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Sentencing Act 2020

Type Public General Act

Publication 2020-10-22

Last updated 2026-07-25

State In force

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(397A) (1) This section applies for the purposes of the following provisions (the “relevant provisions”)— (a) section 179A(1)(b) (exercise of power to make youth rehabilitation order: persistent offender previously fined), (b) section 202(1A)(b) (availability of community order: seriousness condition), and (c) section 204A(3)(c) (exercise of power to impose community order: persistent offender previously fined). (2) For those purposes, the following do not form part of an offender's sentence— (a) a criminal courts charge order (or an order under section 21A of the Prosecution of Offences Act 1985 (criminal courts charge)); (b) a compensation order (or an order under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (compensation orders)); (c) a service compensation order awarded in service disciplinary proceedings; (d) a surcharge under section 42 (or an order under section 161A of the Criminal Justice Act 2003 (surcharge)); (e) an unlawful profit order under section 4 of the Prevention of Social Housing Fraud Act 2013; (f) a slavery and trafficking reparation order under section 8 of the Modern Slavery Act 2015. (3) For those purposes, it is immaterial whether on other previous occasions a court has passed on the offender a sentence not consisting only of a fine. (3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence. (4) In each of the relevant provisions, the reference to conviction by a court in the United Kingdom includes a reference to— (a) a conviction in proceedings (whether or not before a court) in respect of— (i) a service offence within the meaning of the Armed Forces Act 2006, or (ii) an SDA offence within the meaning of the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), or (b) a finding of guilt in— (i) proceedings under the Army Act 1955, the Air Force Act 1955 or the Naval Discipline Act 1957 (whether before a court-martial or any other court or person authorised under any of those Acts to award a punishment in respect of any offence); or (ii) proceedings before a Standing Civilian Court established under section 6 of the Armed Forces Act 1976. (5) For the purposes of the relevant provisions and this section, any reference to conviction or sentence, in the context of proceedings mentioned in subsection (4), includes anything that under section 376(1) to (3) of the Armed Forces Act 2006 is to be treated as a conviction or sentence.

Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States

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19

(1) Section 397A (offenders fined at least three times: interpretation), inserted by paragraph 15, is amended as follows.

(1A) After subsection (3) insert—

(3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.

(2) In subsection (4)(a)—

(a) in sub-paragraph (i), omit “within the meaning of the Armed Forces Act 2006”;

(b) after that sub-paragraph (but before the “or” at the end of it) insert—

(ia) a member State service offence,

(3) In subsection (5), after “subsection (4)” insert “ (other than proceedings for a member State service offence) ”.

(4) After subsection (5) insert—

(6) For the purposes of the relevant provisions, an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done there at the time of the conviction of the offender for the current offence. (7) In subsections (4) and (5)— - “member State service offence” means an offence which— 1. was the subject of proceedings under the service law of a member State other than the United Kingdom, and 2. would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the offender for the current offence; - “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006; - “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State; - “service offence” has the same meaning as in the Armed Forces Act 2006.

Consequential amendment of section 77 (basis of opinion provisions)

20

(1) In section 77, subsection (5) is amended as follows.

(2) In paragraph (c), after “179,” insert “ 179A, ”.

(3) In paragraph (d), for “204” substitute “ 202(1A)(b), 204, 204A ”.

Community orders: powers to imprison offender for wilful or persistent breach

21

(1) Schedule 10 (breach etc of community order) is amended as follows.

(2) In paragraph 10 (powers of magistrates' court on breach)—

(a) in sub-paragraph (5), after paragraph (c) insert—

(d) where— (i) the community order was made by a magistrates' court, (ia) the order does not qualify for special procedures for the purposes of paragraph (ba); (ii) the offence in respect of which the order was made was not an offence punishable by imprisonment, (iii) the offender has wilfully and persistently failed to comply with the requirements of the order, by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.

(b) in sub-paragraph (9), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(9A) In sub-paragraph (5)(d), “relevant custodial sentence” means— (a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution; (b) in any other case, a sentence of imprisonment.

(d) in sub-paragraph (10), after “(5)(c)” insert “ or (d) ”;

(e) in sub-paragraph (11), after “(5)(c)” insert “ or (d) ”.

(3) In paragraph 11 (powers of Crown Court on breach)—

(a) in sub-paragraph (2), after paragraph (c) insert—

(d) where— (ai) the community order does not qualify for special procedures for the purposes of paragraph (ba), (i) the offence in respect of which the order was made was not an offence punishable by imprisonment, and (ii) the offender has wilfully and persistently failed to comply with the requirements of the order, by dealing with the offender, in respect of that offence, by imposing a relevant custodial sentence for a term not exceeding 6 months.

(b) in sub-paragraph (6), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”;

(6A) In sub-paragraph (2)(d), “relevant custodial sentence” means— (a) in the case of an offender who is aged under 21, a sentence of detention in a young offender institution; (b) in any other case, a sentence of imprisonment.

(d) in sub-paragraph (7), after “(2)(c)” insert “ or (d) ”.

Exceptions to threshold for custodial sentence where offender fails to express willingness to comply with amended requirement

22

(1) In Schedule 9 (community orders and suspended sentence orders: requirements), in paragraph 22(5)(b) (power to impose custodial sentence where offender on review of drug rehabilitation requirement where offender fails to express willingness to comply with amended requirement), after “custodial sentence” insert “ (where the order was made in respect of an offence punishable with such a sentence) ”.

(2) In Schedule 10 (breach, revocation or amendment of community order), in paragraph 18(9)(b) (power of court to re-sentence offender where offender fails to express willingness to comply with treatment requirement as proposed to be amended), after “custodial sentence” insert “ (where the offence is punishable with such a sentence) ”.

Change of residence: duty of responsible officer to apply to court for amendment of order

23

In Schedule 10 (breach, revocation and amendment of community order), in paragraph 16, at the end insert—

(3) If the permission is given by the responsible officer— (a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and (b) the court must make that amendment.

PART 5 — Custodial sentences

Increase in magistrates' court's power to impose imprisonment

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24A

In section 224(1A)(a) (general limit on custodial sentence for summary offence in magistrates’ court), for “6 months” substitute “12 months”.

25

In—

(a) paragraph 10(5)(d) of Schedule 10 (magistrates' court's powers on breach etc of community order), as inserted by paragraph 21(2) of this Schedule, or

(b) the paragraph (d) to be inserted into paragraph 10(5) of Schedule 10 by paragraph 21(2) of this Schedule (if that paragraph 21(2) is not in force when this paragraph comes into force),

in the words following sub-paragraph (iii), for “6 months” substitute “ 51 weeks ”.

26

In—

(a) paragraph 11(2)(d) of Schedule 10 (Crown Court's powers on breach etc of community order), as inserted by paragraph 21(3) of this Schedule, or

(b) the paragraph (d) to be inserted into paragraph 11(2) of Schedule 10 by paragraph 21(3) of this Schedule (if that paragraph 21(3) is not in force when this paragraph comes into force),

in the words following sub-paragraph (ii), for “6 months” substitute “ 51 weeks ”.

Detention and training orders: offenders aged under 12

27

(1) In section 234 (detention and training order: availability)—

(a) in subsection (1), in paragraph (a), omit “, but at least 12,”;

(b) after that paragraph insert—

(aa) in a case where the offender is aged under 12 at that time, the offence was committed on or after the date on which paragraph 27 of Schedule 22 comes into force,

(2) In section 235 (exercise of power to make of detention and training order), after subsection (3) insert—

(3A) If the offender is aged under 12 when convicted the court may not make a detention and training order unless it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by the offender.

(3) In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), in subsection (2)(a)(ii) (appropriateness of custodial sentence to be assessed in case of offender aged under 12 as if offender were 12), after “convicted” insert “ and the offence was committed before the date on which paragraph 27 of Schedule 22 comes into force ”.

Repeal of temporary provision resulting from paragraph 27

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(1) In section 234, omit subsection (1)(aa).

(2) In section 180, omit subsection (2)(a)(ii) (and the word “or” immediately before it, but not the word “and” immediately after it).

Detention and training orders: summary offences

29

(1) Section 236 is amended as follows.

(2) In subsection (2), at the end insert—

This is subject to subsection (2A).

(3) After that subsection insert—

(2A) Where— (a) the offence is a summary offence, and (b) the maximum term of imprisonment that a court could impose for the offence (in the case of an offender aged 21 or over) is 51 weeks, the term of a detention and training order in respect of the offence may not exceed 6 months.

Custodial sentences where offender already subject to sentence following conviction before commencement

30

In section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), omit subsection (5).

31

In section 245 (offender subject concurrently to detention and training order and other sentence of detention), omit subsection (4).

32

In section 248 (detention and training orders: interpretation)—

(a) in subsection (3)—

(i) at the end of paragraph (a), insert “ or ”;

(ii) omit paragraph (c) (and the word “or” immediately before it);

(b) in subsection (4) omit—

(i) paragraph (b);

(ii) in paragraph (c) the words “(whether passed before or after this Code comes into force)”;

(iii) paragraph (e) (and the word “or” immediately before it);

and insert “ or ” immediately after paragraph (c).

33

In section 253 (sentence of detention passed on offender subject to detention and training order), in subsection (4)—

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

(b) omit paragraph (c) (and the word “or” immediately before it).

34

In section 257 (extended sentence under section 254 where offender subject to detention and training order), in subsection (4)—

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

(b) omit paragraph (c) (and the word “or” immediately before it).

35

In section 270 (sentence of detention in a young offender institution where offender subject to detention and training order), in subsection (4)—

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

(b) omit paragraph (c) (and the word “or” immediately before it).

Age limit for imposing imprisonment

36

In section 15 (committal for sentence of dangerous adult offenders)—

(a) in subsection (1)(b), omit—

(i) “of detention in a young offender institution or”;

(ii) “266 or”;

(b) in subsection (1A), omit “268A or”.

37

In section 59(2) (sentencing guidelines: general duty of court)—

(a) in paragraph (ga), for “sections 268B and” substitute “ section ”;

(b) in paragraph (h), for “sections 273 and” substitute “ section ”.

38

In section 61 (sentencing guidelines: extended sentences and life sentences)—

(a) in subsection (2), omit “, 268(2)”;

(aa) in subsection (2B), omit “268C(2)(b) or”;

(b) in subsection (3), omit “273 or”;

(d) in subsection (8)—

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

(ii) omit paragraph (c) (and the word “or” immediately before it).

38A

In section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.

38B

In section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.

39

In section 129(5)(c) (fine imposed on offender by Crown Court: duty to make term in default order), omit “, custody for life or detention in a young offender institution”.

40

In section 166(5) (extension of disqualification where custodial sentence also imposed), in the table, omit entries 3, 4 and 4A.

40A

In section 166(5A) (adaptation of disqualification period in certain terrorist cases), in paragraph (a), omit “, 4”;

41

In section 221 (overview of Part 10)—

(a) omit subsection (3);

(b) in subsection (4), omit “aged at least 21 at the time of conviction”.

42

In section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ imprisonment ”;

(b) in subsection (2), omit “or detention in a young offender institution”;

43

In section 226 (custodial sentence: restriction in certain cases where offender not legally represented)

(a) , in subsection (2), for paragraphs (c) and (d) substitute

or (ba) if the offender was aged at least 18 but under 21 when convicted, pass a sentence of imprisonment,

(b) in subsection (3), at the beginning insert “If the offender was aged 21 or over when convicted,".

44

In section 227 (restriction on imposing imprisonment on person under 21) in each of the following places, and in the heading to that section, for “under 21” substitute “ under 18 ” in each of the following—

(a) subsection (1);

(b) subsection (2);

45

In section 230(3) (threshold for imposing discretionary custodial sentence), for “sections 273(4) and” substitute “ section ”.

46

In section 231 (length of discretionary custodial sentences: general provision)—

(a) in subsection (3), for “sections 273(4) and” substitute “ section ”;

(b) in subsection (4), omit paragraph (b) (but not the word “or” immediately after it);

(d) in subsection (6A), for “sections 268C(2)(b) and” substitute “ section ”.

47

In section 236 (term of order, consecutive terms and taking account of remands)—

(a) in subsection (2)(a) and (b), and

(b) in subsection (2A)(b) (to be inserted by paragraph 29 of this Schedule),

for “21” substitute “ 18 ” (in each place).

48

In section 244 (interaction with sentences of detention in a young offender institution), in subsection (2), for paragraph (b) substitute—

(b) section 61 of the Criminal Justice and Court Services Act 2000 (place of detention);

49

In section 246 (effect of detention and training order made where offender has reached 18), in subsection (2), for “detention in a young offender institution” substitute “ imprisonment ”.

50

In section 249 (sentence of detention under section 250: availability), in paragraph (a) of the table in subsection (1), for “21” substitute “ 18 ”.

51

In section 252 (maximum sentence), in subsection (2), in paragraphs (a) and (b), for “21” substitute “ 18 ”.

51A

In section 252A (special sentence of detention for certain offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.

52

In section 256 (term of extended sentence of detention under section 254), in subsection (5), for “21” substitute “ 18 ”.

53

(1) Omit Chapter 3 of Part 10 (custodial sentences for adults aged under 21).

(2) In the heading for Chapter 4 of that Part, omit “aged 21 and over”.

(3) The repeal by sub-paragraph (1) of section 270 does not affect the validity of any order made under subsection (2) of that section.

54

In section 277 (suspended sentence order for person aged 21 or over: availability),

(a) in the heading, for “person aged 21 or over” substitute “ adult ”

(b) in subsection (3A)—

(i) in paragraph (a) omit “aged 21 or over” in both places;

(ii) in paragraph (b) omit the words from “or under” to “adults aged under 21)”.

54A

In section 277A (presumption of suspended sentence order: person aged 21 or over)—

(a) in subsection (1)(a), for “21” substitute “18”;

(b) in the heading, for “person aged 21 or over” substitute “adults”.

55

In section 278 (required special custodial sentence for certain offenders of particular concern), omit subsection (1)(b)(ii) (and the word “and” immediately after it).

56

In section 279 (extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over), in the heading omit “persons 21 or over”.

57

In section 280 (extended sentence of imprisonment: availability), in subsection (1)(b), for “21” substitute “ 18 ”.

57A

In section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.

57B

In section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).

58

In section 283 (life sentence for second listed offence), in subsection (1)(c), for “21” substitute “ 18 ”.

59

In section 285 (required life sentence for offence carrying life sentence), in subsection (1)(a), for “21” substitute “ 18 ”.

59A

In section 285A (required life sentence for manslaughter of emergency worker), in subsection (1)(a), for “21” substitute “18”.

60

In section 286 (suspended sentence order), in subsection (1), omit “or detention in a young offender institution”.

61

In section 289 (suspended sentence to be treated generally as sentence of imprisonment etc)—

(a) in subsection (1), for paragraphs (a) and (b) substitute “ a sentence of imprisonment ”;

(b) in the heading, omit “etc”.

62

In section 308(1) (the assessment of dangerousness)—

(a) in paragraph (a), omit “, 267”;

(aa) in paragraph (aa), omit “268B or”;

(b) in paragraph (b), omit “, 274”.

63

In section 310 (certificates of conviction), in the words following paragraph (c), omit “267, 273,”.

64

In section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

65

In section 312 (mandatory minimum sentence for offences of threatening with weapon or bladed article), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

66

In section 313 (minimum sentence for third drug trafficking offence)—

(a) in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

(aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;

(b) omit subsection (6).

67

In section 314 (minimum sentence for third domestic burglary offence)—

(a) in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

(aa) in subsection (2A), for “an appropriate custodial sentence” substitute “a sentence of imprisonment”;

(b) omit subsection (6).

68

In section 315 (minimum sentence for repeat offence involving weapon or bladed article), in subsection (3)—

(a) omit paragraph (b);

(b) in paragraph (c), for “21” substitute “ 18 ”.

68A

In section 323 (minimum term order: other life sentences)—

(za) in subsection (1C)(b), omit “265, 266,”

(a) in subsection (4), omit “268B(2) or” in both places;

(b) in subsection (6)(b), omit “268B(2) or”.

69

In section 324 (interpretation of sections 321 and 322), in the definition of “life sentence”—

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

(b) omit paragraph (c) (and the word “or” immediately before it).

70

In section 329 (conversion of sentence of detention to sentence of imprisonment)—

(za) in subsection (3), for “(4) to (5A)” substitute “ (4), (4A) and (5) ”;

(zb) in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);

(a) in subsection (5), omit paragraph (b) (and the word “or” immediately before it);

(aa) omit subsection (5A);

(b) in subsection (7), omit paragraphs (d), (e) , (ea) and (f).

71

(1) In section 384(3)(b) (commencement of sentence), for “, 257 and 270” substitute “ and 257 ”.

(2) The amendment made by sub-paragraph (1) does not affect the validity of any order made under section 270(2).

72

(a) In section 397(1) (interpretation: general), in the definition of “extended sentence”, omit paragraph (b) (but not the word “or” immediately after that paragraph).

(b) in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).

73

In section 399 (mandatory sentences)—

(a) in paragraph (b)—

(i) in the opening words, omit “, custody for life”;

(ii) in sub-paragraph (i), omit “, 274 , 274A”;

(iii) in sub-paragraph (ii), omit “273 or”;

(b) in paragraph (ba), omit “268B or”.

74

(1) In paragraph 10 of Schedule 10 (magistrates' court's powers on breach etc of community order), as amended by paragraph 21(2) of this Schedule—

(a) in sub-paragraph (5)(d), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit sub-paragraph (9A).

(2) But, if paragraph 21(2) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a) in the paragraph (d) to be inserted by it into paragraph 10(5) of Schedule 10 (magistrates' court's powers on breach etc of community order), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit paragraph (c) (which inserts sub-paragraph (9A) into paragraph 10 of Schedule 10).

75

(1) In paragraph 11 of Schedule 10 (Crown Court's powers on breach etc of community order), as amended by paragraph 21(3) of this Schedule—

(a) in sub-paragraph (2)(d), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit sub-paragraph (6A).

(2) But if paragraph 21(3) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a) in the paragraph (d) to be inserted by it into paragraph 11(2) of Schedule 10 (Crown Court's powers on breach etc of community order), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b) omit paragraph (c) (which inserts sub-paragraph (6A) into paragraph 11 of Schedule 10).

75A

In paragraph 13A of Schedule 10 (detention following breach of community order)—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2), omit “or a young offender institution”.

76

In Schedule 12, in paragraph 3 (breach of requirement of detention and training order), in sub-paragraph (8), for “21” substitute “ 18 ”.

77

In Schedule 14 (extended sentences: the earlier offence condition: offences), in paragraph 15(b), for “section 267(1)(a) or 280(1)(a) (as appropriate)” substitute “ section 280(1)(a) ”.

78

In Schedule 15 (life sentence for second offence: listed offences), in paragraph 24(1), omit the definition of “index offence”.

78A

In paragraph 16A of Schedule 16 (detention following breach of suspended sentence order)—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2), omit “or a young offender institution”.

Change of residence: duty of responsible officer to apply for amendment of suspended sentence order

79

In Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 23, at the end insert—

(3) If the permission is given by the responsible officer— (a) the officer must apply to the appropriate court to amend the order to specify the new local justice area, and (b) the court must make that amendment.

Dangerous offenders

79A

In Schedule 17A (serious terrorism offences), after paragraph 24 insert—

(24A) An offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports).

80

In Schedule 18 (specified violent offences), after paragraph 26 insert—

(26A) An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports); (e) paragraph 5 (offences in relation to certain dangerous articles).

Minimum sentences: firearms and corrosive substances

81

(1) Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows.

(2) After paragraph 1 insert—

(1A) An offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22).

(3) In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—

(a) committed in respect of a relevant firearm or relevant ammunition, or (b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

(4) In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute

— (a) committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or (b) committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

(5) In paragraph 5, for the words following “where” substitute

— (a) the dangerous weapon in respect of which the offence was committed was a relevant firearm, or (b) the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

(6) For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—

(a) the date on which those sub-paragraphs come into force, or

(b) if earlier, the 2019 Act commencement date.

(7) The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force.

But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.

(8) For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—

(a) the date on which that sub-paragraph comes into force, or

(b) if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.

82

(1) Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a)—

(i) omit “or” at the end of sub-paragraph (ii);

(ii) after sub-paragraph (iii) insert

or (iv) section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),

(b) in paragraph (b), for “17 July 2015” substitute “ the relevant date ”.

(3) After subsection (1) insert—

(1A) In subsection (1)(b), “the relevant date” means— (a) in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force); (b) in any other case, 17 July 2015.

(4) In subsection (5)—

(a) omit “or” at the end of paragraph (a);

(b) at the end of paragraph (b) insert

or (c) section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place)

(5) In the title, at the end insert “ or corrosive substance ”.

83

In each of the following provisions, after “weapon” insert “ or corrosive substance ”

(a) section 73(4) (reduction in sentences for guilty pleas);

(b) section 234(2)(b) (detention and training order: availability);

Life imprisonment

84

In Schedule 19 (Schedule 19 offences), after paragraph 22 insert—

(22A) An offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018— (a) paragraph 1 (hijacking of spacecraft); (b) paragraph 2 (destroying, damaging or endangering the safety of spacecraft); (c) paragraph 3 (other acts endangering or likely to endanger safety of spacecraft); (d) paragraph 4 (endangering safety at spaceports).

85

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 6 — EU Exit

86

(1) Section 65 (previous convictions) is amended as follows.

(2) In subsection (4)—

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

(b) omit paragraph (b);

(3) After subsection (4) insert—

(4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes— (a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and (b) a finding of guilt in respect of a member State service offence (see subsection (6)).

(3A) In subsection (6), for “(4)(d)” substitute “(4A)(b).

87

(1) In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it).

(2) After subsection (2) insert—

(2A) But the compulsory referral conditions are not met if— (a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and, (b) the offender has previously been convicted by or before a court in a member State of any offence

87A

Section 267 (extended sentence of detention in a young offender institution: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14.

88

(1) In section 273 (custody for life for second listed offence) in subsection (12)—

(a) in the definition of “extended sentence”, in the words following paragraph (b), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”.

(2) After subsection (12) insert—

(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State— (a) “extended sentence”, and (b) “life sentence”.

88A

Section 280 (extended sentence of imprisonment: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14

89

(1) In section 283 (life sentence for second listed offence) in subsection (12)—

(a) in the definition of “extended sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (f), for the words following “Scotland” substitute “ or Northern Ireland ”.

(2) after subsection (12) insert—

(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State— (a) “extended sentence”, and (b) “life sentence”.

90

(1) In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)—

(a) omit paragraph (b);

(b) at the end of paragraph (c) insert “ or ”;

(2) After subsection (3) insert—

(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes— (a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and (b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.

91

(1) In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)—

(a) in paragraph (b) omit “or another member State”;

(b) at the end of paragraph (c) insert “ or ”;

(2) After subsection (3) insert—

(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes— (a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and (b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.

92

(1) In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)—

(a) in paragraph (b) omit “or another member State”;

(b) at the end of paragraph (c) insert “ or ”;

(2) After subsection (4) insert—

(4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes— (a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and (b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).

93

(1) Section 317 (certificates of conviction for purposes of sections 313 and 314) is amended as follows.

(2) In subsection (1)—

(a) for the words before “applies” substitute “Subsection (2)”;

(b) omit paragraph (c) (but not the word “or” at the end of it);

(2A) after subsection (2) insert—

(2A) Subsection (2B) applies where an offender has been convicted— (a) in any member State of a corresponding drug trafficking offence, or (b) in any member State of a corresponding domestic burglary offence. (2B) For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified— (a) that the offender was convicted of that offence on the date of the conviction; (b) that the offence was committed on a particular day, or over, or at some time during, a particular period.

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In subsection (4)—

(a) in the definition of “corresponding drug trafficking offence”, after “313(3)(b)” insert “or (3A)(a)”;

(b) in the definition of “corresponding domestic burglary offence”, after “314(3)(b)” insert “or (3A)(a)”.

94

(1) Section 318 (offences under service law) is amended as follows.

(2) In subsection (2) for “and (e)” substitute “and (3A)(b)”;

(3) In subsection (3)(a) for “and (e)” substitute “and (3A)(b)”.

95

(1) ... Schedule 14 (extended sentences: the earlier offence condition: offences) ... is amended as follows.

(2) In paragraph 18, for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

(3) Omit paragraphs 19 and 20.

(4) In the heading of Part 3, for the words following “Scotland” substitute “ or Northern Ireland. ”

(5) After Part 3 insert—

(20A) A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule. (20B) A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

(6) In Part 4, after paragraph 21 insert—

(22) In this Schedule— - “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence; - “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.

96

(1) Schedule 15 (life sentence for second offence: listed offences), ... is amended as follows.

(2) In paragraph 20—

(a) for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

(b) omit “This is subject to paragraph 23”.

(3) Omit paragraphs 21 to 23.

(4) In the heading of Part 4, for the words following “Scotland” substitute “ or Northern Ireland. ”

(5) After Part 4 insert—

(23A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5))— (a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule; (b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule. This is subject to paragraph 23C. (23B) Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect— (a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and (b) with the omission of paragraphs 23A(b).

(6) In paragraph 24(1) of Part 5 insert—

“civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

“member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.

97

Omit paragraphs 16 to 18 of this Schedule (which make amendments relating to offences in other member States).

97A

In paragraph 19 of this Schedule (which makes amendments to section 397A (offenders fined at least three times: interpretation)), after sub-paragraph (1) insert—

(1A) After subsection (3) insert— (3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.

PART 7 — Miscellaneous

98

In section 354 (offence: breach of sexual harm prevention order), for subsection (2) substitute—

(2) See the following provisions for offences in Scotland and Northern Ireland of breaching such an order— (a) section 37 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22); (b) section 113 of the Sexual Offences Act 2003.

99

In section 379 (other behaviour orders), in subsection (1), at the end insert—

Offensive Weapons Act 2019	Offensive Weapons Act 2019	Offensive Weapons Act 2019
section 19	knife crime prevention order	any offence.

100

In section 396 (execution of process between England and Wales and Scotland), at the appropriate place insert— “ section 93(4) (failure of parent or guardian to comply with order under section 90); ”.

Part 7A — Amendments of other Acts consequential on prospective abolition of detention in default of payment of fines etc

Proceeds of Crime Act 2002 (c. 29)

100A

(1) The Proceeds of Crime Act 2002 is amended as follows.

(2) In section 35A (default term of imprisonment or detention)—

(a) in subsection (2), for paragraphs (a) and (b) substitute “of imprisonment”;

(b) in subsection (4), in the opening words, omit “, or detained,”;

(3) In section 35J (enforcement by magistrates’ court), in subsection (4), omit the words from “, or detention” to “Act 2000,”.

(4) In section 35M (warrant of commitment issued by Crown Court), in subsection (3), omit the words from “, or detention” to “Act 2000,”.

PART 8 — Amendments of other Acts consequential on prospective change to age limit for imposing imprisonment

Mental Health Act 1983 (c. 20)

101

(1) Section 37 of the Mental Health Act 1983 ..., is further amended as follows.

(2) In subsection (1A) omit “ 268A, 273, 274, 274A, ”.

(3) In subsection (1B) —

(a) in paragraph (aa), omit “section 268A or” and “282B(2) or”;

(b) omit paragraph (b).

Road Traffic Offenders Act 1988 (c. 53)

102

In section 35A(4) of the Road Traffic Offenders Act 1988 ...—

(a) in paragraph (e) omit “266 or” and “266(a) or”;

(aa) in paragraph (fza) omit “266(a) or”;

(b) in paragraph (fa) omit “265 or” and “265(2)(a) or”.

Proceeds of Crime Act 2002 (c. 29)

103

In section 35A of the Proceeds of Crime Act 2002 (default term of imprisonment or detention), in subsection (4)(c), omit “, custody for life or detention in a young offender institution”.

SCHEDULE 23 — Powers to amend the Sentencing Code

PART 1 — General provisions

Seriousness: list of offences in which terrorist connection to be considered

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

PART 2 — Orders for conditional discharge

2

(1) The Secretary of State may by regulations amend subsection (5) of section 80 by substituting such period as may be specified in the regulations for the maximum period for the time being specified in that subsection.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

PART 3 — Referral orders

Power to amend descriptions of offender for certain purposes connected with referral orders

3

(1) The Secretary of State may by regulations amend any provision of sections 84 and 85, other than paragraphs (a) to (e) of section 84(1), to alter in any way the descriptions of offenders in whose case a referral order must or may be made.

(2) The Secretary of State may by regulations amend any provision of paragraphs 14 to 16 of Schedule 4 to alter in any way the description of the offenders in the case of which an order extending the compliance period may be made.

(3) Any description of offender having effect by virtue of regulations under this paragraph may be framed by reference to such matters as the Secretary of State considers appropriate, including (in particular) one or more of the following—

(a) the offender's age,

(b) how the offender has pleaded,

(d) the offender's previous convictions (if any),

(e) how (if at all) the offender has been previously punished or otherwise dealt with by any court, and

(f) any characteristics or behaviour of, or circumstances relating to, any person who has at any time been charged in the same proceedings as the offender (whether or not in respect of the same offence).

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Power to alter amount of fine in respect of referral order on referral back to court

4

(1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 9(3) of Schedule 4 (power to impose fine where offender fails to comply with youth offender contract).

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

(3) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

PART 4 — Fines and compensation orders

Standard scale

5

(1) The Secretary of State may by regulations amend section 122 so as to provide for such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date to have effect in place of any sum for the time being specified as a level on the standard scale, in relation to offences committed after the regulations come into force.

(2) In sub-paragraph (1), the “relevant date” means—

(a) 1 October 1992, or

(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph or paragraph 6, the date of those regulations.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

6

(1) The Secretary of State may by regulations amend section 122 so as to provide for such sums as the Secretary of State considers appropriate to have effect in place of the sums for the time being specified as levels 1 to 4 on the standard scale in relation to offences committed after the regulations come into force.

(2) Regulations under this paragraph may not alter the ratio of one of those levels to another.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

(4) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Power to alter limits on fines and compensation orders etc in magistrates' court

7

(1) The Secretary of State may by regulations substitute, for a sum for the time being specified in any of the following provisions, such sum as appears to the Secretary of State justified by a change in the value of money since the relevant date, in relation to offences committed after the regulations come into force—

section 123	limit on magistrates' court fine for young offender
section 129	limit on term in default of payment of fine
section 139	limit on magistrates' court compensation order for young offender
section 376(2)(b) or (8)	limits on recognizance for parent or guardian of young offender, or fine for unreasonable refusal to enter into recognizance
paragraph 2(2)(a) of Schedule 5	limit on fine on breach of requirement of reparation order

(2) In sub-paragraph (1), the “relevant date” means—

(a) 1 October 1992, or

(b) if the sum for the time being specified has effect by virtue of regulations under this paragraph, the date of those regulations.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

(4) The power to make regulations under this paragraph includes power to make regulations reversing the effect of regulations previously made under it.

(5) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

PART 5 — Youth rehabilitation orders

Responsible officer

8

(1) The Secretary of State may by regulations—

(a) amend section 191 (meaning of “the responsible officer”), and

(b) make any other amendments of—

(i) Chapter 1 of Part 9 (youth rehabilitation orders), or

(ii) any provision of this Act derived from Chapter 1 of Part 12 of the Criminal Justice Act 2003 (general provisions about sentencing),

that appear to be necessary or expedient in consequence of any amendment made by virtue of paragraph (a).

(2) Regulations under sub-paragraph (1) may, in particular, provide for the court to determine which of two or more descriptions of responsible officer is to apply in relation to any youth rehabilitation order.

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Power to amend limits

9

(1) The Secretary of State may by regulations substitute a maximum number of hours, or a period, for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—

(a) paragraph 10(3) (unpaid work requirement), or

(b) paragraph 18(4) or (4A) (curfew requirement).

(2) The Secretary of State may by regulations substitute a period for the time being specified in any of the following provisions of Schedule 6 (youth rehabilitation order: requirements)—

(a) paragraph 18(5) (curfew requirement);

(b) paragraph 20(3) (exclusion requirement);

(d) paragraph 26(3)(a) (fostering requirement).

(3) Regulations under this paragraph which amend paragraph 26(3)(a) of Schedule 6 may also make consequential amendments of paragraphs 10(9) and (10) and 17(5) and (6) of Schedule 7.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Power to amend fines for breach of youth rehabilitation order

10

(1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 6(5)(a) or 7(2)(a) of Schedule 7 (fine on breach of youth rehabilitation order).

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) 3 December 2012, or

(b) if the sum specified in paragraph 6(5)(a) or 7(2)(a) (as the case may be) of Schedule 7 has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Maximum period of fostering requirement where imposed by virtue of Schedule 7

11

(1) The Secretary of State may by regulations amend paragraph 10(10) or 17(6) of Schedule 7 by substituting, for—

(a) the period of 18 months specified in the provision, or

(b) any other period which may be so specified by virtue of previous regulations under this paragraph,

such other period as may be specified in the regulations.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Power to amend provisions of Schedule 8 in consequence of changes to the law in Northern Ireland

12

(1) This paragraph applies where a change is made to the law in Northern Ireland adding further descriptions of orders to the kinds of orders which a court in that jurisdiction may impose in dealing with an offender aged under 18 at the time of conviction.

(2) The Secretary of State may by regulations make such amendments to Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland) as appear expedient in consequence of the change.

(3) Regulations under this paragraph are subject to the negative resolution procedure.

PART 6 — Community requirements

Power to amend limits

13

(1) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in—

(a) paragraph 2(1) of Schedule 9 (unpaid work requirement), or

(b) paragraph 9(4) or (4A) of that Schedule (curfew requirement).

(2) The Secretary of State may by regulations substitute any period of time for the time being specified in—

(a) paragraph 9(6) of Schedule 9 (curfew requirement);

(b) paragraph 11(4) of that Schedule (exclusion requirement);

(3) Regulations under this paragraph are subject to the affirmative resolution procedure.

Power to add or alter requirements

13A

(1) The Lord Chancellor may by regulations amend Chapter 2 of Part 9 and Chapter 5 of Part 10 (including Schedule 9) so as to—

(a) add a relevant requirement;

(b) make provision about a relevant requirement added pursuant to paragraph (a);

(2) In sub-paragraph (1) “relevant requirement” means a requirement that may be imposed by a relevant order.

(3) Regulations under this paragraph may make such other provision as the Lord Chancellor considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

The provision that may be made by virtue of this sub-paragraph includes, in particular, provision amending or repealing any provision of an Act (whenever passed) including any provision of the Sentencing Code.

(4) Regulations under this paragraph may not have effect in relation to any offence committed before the day on which the regulations come into force.

(5) Regulations under this paragraph may confer a function (including the exercise of a discretion) on a person or description of person.

(6) Regulations under this paragraph are subject to the affirmative resolution procedure.

PART 7 — Community orders

Breach of community order: power to amend amounts of fines

14

(1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (breach etc of community order).

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 10(5)(a) or 11(2)(a) of Schedule 10 to the Code (as the case may be) has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

PART 8 — Custodial sentences

General limit on magistrates’ court’s power to impose custodial sentence

14A

(1) The Secretary of State may by regulations amend section 224(1A)(b) (general limit on custodial sentence for either-way offence in magistrates’ court)—

(a) if for the time being it refers to 12 months, to substitute a reference to 6 months for the reference to 12 months, or

(b) if for the time being it refers to 6 months, to substitute a reference to 12 months for the reference to 6 months.

(2) An amendment under sub-paragraph (1) has effect only in relation to an offence for which a person is convicted on or after the day on which the amendment comes into force.

(3) Regulations under sub-paragraph (1) are subject to the negative resolution procedure.

Detention and training orders: end of period of supervision

15

(1) Subject to sub-paragraphs (2) and (3), the Secretary of State may by regulations amend section 242 (detention and training order: period of supervision) as it has effect for the time being so as to alter the point at which the period of supervision of a detention and training order is to end.

(2) The period of supervision must end no later than the end of the term of the order.

(3) Regulations under this paragraph may not include provision about cases in which—

(a) the offender is aged 18 or over at the half-way point of the term of the detention and training order, and

(b) the order was made in respect of an offence committed on or after 1 February 2015.

(4) Expressions used in this paragraph and sections 233 to 237 have the same meanings in this paragraph as in those sections.

(5) For the purposes of sub-paragraph (3)(b), where an offence is found to have been committed—

(a) over a period of 2 or more days, or

(b) at some time during a period of 2 or more days,

it is to be taken to have been committed on the last of those days.

(6) Regulations under this paragraph are subject to the affirmative resolution procedure.

(7) Subsections (4) and (6) of section 407 (general powers to make provision in regulations) do not apply to the power conferred by this paragraph.

Offenders of particular concern: listed offences

16

(1) The Secretary of State may by regulations amend Schedule 13 by—

(a) adding offences, or

(b) varying or omitting offences listed in the Schedule.

(2) Regulations under this paragraph are subject to the affirmative resolution procedure.

Suspended sentence order: power to amend amounts of fines

17

(1) The Secretary of State may by regulations amend any sum for the time being specified in paragraph 13(1)(c) of Schedule 16 to the Code (breach etc of community requirement of suspended sentence order or conviction of further offence).

(2) The power conferred by sub-paragraph (1) may be exercised only if it appears to the Secretary of State that there has been a change in the value of money since the relevant date which justifies the change.

(3) In sub-paragraph (2), “the relevant date” means—

(a) if the sum specified in paragraph 13(1)(c) of Schedule 16 to the Code has been substituted by regulations under sub-paragraph (1), the date on which the sum was last so substituted;

(b) otherwise, 3 December 2012.

(4) Regulations under this paragraph are subject to the negative resolution procedure.

Power to exclude application of minimum sentences to those under 18

18

(1) The Secretary of State may by regulations—

(a) amend section 311(1)(b) (minimum sentence for certain offences involving firearms that are prohibited weapons) by substituting for the word “16” the word “18”;

(b) repeal section 252(1)(b) (maximum sentence of detention in case where minimum sentence required under section 311).

(2) Regulations under this paragraph may make such other provision as the Secretary of State considers necessary or expedient in consequence of, or in connection with, the provision made by virtue of sub-paragraph (1).

(3) Regulations under this paragraph may make provision in relation to offences even if committed, or the offender was convicted, before the regulations come into force.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

Determining minimum term of mandatory life sentence

19

(1) The Lord Chancellor may by regulations amend Schedule 21.

(2) Before making regulations under sub-paragraph (1), the Lord Chancellor must consult the Sentencing Council for England and Wales.

(3) Regulations under this paragraph may not have effect in relation to any offence committed before the regulations come into force.

(4) Regulations under this paragraph are subject to the affirmative resolution procedure.

SCHEDULE 24 — Consequential amendments

PART 1 — Acts of Parliament

Children and Young Persons Act 1933 (c. 12)

1

In section 34(7B) of the Children and Young Persons Act 1933—

(a) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ section 173 of the Sentencing Code ”;

(b) for “section 4 of that Act” substitute “ section 191 of that Code ”.

2

(1) Section 49 of that Act is amended as follows.

(2) In subsection (2)(c), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.

(3) In subsection (4A)—

(a) in paragraph (d), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;

(b) in paragraph (e), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(4)(b) of the Sentencing Code ”.

(4) In subsection (10), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to the Sentencing Code ”.

(5) In subsection (11)—

(a) in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(b) in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”;

(c) in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

3

(1) Section 58 of that Act is amended as follows.

(2) After the first paragraph (a) insert—

(aa) a child or young person sentenced to be detained under section 250 of the Sentencing Code with respect to whom the Secretary of State is authorised to give directions under section 260 of that Code; or

(3) In the second paragraph (a), before “section 91” insert “ section 250 or ”.

Prison Act 1952 (c. 52)

4

In section 13(2) of the Prison Act 1952, after “or section 95, 98, 99 or 108(5) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 271, 276 or 329 of the Sentencing Code ”.

5

In section 49(5)(c) of that Act, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Prevention of Crime Act 1953 (c. 14)

6

In section 1 of the Prevention of Crime Act 1953, after subsection (2) insert—

(2ZA) See section 315 of the Sentencing Code for provision about the sentence which the court may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.

7

In section 1A of that Act, after subsection (4) insert—

(4A) For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.

Copyright Act 1956 (c. 74)

8

In section 21 of the Copyright Act 1956, for subsection (7C) substitute—

(7C) In subsection (7A) of this section “the standard scale”— (a) in relation to England and Wales and Northern Ireland, has the meaning given by section 122 of the Sentencing Code; (b) in relation to Scotland, has the meaning given by section 225(1) of the Criminal Procedure (Scotland) Act 1995. For the purposes of paragraph (a), section 122 of the Sentencing Code, and regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 which alter the sums specified in that section, shall extend to Northern Ireland.

Criminal Appeal Act 1968 (c. 19)

9

In section 9(1A) of the Criminal Appeal Act 1968—

(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;

(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.

10

In section 10(2)(b) of that Act—

(a) in sub-paragraph (ii), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of that Code ”.

11

After section 30A of that Act insert—

(30B) The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Court of Appeal— (a) when dismissing an appeal under this Part of this Act by a person convicted of an offence against the person's conviction or sentence for the offence; (b) when dismissing an application for leave to bring such an appeal.

12

In section 50(1A) of that Act, for “Section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 82 of the Sentencing Code ”.

13

In Schedule 2 to that Act, in paragraph 2(4), after “Sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.

Court Martial Appeals Act 1968 (c. 20)

14

In section 8(1ZA) of the Court Martial Appeals Act 1968—

(a) for “subsection (2) or (4) of section 269 of the Criminal Justice Act 2003” substitute “ section 321 of the Sentencing Code ”;

(b) for “section 277 of that Act” substitute “ section 324 of that Code ”.

Firearms Act 1968 (c. 27)

15

(1) Section 21 of the Firearms Act 1968 is amended as follows.

(2) In subsection (2A)(c)(ii), after “section 104 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3 of Schedule 12 to the Sentencing Code ”.

(3) In subsection (2C)(b), after “section 189 of the Criminal Justice Act 2003” insert “ or section 264 or 277 of the Sentencing Code ”.

(4) In subsection (3ZA)(a)—

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