youth rehabilitation order includes a reference to the corresponding kind of requirement of a 2008 Act order.

Textual Amendments

F88 Words in Sch. 27 para. 10(1)(b) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(b)

Commencement Information

I1003 Sch. 27 para. 10 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 4 E+W Custodial sentences

Detention for breaching DTO supervision requirement E+W

11 (1) Section 104B (interaction of orders under section 104(3)(a) with other orders) of the Powers of Criminal Courts (Sentencing) Act 2000 (“the 2000 Act”) (as it applies, despite its repeal by this Act, where a court is dealing with an offender in respect of an offence of which he or she was convicted before [F89 1 December 2020]) has effect as follows. E+W

(2) In subsection (1), a reference to a period of detention under section 104(3)(a) of the 2000 Act includes a reference to a period of detention under paragraph 3(2)(a) of Schedule 12 to the Sentencing Code.

(3) In subsection (2)—

(a) a reference to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code;

(b) a reference to section 102(2), (3), (4) or (5) of the 2000 Act includes a reference to section 241(2), (3), (4) or (5) of the Sentencing Code.

Textual Amendments

F89 Words in Sch. 27 para. 11(1) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(c)

Commencement Information

I1004 Sch. 27 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on making community order etc and suspended sentence order E+W

12 (1) In section 203 (restriction on making community order and suspended sentence order)— E+W

(a) a reference to an offence in paragraph (b) or (c) includes a reference to an offence of which the offender was convicted before [F90 1 December 2020];

(b) in relation to such an offence, the reference to a suspended sentence order is to be read as a reference to an order under section 189(1) of the Criminal Justice Act 2003.

(2) In section 181(6) (restriction on making youth rehabilitation order and suspended sentence order), the reference to a suspended sentence order includes a reference to an order under section 189(1) of the Criminal Justice Act 2003.

(3) A court may not impose a community sentence, within the meaning given by section 147(1) of the Criminal Justice Act 2003, in respect of an offence if it makes a suspended sentence order in respect of—

(a) any other offence of which the offender is convicted by or before it, or

(b) any other offence for which it deals with the offender.

In this sub-paragraph “suspended sentence order” has the meaning given by section 286(1).

Textual Amendments

F90 Words in Sch. 27 para. 12(1)(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(d)

Commencement Information

I1005 Sch. 27 para. 12 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Making detention and training order where offender subject to other order E+W

13 (1) In section 237 (making detention and training order where offender subject to other order etc), the second reference in subsection (2) to a detention and training order includes a reference to a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000. E+W

(2) In section 101 of that Act (detention and training order: consecutive terms etc), the second reference in subsection (3) to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code.

Commencement Information

I1006 Sch. 27 para. 13 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Period on remand etc: effect on term of detention and training order E+W

14 E+W In section 239 (period on remand etc: effect on term of detention and training order), the reference in subsection (3) to two or more offences includes a reference to—

(a) one or more offences of which the offender was convicted before [F91 1 December 2020], and

(b) one or more offences of which the offender was convicted on or after that date.

Accordingly, a reference in that subsection to a detention and training order includes a reference to a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000.

Textual Amendments

F91 Words in Sch. 27 para. 14(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(e)

Commencement Information

I1007 Sch. 27 para. 14 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Special custodial sentences for offenders of particular concern E+W

15 (1) This paragraph applies where— E+W

(a) a court is dealing with an offender for two or more associated offences, within the meaning given by section 400,

(b) the offences include one that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and

(c) the offender was convicted of at least one of the offences before [F92 1 December 2020] and convicted of at least one of them on or after that date.

(2) Where the offender was convicted of the listed offence on or after [F93 1 December 2020]—

(a) the reference in section 265(1)(c)(i) to an extended sentence under section 266 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;

(b) the reference in section 265(1)(c)(ii) to a sentence of custody for life includes a reference to a sentence under section 94 of the Powers of Criminal Courts (Sentencing) Act 2000;

(c) the reference in section 278(1)(c)(i) to an extended sentence under section 279 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.

(3) Where the offender was convicted of the listed offence before [F94 1 December 2020], the reference in section 236A(1)(c)(ii) of the Criminal Justice Act 2003 (read with section 236A(5) of that Act) to an extended sentence under section 226A of that Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.

Textual Amendments

F92 Words in Sch. 27 para. 15(1)(c) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(f)

F93 Words in Sch. 27 para. 15(2) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(f)

F94 Words in Sch. 27 para. 15(3) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(f)

Commencement Information

I1008 Sch. 27 para. 15 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Special custodial sentences for offenders of particular concern: armed forces E+W

16 (1) This paragraph applies where— E+W

(a) the Court Martial is dealing with an offender for two or more associated offences, within the meaning given by section 400,

(b) the offences include one that corresponds to an offence that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and

(c) the offender was convicted of at least one of the offences before [F95 1 December 2020] and convicted of at least one of them on or after that date.

(2) Where the offender was convicted of the listed offence on or after [F96 1 December 2020], the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.

(3) Where the offender was convicted of the listed offence before [F97 1 December 2020], the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 226A of the 2003 Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.

Textual Amendments

F95 Words in Sch. 27 para. 16(1)(c) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(g)

F96 Words in Sch. 27 para. 16(2) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(g)

F97 Words in Sch. 27 para. 16(3) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(g)

Commencement Information

I1009 Sch. 27 para. 16 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Certificates E+W

17 E+W A certificate given in accordance with subsection (1), (1A), (2) or (2A) of section 113 of the Powers of Criminal Courts (Sentencing) Act 2000 (certificates of conviction) is evidence, for the purposes of section 313 or 314, of the facts certified by it.

Commencement Information

I1010 Sch. 27 para. 17 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

18 E+W A certificate by a court under section 232A of the Criminal Justice Act 2003 that a person was convicted in England and Wales of an offence listed in Schedule 15B to that Act is evidence, for the purposes of section 267, 273, 279 or 283, of the fact certified by it.

Commencement Information

I1011 Sch. 27 para. 18 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restriction on imposing custodial sentence without legal representation E+W

19 E+W In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the reference in section 226(7) to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes representation referred to in section 83(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 as it had effect immediately before 1 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).

Commencement Information

I1012 Sch. 27 para. 19 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

PART 5 E+W Miscellaneous

Validity of provision deriving from secondary legislation E+W

20 E+W Any question as to the validity of paragraph 30 of Schedule 25, which derives from paragraphs 7 and 9 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), is to be determined as if that paragraph were contained in a statutory instrument made under the powers under which that order was made.

Commencement Information

I1013 Sch. 27 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Powers to make consequential etc provision E+W

21 E+W On and after the commencement date, any power (however expressed) that was exercisable immediately before that date—

(a) to make consequential, supplementary or incidental provision in relation to a provision that is restated in the Sentencing Code (a “restated provision”), or

(b) to make transitional, transitory or saving provision in relation to a restated provision,

is exercisable instead in relation to the corresponding provision of the Code.

Commencement Information

I1014 Sch. 27 para. 21 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers in relation to pre-commencement offences E+W

22 (1) The following powers may, despite section 2, be exercised in relation to an offence of which the offender is convicted before the commencement date (a “pre-commencement offence”) as well as in relation to an offence of which the offender is convicted on or after that day— E+W

(a) the power in section 91(5) (to make regulations specifying requirements for persons appointed as members of a youth offender panel);

(b) the power in section 194 (to make regulations about court reviews of youth rehabilitation orders);

(c) the power in section 217 (to make regulations about court reviews of community orders);

(d) the power in section 248(1)(f) (to make regulations specifying accommodation as “youth detention accommodation”);

(e) the power in section 394 (to make rules relating to community orders and suspended sentence orders);

(f) the power in section 395 (to issue a code of practice about the processing of data from electronic monitoring).

(2) Anything done under a power referred to in a paragraph of sub-paragraph (1) in relation to a pre-commencement offence has effect as if done under the provision repealed by this Act that corresponds to the provision mentioned in that paragraph.

Commencement Information

I1015 Sch. 27 para. 22 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Exercise of powers to amend amounts E+W

23 (1) A reference in sub-paragraph (4) of paragraph 5 or 7 of Schedule 23 to regulations previously made under that paragraph includes a reference to an order previously made under the corresponding provision of section 143 of the Magistrates' Courts Act 1980. E+W

(2) Sub-paragraph (3) applies to regulations under paragraph 5, 6, 7, 10, 14 or 17 of Schedule 23 to amend an amount specified in a provision of the Sentencing Code so as to specify a different amount that, immediately before [F98 1 December 2020], is specified in the corresponding provision repealed by this Act by virtue of an order made under a provision repealed by this Act.

(3) The regulations are to be treated for the purposes of that paragraph of Schedule 23 as being made and coming into force on the dates on which the order was made and came into force.

Textual Amendments

F98 Words in Sch. 27 para. 23(2) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(8)(h)

Commencement Information

I1016 Sch. 27 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Saving for list of offences applied for other purposes E+W

24 E+W The repeal by Schedule 28 of section 224 of the Criminal Justice Act 2003 does not affect Schedule 15 to that Act (certain specified offences) so far as it continues to apply for any purpose on and after the commencement date.

Commencement Information

I1017 Sch. 27 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Enforcement of High Court and Court of Appeal fines E+W

25 E+W Anything done before the commencement date under a provision of sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000 as they apply by virtue of subsection (3) of section 140 of the Senior Courts Act 1981 (enforcement of fines and forfeited recognizances) has effect on and after that date as if done under a provision of sections 130 to 132 of the Sentencing Code as they apply by virtue of that subsection.

Commencement Information

I1018 Sch. 27 para. 25 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Breach of restraining order made on acquittal E+W

26 E+W In relation to an offence under section 5A of the Protection from Harassment Act 1997 committed before 12 March 2015, the reference to a fine in paragraph (b) of subsection (2E) of that section (inserted by paragraph 144 of Schedule 24) is to be read as a reference to a fine not exceeding the statutory maximum.

Commencement Information

I1019 Sch. 27 para. 26 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Commencement and alteration of Crown Court sentence: legal aid E+W

27 (1) In paragraph (b) of the definition of “sentence” in sections 384(4) and 385(8), the reference to an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes, in relation to an old case, a reference to an order under section 17(2) of the Access to Justice Act 1999. E+W

(2) For this purpose “old case” means a pre-commencement case within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) (see regulation 2 of those regulations).

Commencement Information

I1020 Sch. 27 para. 27 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Section 413

SCHEDULE 28 E+W Repeals and revocations

Commencement Information

I1021 Sch. 28 in force at 1.12.2020 (except for the repeal of 2000 c. 6, s. 159 for specified purposes, see s. 416(9)) by S.I. 2020/1236, reg. 2

As to the repeal of the Powers of Criminal Courts (Sentencing) Act 2000, see further section 413.
Provision	Extent of repeal or revocation
Prevention of Crime Act 1953 (c. 14)	In section 1, subsections (2A) to (2G).
	Section 1ZA.
	In section 1A, subsections (5), (6), (7) and (9).
Firearms Act 1968 (c. 27)	In section 51A— (a) subsection (4)(a), and (b) subsection (5)(a) (together with the final “and”).
Magistrates' Courts Act 1980 (c. 43)	Section 34.
	In section 143— (a) in subsection (2), paragraphs (ca), (cb), (d), (o) and (p), and (b) in subsection (3)(b), the words “or section 87 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012”.
	In Schedule 6A, the entry relating to Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000.
Prosecution of Offences Act 1985 (c. 23)	Sections 21A to 21F.
Criminal Justice Act 1988 (c. 33)	In section 139, subsections (6A) to (6G).
	In section 139A, subsections (5A) to (5G).
	Section 139AZA.
	In section 139AA, subsections (7), (8), (9) and (11).
Road Traffic Offenders Act 1988 (c. 53)	Section 25(4).
Criminal Justice Act 1991 (c. 53)	In Schedule 11, paragraph 27(1).
Protection from Harassment Act 1997 (c. 40)	Section 5.
Crime and Disorder Act 1998 (c. 37)	In section 8— (a) in subsection (1), paragraphs (c) and (d); (b) in subsection (2), the words “or, as the case may be, the person convicted of the offence under section 443 or 444”; (c) in subsection (6), paragraphs (b) and (c); (d) in subsection (7), the words “or, as the case may be, the commission of any such further offence”.
	In section 9— (a) subsections (1) and (1A); (b) in subsection (2)— (i) in paragraph (b), the words “or (c)”; (ii) paragraph (c); (c) subsections (2A), (2B), (5A) and (7A).
	In section 10, subsections (4) and (5).
	In section 18(1), the definition of “serious harm”.
Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)	The whole Act, apart from— (a) section 11; (b) sections 33, 36B, 60 and 61; (c) section 108; (d) sections 139 and 140 (except so far as repealed by Schedule 24 to this Act); (e) section 142; (f) sections 163 to 168; (g) Schedule 5; (h) in Schedule 9, paragraphs 3, 4, 5(1) and (3), 9, 10, 12, 14, 15, 17, 19, 20, 22, 26(1), 27, 31, 32, 35, 40, 43(1) and (2), 45, 46, 48, 50, 51, 53, 54(1) and (2), 56 to 58, 66, 67(1) and (3), 68, 70, 72, 75, 77, 78, 79(b), 80(2), 83, 84, 87, 89(1) and (3), 90(1), (2), (4) and (6), 93, 95, 97 to 99, 102, 104 to 114, 117, 119 to 122, 124, 126, 130, 133 to 135, 146, 147(1) and (2)(a), 148, 149, 152, 160, 163 to 175, 181, 183(1) and (2), 184(1), (3), (4) and (5), 185(1) and (3), 186(1) and (5) and 197(a); (i) in Schedule 11, Part 1.
Criminal Justice and Court Services Act 2000 (c. 43)	Section 60.
	Section 61(7).
	In Schedule 7— (a) paragraphs 176 to 178; (b) paragraphs 180 to 182; (c) paragraphs 184 to 187; (d) paragraphs 190 and 191; (e) paragraph 203(5).
	In Schedule 8, the entry relating to sections 93 to 98 of the Powers of Criminal Courts (Sentencing) Act 2000.
Criminal Justice and Police Act 2001 (c. 16)	Section 133.
Proceeds of Crime Act 2002 (c. 29)	Section 88(5).
	In Schedule 11, paragraph 37.
Police Reform Act 2002 (c. 30)	Section 56(6).
Crime (International Co-operation) Act 2003 (c. 32)	In Schedule 5, paragraphs 72 to 74.
Sexual Offences Act 2003 (c. 42)	Section 103A(2)(a)(i).
	Section 103H(1)(a).
	In Schedule 6, paragraph 43(2).
Criminal Justice Act 2003 (c. 44)	Sections 142 to 154.
	Sections 156 to 166.
	Section 172.
	Section 174.
	Sections 176 and 177.
	Sections 178 to 180.
	Sections 189 to 220A.
	Sections 222 to 229.
	Sections 231 to 236A.
	Section 238.
	In section 240A, subsections (3) and (8).
	Section 265.
	Sections 269 and 270.
	Sections 277 and 278.
	Section 289.
	Section 291(1)(b).
	Section 298.
	In section 302, the words from “paragraph 7(2)” to “Schedule 12,”.
	Section 305(4).
	Section 324.
	In section 330— (a) in subsection (5)(a), the entries relating to— (i) section 178, (ii) section 223, (iii) section 236A(6), and (iv) section 269(6); (b) in subsection (7), the entries relating to— (a) section 202(3)(b), and (b) section 215(3).
	In section 337(2)— (a) the entries relating to sections 180 and 194 and Schedules 9 and 13; (b) the entry relating to paragraph 12(3) of Schedule 12.
	In Schedule 3— (a) paragraphs 21 to 28; (b) in paragraph 74, sub-paragraphs (2), (3), and (5).
	Schedule 8.
	Schedule 9.
	Schedule 12.
	Schedule 13.
	Schedule 14.
	Schedule 15B.
	Schedule 18A.
	Schedule 21.
	In Schedule 22, paragraphs 9 and 10.
	Schedule 23.
	In Schedule 32— (a) paragraphs 21(3), 24, 26, 33, 54, 64(6), 65 and 88; (b) paragraphs 90 to 94; (c) paragraph 106; (d) paragraphs 108 to 121; (e) in paragraph 123, sub-paragraphs (4), (6) and (7); (f) paragraphs 124 to 126; (g) paragraph 141.
	Schedule 34.
	In Schedule 36, paragraph 98.
Domestic Violence, Crime and Victims Act 2004 (c. 28)	In section 12, subsections (2) to (4).
	In section 14, subsections (1) and (2).
	In Schedule 5, paragraphs 2, 7, 8 and 9.
	In Schedule 10, paragraphs 43, 49, 50, 51, 52, 63 and 64.
	In Schedule 12, paragraph 7.
Serious Organised Crime and Police Act 2005 (c. 15)	In section 73— (a) subsections (5A), (6A) and (7); (b) in subsection (8)(b), the words “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) or”; (c) subsection (8A).
	In section 74, subsections (9), (12)(a), (14) and (16).
	Section 75(6).
	Section 75A.
	Section 125(6)
Criminal Defence Service Act 2006 (c. 9)	In section 4, subsection (2)(c).
Fraud Act 2006 (c. 35)	In Schedule 1, paragraph 29.
Violent Crime Reduction Act 2006 (c. 38)	In section 29, subsections (4) to (6).
	In Schedule 1, paragraph 7 and paragraph 9(3) and (8).
Police and Justice Act 2006 (c. 48)	In Schedule 13, paragraph 32.
	In Schedule 14, paragraph 62.
Road Safety Act 2006 (c. 49)	In Schedule 3, paragraphs 71 to 73.
Armed Forces Act 2006 (c. 52)	In Schedule 16— (a) paragraphs 163 to 166; (b) paragraphs 216 and 217; (c) paragraph 236.
Tribunals, Courts and Enforcement Act 2007 (c. 15)	In Schedule 13, paragraphs 132, 133 and 154.
Offender Management Act 2007 (c. 21)	Section 31.
	Section 33.
	Section 34.
	In Schedule 3, paragraph 9.
Serious Crime Act 2007 (c. 27)	In Schedule 6, paragraph 39.
Legal Services Act 2007 (c. 29)	In Schedule 21, paragraphs 147 and 148.
UK Borders Act 2007 (c. 30)	Section 25(3)(a).
Criminal Justice and Immigration Act 2008 (c. 4)	Sections 1 to 5.
	Sections 7 and 8.
	In section 9, subsections (1) and (2).
	Sections 10 to 12.
	Sections 17 to 20.
	In section 22, subsections (5) and (6).
	Sections 35 to 38.
	In section 147— (a) subsection (4)(b); (b) in subsection (5), paragraphs (a), (i) and (j).
	Schedule 1.
	Schedule 2.
	Schedule 3.
	In Schedule 4— (a) paragraphs 51 to 58 and 60; (b) paragraphs 62 to 64; (c) paragraphs 72 to 91; (d) paragraphs 93, 96, 100 and 103; (e) paragraphs 106 to 109.
	In Schedule 8, paragraph 28.
	In Schedule 13, paragraphs 8 to 10.
	In Schedule 26— (a) paragraphs 40 to 49; (b) paragraphs 64 to 70; (c) paragraph 72.
Children and Young Persons Act 2008 (c. 23)	In Schedule 1, paragraph 21.
Counter-Terrorism Act 2008 (c. 28)	Section 32.
	Section 75(2)(c).
Coroners and Justice Act 2009 (c. 25)	Section 125.
	Section 126.
	In Schedule 16, paragraph 5.
	In Schedule 17, paragraphs 6, 8, 10 and 12.
	In Schedule 21, paragraphs 52, 85, 86, 94, 95 and 98.
Policing and Crime Act 2009 (c. 26)	In Schedule 7, paragraph 22.
Health and Social Care Act 2012 (c. 7)	Section 38(5)(d).
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)	In section 64, subsections (1) to (3).
	In section 65, subsections (1) to (9).
	Sections 66 and 67.
	In section 68, subsections (1) to (5).
	Sections 69 to 74.
	Section 76.
	Section 77.
	In section 79, subsections (1) and (2).
	In section 80, subsections (1) to (8).
	Sections 81 to 84.
	In section 87, subsections (1) and (2) and (5) to (7).
	In section 109, subsections (4) and (7).
	Section 110(10).
	Section 117(9).
	In section 122, subsections (1) and (2).
	Section 124.
	In Schedule 5— (a) paragraphs 52 to 54; (b) paragraph 69.
	In Schedule 9— (a) paragraphs 2 to 12; (b) paragraph 20.
	In Schedule 10, paragraph 38(2)(b).
	In Schedule 12, paragraphs 42 to 44.
	In Schedule 13, paragraphs 9 to 11.
	In Schedule 14 paragraph 3.
	Schedule 18.
	In Schedule 19— (a) paragraphs 3 to 7; (b) paragraphs 10 to 24.
	In Schedule 20, paragraphs 3 and 13.
	In Schedule 21— (a) paragraphs 7 to 15; (b) paragraphs 21 to 28; (c) paragraphs 34 and 36.
	In Schedule 22, paragraphs 14 to 16.
	In Schedule 24, paragraphs 18 to 20.
	In Schedule 26— (a) paragraphs 9 to 14; (b) paragraphs 16 to 22; (c) paragraph 31.
Prevention of Social Housing Fraud Act 2013 (c. 3)	In the Schedule, paragraphs 8 and 28 to 30.
Crime and Courts Act 2013 (c. 22)	In Schedule 16, paragraphs 1 to 8, 10, 12, 13 and 16 to 24.
Offender Rehabilitation Act 2014 (c. 11)	Section 6.
	Section 8.
	Section 14(1).
	Sections 15 to 17.
	In section 18, subsections (1) to (9) and (12).
	In Schedule 3, paragraphs 10 to 12.
	In Schedule 4, paragraphs 2 to 7 and 11 to 15.
	Schedule 5.
	In Schedule 6, paragraphs 8 to 11.
	In Schedule 7, paragraph 7.
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)	Sections 22 to 33.
	Section 179(3).
Criminal Justice and Courts Act 2015 (c. 2)	Section 3.
	Section 5(1) and (2).
	Section 15(1) to (3).
	Section 27.
	In section 28, subsections (1) to (7).
	Sections 43 to 45.
	Section 53.
	In section 54, subsections (1) and (4).
	Section 83(1).
	In Schedule 1, paragraphs 2 to 4, 10, 13 and 24.
	In Schedule 5— (a) paragraphs 3 to 8; (b) paragraphs 10 to 17.
	In Schedule 9, paragraph 12.
	In Schedule 11, paragraph 23.
	In Schedule 12, paragraphs 9, 13, 15 and 16.
Serious Crime Act 2015 (c. 9)	In Schedule 4, paragraph 69.
Modern Slavery Act 2015 (c. 30)	Section 6(4).
	In Schedule 5, paragraphs 14, 24 and 25.
Policing and Crime Act 2017 (c. 3)	Section 79(3).
Children and Social Work Act 2017 (c. 16)	In Schedule 5, paragraph 48(b).
Assaults on Emergency Workers (Offences) Act 2018 (c. 23)	Section 2.
Counter-Terrorism and Border Security Act 2019 (c. 3)	Section 9(3) and (4).
	In Schedule 4, paragraphs 7 and 9(3).
Offensive Weapons Act 2019 (c. 17)	Sections 8 and 9.
	In section 13, subsections (1), (4), (6) and (7).
	In Schedule 2, paragraphs 7, 8, 10 and 12.
Terrorist Offenders (Restriction of Early Release) Act 2020 (c. 3)	Section 7(1).
Sentencing (Pre-consolidation Amendments) Act 2020 (c. 9)	Schedule 2, apart from paragraphs 45, 114, 115, 121, 123(1), (2), (3), (4), (5) and (7) and 136.
Referral Orders (Amendment of Referral Conditions) Regulations 2003 (S.I. 2003/1605)	The whole Regulations.
Courts Act 2003 (Consequential Amendments) Order 2004 (S.I. 2004/2035)	In the Schedule, paragraphs 40 to 43.
Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)	Article 2.
	In article 3, paragraphs (2), (3), (4), (6), (8) and (16).
Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886)	In the Schedule— (a) paragraphs 62 to 65, 67 to 71, 73 to 79, 81, 82, 84 and 85; (b) paragraph 103 to 107; (c) paragraphs 110 and 111; (d) paragraph 113(a), (e) and (f).
Criminal Justice 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950)	In Schedule 2, paragraphs 4, 5(2)(a) and 7 to 13.
Firearms (Sentencing) (Transitory Provisions) Order 2007 (S.I. 2007/1324)	The whole Order.
Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912)	In Schedule 1— (a) paragraph 13(4); (b) paragraph 14; (c) in paragraph 19, sub-paragraphs (2), (3), (5) to (13), (17), (20) and (21).
Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059)	In Schedule 1, paragraph 53(5), (6) and (7).
	In Schedule 2, paragraphs 2 to 7 and 9 to 16.
Health Care and Associated Professions (Miscellaneous Amendments and Practitioner Psychologists) Order 2009 (S.I. 2009/1182)	In Schedule 5, paragraphs 7 and 10.
Criminal Justice Act 2003 (Mandatory Life Sentence: Determination of Minimum Term) Order 2010 (S.I. 2010/197)	The whole Order.
Health and Social Care Act 2008 (Consequential Amendments No. 2) Order 2010 (S.I. 2010/813)	Articles 10, 14 and 20.
Local Education Authorities and Children's Services Authorities (Integration of Functions) Order 2010 (S.I. 2010/1158)	In Schedule 2, paragraphs 45 and 63.
Criminal Justice and Licensing (Scotland) Act 2010 (Consequential Provisions and Modifications) Order 2011 (S.I. 2011/2298)	In the Schedule, paragraph 14.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential and Saving Provisions) Regulations 2012 (S.I. 2012/2824)	Regulation 5.
Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664)	In Schedule 5, paragraph 3.
Social Services and Well-being (Wales) Act 2014 (Consequential Amendments) Regulations 2016 (S.I. 2016/413 (W. 131))	Regulations 165 to 169, 211, 259 and 260.
Regulation and Inspection of Social Care (Wales) Act 2016 (Consequential Amendments) Regulations 2018 (S.I. 2018/195 (W. 44))	Regulations 24 and 40.
Criminal Justice (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/780)	Regulations 21, 25, 26, 27 and 30.

Section 413

SCHEDULE 29 E+W Repeals and revocations for England and Wales

Commencement Information

I1022 Sch. 29 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Provision	Extent of repeal or revocation
Firearms Act 1968 (c. 27)	In section 51A— (a) subsections (1) to (3), (b) subsections (4) and (5), so far as not repealed by Schedule 28.
Misuse of Drugs Act 1971 (c. 38)	In section 4A, subsections (1) to (7).
Criminal Justice Act 1982 (c. 48)	Section 37.
Criminal Justice Act 1991 (c. 53)	Section 17(1).
Criminal Justice Act 2003 (c. 44)	Section 291(1)(a).
Serious Organised Crime and Police Act 2005 (c. 15).	Sections 73 to 75, so far as not repealed by Schedule 28.
Drugs Act 2005 (c. 17)	Section 1.
Violent Crime Reduction Act 2006 (c. 38)	In section 29, subsections (11) and (12).
	In section 30, subsections (2) and (3).
UK Borders Act 2007 (c. 30)	Section 25, so far as not repealed by Schedule 28.
Counter-Terrorism Act 2008 (c. 28)	Sections 30 and 33.
	Schedule 2.
Anti-social Behaviour, Crime and Policing Act 2014 (c. 12)	Section 108(6).
Psychoactive Substances Act 2016 (c. 2)	In section 6, subsections (1) to (4) and (6) to (10).
Space Industry Act 2018 (c. 5)	In Schedule 12, paragraph 29.
Counter-Terrorism and Border Security Act 2019 (c. 3)	Section 8(6)(a).
Offensive Weapons Act 2019 (c. 17)	Section 54(6).