Part 14: Final provisions
Section 208 and Schedule 21: Minor amendments in relation to the sentencing consolidation
- Section 208 introduces Schedule 21 which makes a number of minor and technical amendments to the 2020 Act, the CJA 2003, and the Counter-Terrorism and Sentencing Act 2021, subsequent to the consolidation of sentencing procedural law into the Code by the 2020 Act. The amendments are contained in Schedule 21.
- Some of these amendments correct typographical errors, such as the amendment at paragraph 2 which substitutes the word ‘Part’ in section 108(4) of the 2020 Act with ‘Chapter’. Other typographical amendments include those at paragraphs 4, 5, 8, 9, 10(2) and 10(3).
- Paragraph 3 updates the table in section 122(1) of the 2020 Act to reflect the correct maximum amounts of fines at each level of the standard scale, that apply for summary offences committed on or after 1 May 1984 and before 1 October 1992.
- Paragraph 6 amends subsection (6)(a) and (b) of section 414 of the 2020 Act to provide that references in that section to provisions applied by the Armed Forces Act 2006 also include provisions applied under that Act.
- Paragraph 7 amends paragraphs 7(2)(b), 9(1) and 9(6) of Schedule 5 to the 2020 Act (which makes provision concerning the breach, revocation and amendment of reparation orders) to reflect the fact that someone who is subject to a reparation order may be 18 or over at the time they are brought before a court under Schedule 5; in such cases, they should be dealt with by a magistrates’ court other than a youth court.
- Paragraph 10(4) inserts a prospective amendment into paragraph 43 of Schedule 22 to the 2020 Act. If this specific amendment is commenced, it would confine the application of section 226(3) of the 2020 Act (which states that the court may not pass a sentence of imprisonment unless certain conditions are met) to those aged 21 or over. This would be in addition to the existing amendment in respect of section 226(2) of the 2020 Act.
- Paragraphs 11 and 13 respectively omit redundant provisions in paragraph 154(f) of Schedule 24 to the 2020 Act and paragraph 44 of Schedule 13 to the Counter-Terrorism and Sentencing Act 2021.
- Paragraph 12 inserts a reference to sentences of detention under section 262 of the 2020 Act into section 237(1B) of the CJA 2003, and clarifies that such references include sentences of detention in a young offender institution under section 210B of the Armed Forces Act 2006 - thereby ensuring such sentences are covered by the release provisions in Chapter 6 of Part 12 of the CJA 2003.
