Sentencing Act 2020

417 Commencement of Schedule 22

(1) Schedule 22 comes into force in accordance with regulations made by the Secretary of State, subject to the following.

Abolition of detention in a young offender institution and custody for life

(2) Paragraphs 65 and 68 come into force at the same time as paragraph 44.

(3) The following provisions come into force at the same time as section 61 of the Criminal Justice and Courts Services Act 2000 (abolition of sentences of detention in a young offender institution)—

(a) paragraphs 36 to 38, 40, 41, 45 and 46;

(b) paragraph 47(b);

(c) paragraphs 51 and 52;

(d) paragraph 53, so far as it relates to sections 264, 265, 266 to 268, 273 and 274;

(e) paragraphs 54 to 64;

(f) paragraphs 69, 70, 72 to 75, 77 and 78;

(g) Part 8 of Schedule 22 (amendments of other Acts that are consequential on paragraph (d)).

This is subject to subsection (4).

(4) If before the commencement date an order has been made under section 80(1) of the Criminal Justice and Court Services Act 2000 in relation to section 61 of that Act, the provisions of Schedule 22 mentioned in subsection (3)—

(a) come into force on the commencement date or, if later, the date on which section 61 of the Criminal Justice and Court Services Act 2000 comes into force, and

(b) so far as they apply—

(i) in relation to dealing with a person for an offence, or

(ii) in relation to a sentence passed for an offence,

have effect only where the person is convicted of the offence on or after the commencement date.

Paragraph (b) is subject to section 1 of the Sentencing (Pre-consolidation Amendments) Act 2020 (read with any provision that may be made under it).

Other provisions of Schedule 22

(5) Paragraph 11 (consequences for imposition of youth rehabilitation order of failure to comply with pre-sentence drug testing order) comes into force at the same time as paragraph 1 (pre-sentence drug testing).

(6) Paragraphs 21 and 22 (provisions applicable only where community order can be made in respect of offence not punishable with imprisonment) come into force at the same time as paragraph 13 (community order available for offence not punishable with imprisonment in case of wilful and persistent offender).

(7) Paragraph 28 (repeal of temporary provision resulting from paragraph 27) comes into force 2 years after paragraph 27 (detention and training orders: offenders aged under 12), and has effect only in relation to an offence of which the offender is convicted after paragraph 28 comes into force.

(8) Paragraph 85 (indeterminate sentences: determination of tariffs) comes into force in accordance with regulations made by the Lord Chancellor.

(9) Part 6 of Schedule 22 (which makes amendments in consequence of the United Kingdom’s withdrawal from the EU) comes into force on IP completion day or, if later, on the commencement date.