Sentencing (Pre-consolidation Amendments) Act 2020

PART 5 Modifications of Acts

128 For the purposes of the application of the Police (Property) Act 1897 by section 144(1) of the Powers of Criminal Courts (Sentencing) Act 2000 to property which is in the possession of the police by virtue of section 143 of that Act, section 1 of the Police (Property) Act 1897 (power to make orders with respect to property in possession of police) is to have effect as if, in subsection (2), for “from” there were substituted “beginning with”.

129 Section 160(6) of the Powers of Criminal Courts (Sentencing) Act 2000 (power for orders made by Secretary of State to include transitional provision) is to be read, in its application for all purposes other than section 36B of that Act, as if, for the words after “Act” there were substituted “may include transitory, transitional or saving provision”.

130 Section 291 of the Criminal Justice Act 2003 (power by order to exclude application of minimum sentence to those under 18), so far as it extends to England and Wales, has effect as if at the end there were inserted—

“(3) The provision made by an order under this section includes provision that has effect in relation to offences whenever committed and whatever the date of conviction.”

131 (1) In the Serious Organised Crime and Police Act 2005, sections 73 to 75, so far as they extend to England and Wales, have effect with the following modifications.

(2) Section 73 (assistance by defendant: reduction in sentence) has effect as if—

(a) after subsection (5), there were inserted—

“(5A) In relation to England and Wales subsection (5) has effect as if for paragraphs (a) and (b) and the words “enactment which—” immediately before them there were substituted “of the following enactments—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons),

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences),

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon),

(d) section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum sentence for certain drug trafficking and burglary offences),

(e) section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon),

(f) section 8(2) of the Offensive Weapons Act 2019 (minimum sentence in certain cases of possession of a corrosive substance), or

(g) section 269 of and Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence),”.”;

(b) after subsection (6), there were inserted—

“(6A) In relation to England and Wales subsection (6) has effect as if for the opening words there were substituted “Nothing in this section is to be taken to prevent the court from taking account of any matter not mentioned in this section for the purposes of determining—”.”;

(c) in subsection (7), for “174(1)(a)” there were substituted “174(2)”;

(d) after subsection (8), there were inserted—

“(8A) In relation to England and Wales subsection (8) has effect as if for paragraph (a) there were substituted—

“(a) sentence” has the same meaning as in Chapter 1 of Part 12 of the Criminal Justice Act 2003 (see section 142(3) of that Act);”.”

(3) Section 74 (assistance by defendant: review of sentence) has effect as if, at the end, there were inserted—

“(16) In its application in relation to England and Wales this section has effect as if—

(a) in subsection (2)(b), for “having offered in pursuance of a written agreement to give assistance” there were substituted “having given or offered to give assistance in pursuance of a written agreement”;

(b) in subsection (10) there were inserted at the end “(including a sentence passed in pursuance of section 73 which has been substituted under subsection (5) above but is less than the sentence which the court would have passed but for the agreement to give assistance)”;

(c) in subsection (14), for “Section 174(1)(c)” there were substituted “Section 174(2)”, the words after “applies” were paragraph (a) of that subsection and, at the end, there were inserted—

“(b) to a sentence substituted under subsection (6) above, but subject to section 73(7) above as applied by subsection (15) below.”.”

(4) Section 75 (proceedings under section 74: exclusion of public), has effect as if, at the end, there were inserted—

“(6) In its application in relation to England and Wales this section has effect as if—

(a) in subsection (2)(b), for “to give such directions as it thinks appropriate prohibiting” there were substituted “to prohibit”, and

(b) in subsection (3), for “to the extent that” there were substituted if”.”

132 Section 33 of the Counter-Terrorism Act 2008 (power to amend list of offences where terrorist connection to be considered), as it has effect in England and Wales, is to be read as if, for subsection (3), there were substituted—

“(3) Provision that may be made by an order under this section includes provision that has effect in relation to an offence (whenever committed) of which an offender is convicted after the order comes into force.”

133 (1) This paragraph applies in relation to any provision of any of the Acts relating to sentencing that confers power to make regulations or an order—

(a) for which no Parliamentary procedure is required, or

(b) that are subject to the negative resolution procedure.

(2) But it applies in relation to such a provision only to the extent that it is to be repealed by the sentencing consolidation.

(3) In a case within sub-paragraph (1)(a), any provision that may be made in exercise of the power may be included in regulations or an order subject to the negative or affirmative resolution procedure.

(4) In a case with sub-paragraph (1)(b), any provision that may be made in exercise of the power may be included in regulations or an order subject to the affirmative resolution procedure.

(5) For the purposes of this paragraph—

(a) regulations are, or an order is, subject to the negative resolution procedure if the statutory instrument containing the regulations or order is subject to annulment in pursuance of a resolution of either House of Parliament;

(b) regulations are, or an order is, subject to the affirmative resolution procedure if the regulations or order must not be made unless a draft of the statutory instrument containing the regulations or order has been laid before Parliament and approved by a resolution of each House of Parliament.

134 (1) The Secretary of State may, in connection with the coming into force of an uncommenced or amending provision, by regulations made by statutory instrument amend a relevant enactment to secure that—

(a) the enactment specifies the purposes for which, or the cases in which, the provision has effect;

(b) so far as practicable, any relevant enactment which, as a result of the provision, is to continue to have effect only for particular purposes or in particular cases remains in place instead of having effect by virtue of transitional, transitory or saving provision.

(2) The regulations may make consequential amendments to any enactment.

(3) Subsections (4) and (5) of section 104 of the Deregulation Act 2015 (restrictions on power to spell out dates described in legislation) apply to regulations under this paragraph as they apply to an order under that section.

(4) In this paragraph—

• “amending provision” means an amendment or repeal of a relevant enactment, made under a power conferred by such an enactment;

• “relevant enactment” means an enactment that is to be repealed or revoked by, and restated in, the sentencing consolidation;

• “uncommenced provision” means a relevant enactment, to the extent that it is not in force immediately before the consolidation date.