Sentencing and rehabilitation

I117Removal of requirement to take into account offences in member States

1

AFA 2006 is amended as follows.

2

In section 238 (deciding the seriousness of an offence)—

a

in subsection (3)—

i

in paragraph (a) at the end insert “or”;

ii

omit paragraphs (c) and (d);

b

for subsection (4) substitute—

4

Nothing in this section prevents the court or officer from treating a previous conviction by a court outside the British Islands as an aggravating factor in any case where the court or officer considers it appropriate to do so.

c

omit subsection (5).

3

In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender)—

a

in subsection (2)(b) omit the words from “, or sentenced to detention” to the end;

b

in subsection (6) omit paragraphs (c) and (d).

4

In section 270A (exception to restrictions on community punishments)—

a

in subsection (3)—

i

in paragraph (a) omit “, or member State service offence,” and at the end insert “or”;

ii

in paragraph (b) omit “or”;

iii

omit paragraph (c);

b

omit subsection (8).

I15

In section 415 of the Sentencing Act 2020 (armed forces provisions: extent to Channel Islands, Isle of Man and British overseas territories), after subsection (6) insert—

7

In subsection (6) references to this Act include this Act as amended by the Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520).