Sentencing (Pre-consolidation Amendments) Act 2020

52 (1) Schedule 1 (youth offender panels: further court proceedings) is amended as follows.

(2) In paragraph 5 (power of court where it upholds panel’s decision)—

(a) in sub-paragraph (3), after “paragraphs” insert “6A,”;

(b) in sub-paragraph (5)—

(i) in paragraph (a), for the words after “applied)” (but not including the “and” at the end of the paragraph), substitute “it could deal with the offender if it had just convicted the offender of that offence (but as if the offender were the same age as when in fact convicted)”;

(ii) in paragraph (b), for “have regard to” substitute “take into account”.

(3) In paragraph 6A (power of court to impose fine or extend period for which contract has effect), at the end insert—

“(8) Provision that may be made by an order under sub-paragraph (7) (an “amending order”) includes provision that has effect in relation to a referral order made in respect of an offence (whenever committed) of which an offender was convicted after the amending order comes into force.”

(4) In paragraph 9 (discharge of extension orders), after “paragraphs” insert “6A,”.

(5) In paragraph 9ZD (power of court on referral back to court for extension of period for which contract has effect), in sub-paragraph (3), for “have regard to” substitute “take into account”.

(6) In paragraph 9D (power of court to make parenting order: application of supplemental provisions), in sub-paragraph (7)—

(a) for “18(3)” substitute “18(3A)”;

(b) for “any other parenting order” substitute “a parenting order made by virtue of section 8(1)(c) of that Act”.

(7) In paragraph 13 (provisions supplementary to paragraph 10), in sub-paragraph (8)—

(a) for “subsection (4)” substitute “subsections (4) and (4A)”;

(b) for “it applies” substitute “they apply”.

(8) In paragraph 14 (further convictions: power to revoke referral orders)—

(a) in sub-paragraph (2A), after “under paragraph” insert “6A,”;

(b) in sub-paragraph (3), for the words after “applied)”, substitute “a magistrates’ court could deal with the offender if it had just convicted the offender of that offence (but as if the offender were the same age as when in fact convicted)”;

(c) in sub-paragraph (4), for “have regard to” substitute “take into account”.