SCHEDULES

SCHEDULE 13Consequential and related amendments

PART 5Amendments in relation to sentencing under service law

Sentencing Act 2020 (c. 17)

43

1

The Sentencing Act 2020 is amended as follows.

2

In section 225 (restriction on consecutive sentences for released prisoners), in subsection (3)(c)(vi), after “209” insert “ or 224B ”.

3

In section 241 (period of detention and training under detention and training order), in subsections (6)(b)(ii) and (7)(c), after “209” insert “ or 224B ”.

4

In section 248(4) (meaning of “relevant sentence of detention”), in paragraph (c), after “209” insert “ or 224B ”.

5

In section 418 (commencement of provisions of Schedule 26 in relation to prospective abolition of sentences of detention in a young offender institution), after subsection (2) insert—

2A

Paragraphs 13A, 20A and 24A (and paragraph 1 so far as it relates to them) also come into force at that time.

6

In Schedule 25 (amendments of Armed Forces Act 2006), omit paragraph 45(5).

7

In Schedule 26 (further amendments of the Armed Forces Act 2006 in relation to prospective abolition of sentences of detention in a young offender institution)—

a

after paragraph 13 insert—

13A

In section 219ZA (serious terrorism sentence for offenders aged 18 or over)—

a

in subsection (1)(e), omit “a sentence of custody for life or (as the case may be)”;

b

omit subsections (4) to (6);

c

in subsection (7), omit “Where the offender is aged 21 or over when convicted of the serious terrorism offence,”.

b

in paragraph 14 (amendments of section 219A of the 2006 Act), for sub-paragraph (a) substitute—

a

in subsection (1)—

i

in paragraph (d), omit sub-paragraphs (i) and (iii);

ii

in paragraph (da), omit sub-paragraph (i);

c

in paragraph 15(a) (amendments of section 224A of the 2006 Act), after paragraph (ii) insert—

iii

in sub-paragraph (iii), for “detention or imprisonment under section 268A or 282A” substitute “ imprisonment under section 282A ”;

d

in paragraph 18 (amendment of section 239 of the 2006 Act), after “pleas)” insert

—

a

in subsection (3A), omit—

i

“(4) or”;

ii

“268A or”;

b

in subsection (3B), omit “268C(2) or, as the case may be,”;

c

e

in paragraph 19 (amendments of section 260 of the 2006 Act)—

i

in sub-paragraph (a), after paragraph (ii) insert—

iia

in paragraph (ca), omit “268A or”;

ii

for sub-paragraph (b) substitute—

b

in subsection (4B)—

i

in paragraph (za), omit “268C(2) or”;

ii

in paragraph (a), omit “268(2) or”.

f

in paragraph 20 (amendments of section 261 of the 2006 Act), at the end insert—

c

in paragraph (ba), omit “268A or”.

g

after paragraph 20 insert—

20A

In section 261A(3) (life sentences: further provision)—

a

in paragraph (b), omit “268B(2) or”;

b

in paragraph (c)(i), omit “268B(2) or”.

h

in paragraph 21 (amendments of section 262A of the 2006 Act), for the words from “, in subsection (4)” to the end substitute—

a

in subsection (2A), omit paragraph (b);

b

omit subsection (3A);

c

in subsection (4), omit paragraphs (d), (da), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.

i

after paragraph 24 insert—

24A

In section 304C (to be inserted by the Armed Forces Act 2016: reduction in sentence), in subsection (5A)—

a

omit “268C(2) or”;

b

for “section 219ZA(5) to (8)” substitute “ section 219ZA(8) ”.

8

In Schedule 27 (transitional provision and savings), in paragraph 16(2), for the words from “, the reference” to the end substitute

—

a

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;

b

the reference in section 224B(1)(c)(ii) to an extended sentence of detention under section 254 of the Sentencing Code includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003.