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Sentencing Act 2020

Type Public General Act

Publication 2020-10-22

Last updated 2026-07-25

State In force

Department Statute Law Database

Source legislation.gov.uk

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(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

16

(1) Section 51A of that Act is amended as follows.

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (5) apply ”;

(b) in paragraph (a), after “convicted” insert “ in Scotland ”.

(3) After subsection (5) insert—

(6) For the minimum sentence for certain offences under this Act where an individual is convicted in England and Wales, see section 311 of the Sentencing Code.

17

In section 52(1A)(a) of that Act—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

Health Services and Public Health Act 1968 (c. 46)

18

In section 64(3)(a) of the Health Services and Public Health Act 1968—

(a) in sub-paragraph (xxi), before “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ section 260 of the Sentencing Code or ”;

(b) in sub-paragraph (xxii), before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.

19

In section 65(3)(b)(xxii) of that Act, before “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ Chapter 1 of Part 9 of the Sentencing Code or ”.

Civil Evidence Act 1968 (c. 64)

20

In section 11(5)(a) of the Civil Evidence Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

21

In section 94(1) of the Social Work (Scotland) Act 1968, in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1968 (c. 70)

22

In section 10(5)(a) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1968, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Children and Young Persons Act 1969 (c. 54)

23

In section 30(1) of the Children and Young Persons Act 1969, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.

24

(1) Section 32 of that Act is amended as follows.

(2) In subsection (1A)—

(a) in paragraph (a), for the words after “has been taken under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or ”;

(b) in paragraph (b)(i), 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 ”;

(c) in paragraph (b)(ii), for the words after “has been remanded under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or ”.

(3) In subsection (1C)—

(a) in paragraph (a), for the words after “made the arrangements under” substitute “ paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; ”;

(b) in paragraph (b), for “paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 24(3)(b) of Schedule 6 to the Sentencing Code ”;

(c) in paragraph (c), for the words after “designated under” substitute “ paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; ”.

(4) In subsection (1D)(b), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 191 of the Sentencing Code ”.

(5) In subsection (1E)(b), for “paragraph 18(3) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 26(2)(b) of Schedule 6 to the Sentencing Code ”.

25

In section 70(1) of that Act—

(a) in the definition of “local authority residence requirement”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code ”;

(b) in the definition of “youth rehabilitation order” and “youth rehabilitation order with fostering”, for “the same meanings as in Part 1 of the Criminal Justice and Immigration Act 2008 (see section 1 of that Act)” substitute “ the meanings given by sections 173 and 176 of the Sentencing Code ”.

Administration of Justice Act 1970 (c. 31)

26

(1) Schedule 9 to the Administration of Justice Act 1970 is amended as follows.

(2) In paragraph 9A, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

(3) In paragraph 10, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(4) In paragraph 12, for “section 137 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 380 of the Sentencing Code ”.

(5) In paragraph 12A, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Misuse of Drugs Act 1971 (c. 38)

27

(1) Section 4A of the Misuse of Drugs Act 1971 is amended as follows.

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (8) apply ”;

(b) in paragraph (a), after “court” insert “ in Scotland or Northern Ireland ”.

(3) After subsection (8) insert—

(9) For the requirement for a court in England and Wales considering the seriousness of an offence under section 4(3) of this Act to treat certain matters as aggravating factors, see section 71 of the Sentencing Code.

Juries Act 1974 (c. 23)

28

(1) Schedule 1 to the Juries Act 1974 is amended as follows.

(2) In paragraph 6(d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(3) In paragraph 7(b), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Consumer Credit Act 1974 (c. 39)

29

In section 119(2) of the Consumer Credit Act 1974, for “section 148 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.

Solicitors Act 1974 (c. 47)

30

In section 43(7) of the Solicitors Act 1974, for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Rehabilitation of Offenders Act 1974 (c. 53)

31

(1) Section 1 of the Rehabilitation of Offenders Act 1974 is amended as follows.

(2) In subsection (3)—

(a) in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”;

(b) in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “ or section 46 of the Sentencing Code ”.

(3) In subsection (4), for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

32

(1) Section 5 of that Act, as it extends to England and Wales, is amended as follows.

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (7)(e), after “section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3(2) of Schedule 12 to the Sentencing Code ”.

(5) In subsection (8)—

(a) in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;

(c) in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 250 of the Sentencing Code ”;

(d) in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ within the meaning given by section 233 of the Sentencing Code ”;

(e) in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 6 of the Sentencing Code ”;

(f) in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 6 of the Sentencing Code ”.

33

(1) Section 5 of that Act, as it extends to Scotland, is amended—

(a) if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before 1 December 2020, as set out in sub-paragraphs (2) and (3);

(b) if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (2), in Table B, in the fourth entry, after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

(5) In subsection (4A), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

(6) In subsection (4B)—

(a) in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 1 of Part 6 of the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(7) In subsection (4C)—

(a) in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 15 of Schedule 4 to the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(8) In subsection (5)(da), after “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ or Chapter 1 of Part 9 of the Sentencing Code ”.

(9) In subsection (6A), after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code, ”.

(10) In subsection (9)(b), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

34

In section 7(2)(d) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Bail Act 1976 (c. 63)

35

In section 2(2) of the Bail Act 1976—

(a) in the definition of “custodial sentence”, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”;

(b) in the definition of “probation hostel”, for “by a community order under section 177 of the Criminal Justice Act 2003” substitute “ by a community order under Chapter 2 of Part 9 of the Sentencing Code ”;

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

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

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

36

In section 4(3) of that Act—

(a) in paragraph (za), for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;

(b) in paragraph (zb), for “Schedule 8 to that Act” substitute “ Schedule 5 to that Code ”;

(c) in paragraph (a), for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”;

(d) in paragraph (b), for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to that Code ”.

37

(1) Schedule 1 to that Act is amended as follows.

(2) In paragraph 6B(1)(b) of Part 1, for sub-paragraph (ii) substitute—

(ii) under section 34A of the Sentencing Code (pre-sentence drug testing),

(3) In paragraph 4 of Part 3, in the definition of “default”, for “Schedule 8 to the Criminal Justice Act 2003” substitute “ Schedule 10 to the Sentencing Code ”.

Criminal Law Act 1977 (c. 45)

38

In section 3(1) of the Criminal Law Act 1977, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.

Interpretation Act 1978 (c. 30)

39

(1) Schedule 1 to the Interpretation Act 1978 is amended as follows.

(2) At the appropriate place insert—

“The Sentencing Code” means the code contained in the Sentencing Act 2020 (see section 1 of that Act).

(3) In paragraph (a) of the definition of “The standard scale”, for “has the meaning given by section 37 of the Criminal Justice Act 1982” substitute “ has the meaning given by section 122 of the Sentencing Code (or, in the case of an offence of which the offender was convicted before that Act came into force, section 37 of the Criminal Justice Act 1982) ”.

Ancient Monuments and Archaeological Areas Act 1979 (c. 46)

40

In section 5(2)(a) of the Ancient Monuments and Archaeological Areas Act 1979, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

41

In section 29 of that Act, for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Licensed Premises (Exclusion of Certain Persons) Act 1980 (c. 32)

42

In section 1(2)(b) of the Licensed Premises (Exclusion of Certain Persons) Act 1980, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

Magistrates' Courts Act 1980 (c. 43)

43

In section 11(3) of the Magistrates' Courts Act 1980 (“the MCA 1980”), for “paragraph 8(2)(a) or (b) of Schedule 12 to the Criminal Justice Act 2003” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.

44

In section 17A(4)(b) of the MCA 1980—

(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

45

In section 17D(2)(b) of the MCA 1980, for “sections 3 and 4 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 14 and 18 of the Sentencing Code ”.

46

In section 20(2)(c) of the MCA 1980—

(a) for “section 3 or (if applicable) 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or (if applicable) 15 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

47

(1) Section 20A of the MCA 1980 is amended as follows.

(2) In subsection (2), for “sections 3A(4), 4(8) and 5(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 15(4), 18(8) and 21(6) of the Sentencing Code ”.

(3) In subsection (6), for “the meaning of section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.

48

In section 24(3) of the MCA 1980, for “section 89(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227(1) of the Sentencing Code ”.

49

In section 24A(5)(b) of the MCA 1980—

(a) for “section 91(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;

(b) for “under section 3B or (if applicable) 3C of that Act if the court is of such opinion as is mentioned in subsection (2) of the applicable section” substitute “ under section 16 or 17 of that Act if the court is of such opinion as is mentioned in section 16(1)(c) or (if applicable) section 17(1)(b) ”.

50

(1) Section 81 of the MCA 1980 is amended as follows.

(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

(3) In subsection (8), in the definition of “sum adjudged to be paid by a conviction”, for “an order under section 130 of the said Act of 2000 (compensation orders)” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) ”.

51

In section 82(1A) of the MCA 1980—

(a) in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”;

(b) in paragraph (b), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of that Code ”.

52

In section 85(3A)(b) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

53

In section 91(3) of the MCA 1980, for “section 140(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132(1) of the Sentencing Code ”.

54

(1) Section 108 of the MCA 1980 is amended as follows.

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

(3) In subsection (4), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

(4) In subsection (5), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

55

In section 113(3) of the MCA 1980 as amended by the Sentencing (Pre-consolidation Amendments) Act 2020, for “section 3, 3A, 3B or 3C of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14, 15, 16 or 17 of the Sentencing Code ”.

56

In section 121(5A) of the MCA 1980—

(a) in paragraph (d), for “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

(b) in paragraph (e), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”;

(c) in paragraph (h), for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

57

In section 125D(3)(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.

58

In section 126(f) of the MCA 1980, for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”.

59

In section 133(1) of the MCA 1980, for “section 265 of the Criminal Justice Act 2003” substitute “ section 225 of the Sentencing Code ”.

60

In section 139(aa) of the MCA 1980, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1980 (c. 55)

61

In Schedule 1 to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1980, in paragraph (bb)(v) of Part 2, after “within the meaning of section 177 of the Criminal Justice Act 2003” insert “ or imposed under Chapter 2 of Part 9 of the Sentencing Code ”.

Imprisonment (Temporary Provisions) Act 1980 (c. 57)

62

In section 6(1) of the Imprisonment (Temporary Provisions) Act 1980, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

Public Passenger Vehicles Act 1981 (c. 14)

63

In Schedule 3 to the Public Passenger Vehicles Act 1981, in paragraph 1(6), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Criminal Attempts Act 1981 (c. 47)

64

In section 4(5)(b) of the Criminal Attempts Act 1981, for sub-paragraph (ii) substitute—

(ii) in section 224(1) and (2) (general limit on magistrates' court's powers to impose imprisonment etc) of the Sentencing Code.

Contempt of Court Act 1981 (c. 49)

65

In section 12(5) of the Contempt of Court Act 1981, for “Section 135 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Section 123 of the Sentencing Code ”.

66

In section 16(3) of that Act, for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

67

In Schedule 1 to that Act, in paragraph 6, for “section 1 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 2 of the Sentencing Code ”.

Senior Courts Act 1981 (c. 54)

68

After section 52 of the Senior Courts Act 1981 insert—

(52A) The criminal courts charge duty (see section 46 of the Sentencing Code) applies to the Crown Court when dismissing an appeal by a person convicted of an offence against conviction or sentence for the offence.

69

(1) Section 140 of that Act is amended as follows.

(2) In subsection (3), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

(3) In subsection (5), for “sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 130 to 132 of the Sentencing Code ”.

Criminal Justice Act 1982 (c. 48)

70

In section 32(1A) of the Criminal Justice Act 1982—

(a) in paragraph (d), after “under section 226A, 226B, 227 or 228 of the Criminal Justice Act 2003” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (e), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”.

71

In section 46(3) of that Act—

(a) for “an order under section 143 of the Magistrates' Courts Act 1980 alters the sums specified in section 37(2) above” substitute “ regulations under paragraph 5 of Schedule 23 to the Sentencing Act 2020 alter the sums specified in section 122(1) of the Sentencing Code ”;

(b) for “the order” substitute “ the regulations ”.

72

(1) Schedule 13 to that Act is amended as follows.

(2) In paragraph 7—

(a) in sub-paragraph (1), in sub-paragraph (b) of the substituted text—

(i) for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(ii) for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(b) in sub-paragraph (3)(b), for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(c) in sub-paragraph (4)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part 9 ”.

(3) In paragraph 9—

(a) in sub-paragraph (3)(a), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in sub-paragraph (3)(aa), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(i) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(ii) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(4) In paragraph 10—

(a) in the definition of “community order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Mental Health Act 1983 (c. 20)

73

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

(2) In subsection (1A), for the words from “imposed” to “nothing” substitute “ imposed under section 258, 273, 274, 283 or 285 of the Sentencing Code or under Chapter 7 of Part 10 of that Code, nothing ”.

(3) For subsection (1B) substitute—

(1B) For the purposes of subsection (1A) above— (a) a sentence falls to be imposed under section 258 of the Sentencing Code if the court is obliged by that section to pass a sentence of detention for life under section 250 of that Code; (b) a sentence falls to be imposed under section 273 or 274 of that Code if the court is obliged by that section to pass a sentence of custody for life; (c) a sentence falls to be imposed under section 283 or 285 of that Code if the court is obliged by that section to pass a sentence of imprisonment for life; (d) a sentence falls to be imposed under Chapter 7 of Part 10 of that Code if it is required by section 311(2), 312(2), 313(2), 314(2) or 315(2) of that Code and the court is not of the opinion there mentioned.

(4) In subsection (8)(a)—

(a) for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of that Code ”.

(5) In subsection (8)(b), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83 of that Code ”.

(6) In subsection (8)(c), for “section 150 of that Act” substitute “ section 376 of that Code ”.

74

In section 43(4) of that Act, for “section 3 or 3B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 or 16 of the Sentencing Code ”.

Child Abduction Act 1984 (c. 37)

75

In the Schedule to the Child Abduction Act 1984, in paragraph 2(1)—

(a) for paragraph (a) substitute—

(a) detained in a place of safety under paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;

(b) for paragraph (b) substitute—

(b) remanded to local authority accommodation under paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;

Police and Criminal Evidence Act 1984 (c. 60)

76

In section 17(1)(cb)(ii) of the Police and Criminal Evidence Act 1984, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code ”.

77

In section 38(6A) of that Act, in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “ Schedule 18 to the Sentencing Code ”.

78

In section 63A(3B) of that Act, after “section 92 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 260 of the Sentencing Code, ”.

79

In section 63K(6)(a) of that Act, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.

80

In section 75(3)(a) of that Act—

(a) after “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 82 of the Sentencing Code ”;

(b) omit “probation or”.

Prosecution of Offences Act 1985 (c. 23)

81

In section 3(2) of the Prosecution of Offences Act 1985—

(a) in paragraph (fa), for “section 22 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ Chapter 1 of Part 11 of the Sentencing Code ”;

(b) in paragraph (fb)—

(i) for “applications under section 27 of the Anti-social Behaviour, Crime and Policing Act 2014” substitute “ applications under section 336 of the Sentencing Code ”;

(ii) for “section 22 of that Act” substitute “ Chapter 1 of Part 11 of that Code ”.

82

In section 7A(5) of that Act, in the definition of “preventative civil orders”—

(a) in paragraph (b), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”;

(b) in paragraph (c), after “section 8 of the Crime and Disorder Act 1998” insert “ or section 366 or 369 of the Sentencing Code ”.

83

(1) Section 19(3C) of that Act is amended as follows.

(2) For the definition of “community order” substitute—

“community order” has the meaning given by section 200 of the Sentencing Code;

(3) In the definition of “mental health treatment requirement”—

(a) in paragraph (a), for “under section 207 of the Criminal Justice Act 2003” substitute “ within the meaning given by paragraph 16 of Schedule 9 to the Sentencing Code ”;

(b) in paragraph (b), for “under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “ within the meaning given by paragraph 28 of Schedule 6 to that Code ”.

(4) In the definition of “youth rehabilitation order”, for “the same meaning as in Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ the meaning given by section 173 of the Sentencing Code ”.

Housing Act 1985 (c. 68)

84

In section 84A(5) of the Housing Act 1985, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert “ or section 339 of the Sentencing Code ”.

85

In Schedule 3 to that Act, under Ground 2A, in the definition of “relevant order”, for “an order under section 22 of that Act” substitute “ a criminal behaviour order within the meaning given by section 330 of the Sentencing Code ”.

Surrey Act 1985 (c. iii)

86

In section 2(1) of the Surrey Act 1985, in the definition of “the standard scale”, for “section 37 (3) of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.

Clwyd County Council Act 1985 (c. xliv)

87

In section 2(1) of the Clwyd County Council Act 1985, in the definition of “the standard scale”, for “section 37 of the Criminal Justice Act 1982” substitute “ section 122 of the Sentencing Code ”.

Insolvency Act 1986 (c. 45)

88

In section 281(4A) of the Insolvency Act 1986, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

Criminal Justice Act 1988 (c. 33)

89

(1) Section 36 of the Criminal Justice Act 1988 is amended as follows.

(2) In subsection (2), for paragraph (b) substitute—

(b) failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.

(3) In subsection (3A), for “an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)” substitute “ a minimum term order made under section 321 of the Sentencing Code in respect of an offence the sentence for which is fixed by law ”.

(4) In subsection (9)—

(a) for paragraphs (aa) to (ac) substitute—

(aa) subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted impose a sentence required by— (i) Article 70(2) of the Firearms (Northern Ireland) Order 2004, (ii) paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006, (iii) Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or (iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

(b) in paragraph (c), for “an order specified in subsection (3B)” substitute “ a minimum term order made under section 321 of the Sentencing Code ”;

90

In section 139 of that Act, after subsection (6) insert—

(6ZA) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales 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.

91

In section 139A of that Act, before subsection (6) insert—

(5ZB) See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales 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.

92

In section 139AA of that Act, after subsection (6) insert—

(6A) 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.

93

In section 159(1)(aa) of that Act, after “by the Crown Court under” insert “ section 39(7) or (8) of the Sentencing Code or ”.

Firearms (Amendment) Act 1988 (c. 45)

94

(1) Section 1 of the Firearms (Amendment) Act 1988 is amended as follows.

(2) In subsection (4A)(bb), for “subsection (1A)(a) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 1 of Schedule 20 to the Sentencing Code ”.

(3) After subsection (4A) insert—

(4B) An order under subsection (4) which, by virtue of subsection (4A)(bb), amends paragraph 1 of Schedule 20 to the Sentencing Code may also— (a) provide for section 311 to apply with modifications or exceptions, or (b) provide for section 249 not to apply, in relation to any provision added by the order to section 5(1) of the principal Act.

Copyright, Designs and Patents Act 1988 (c. 48)

95

In section 108(6) of the Copyright, Designs and Patents Act 1988, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

96

In section 199(6) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Housing Act 1988 (c. 50)

97

In Schedule 2 to the Housing Act 1988, under Condition 3 of Ground 7A, after “section 30 of the Anti-social Behaviour, Crime and Policing Act 2014” insert or “ section 339 of the Sentencing Code ”.

Road Traffic Act 1988 (c. 52)

98

In section 164(5) of the Road Traffic Act 1988, for “section 146 or 147 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 168 of the Sentencing Code ”.

Road Traffic Offenders Act 1988 (c. 53)

99

(1) Section 26 of the Road Traffic Offenders Act 1988 is amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section” substitute “ section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section ”;

(b) in paragraph (b), for “section 10 of that Act” substitute “ section 28 of that Code ”.

(3) In subsection (2)(a), for “section 1” substitute “ Chapter 1 of Part 2 ”.

100

(1) Section 34 of that Act is amended as follows.

(2) In subsection (4A), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.

(3) In subsection (4AA), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

101

(1) Section 35 of that Act is amended as follows.

(2) In subsection (2A), in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

(3) In subsection (5), after “or section 147 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 164 of the Sentencing Code ”.

102

(1) Section 35A of that Act is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), for “section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs)” substitute “ section 321(2) of the Sentencing Code (life sentence: minimum term order) ”;

(b) in paragraph (b), for “under section 100 of that Act” substitute “ within the meaning given by section 233 of that Code ”;

(i) for “section 226A of the Criminal Justice Act 2003” substitute “ section 266 or 279 of that Code ”;

(ii) for “section 226A(5)(a) of that Act” substitute “ section 266(a) or 279(a) of that Code ”;

(d) in paragraph (f)—

(i) for “section 226B of that Act” substitute “ section 254 of that Code ”;

(ii) for “section 226B(3)(a) of that Act” substitute “ section 254(a) of that Code ”;

(e) in paragraph (fa)—

(i) for “section 236A of that Act” substitute “ section 265 or 278 of that Code ”;

(ii) for “section 236A(2)(a) of that Act” substitute “ section 265(2)(a) or 278(2)(a) of that Code ”;

(f) omit paragraph (g).

(3) In subsection (7)—

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

(b) for paragraphs (b) and (c) substitute—

(b) the court has made a whole life order under section 321(3) of the Sentencing Code in relation to the custodial sentence.

(4) In subsection (11)—

(a) in the definition of “custodial sentence”, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222 of the Sentencing Code ”;

(b) in the definition of “suspended sentence”, for “section 189 of the Criminal Justice Act 2003” substitute “ section 286 of the Sentencing Code ”.

103

In section 37(1B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

104

In section 42(3B) of that Act, in paragraph (c) insert at the end “ or section 166 of the Sentencing Code ”.

105

(1) Section 46 of that Act is amended as follows.

(2) In subsection (1), for “section 14(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(4) of the Sentencing Code ”.

(3) In subsection (2), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.

106

In section 47(2ZA) of that Act, for paragraph (c) substitute—

(c) section 166 of the Sentencing Code.

Football Spectators Act 1989 (c. 37)

107

In section 14A(5) of the Football Spectators Act 1989, for “sections 12 and 14 of the Powers of the Criminal Courts (Sentencing) Act 2000” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

Children Act 1989 (c. 41)

108

(1) Section 21 of the Children Act 1989 is amended as follows.

(2) In subsection (2)(c)—

(a) in sub-paragraph (ia), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code ”;

(b) in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 25 of Schedule 7 to that Code ”.

(3) For subsection (2A) substitute—

(2A) In subsection (2)(c)(iii)— - “local authority residence requirement” has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code; - “youth rehabilitation order” has the meaning given by section 173 of that Code; - “youth rehabilitation order with fostering” has the meaning given by section 176 of that Code.

109

In section 31(7)(b)(ii) of that Act, 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 ”.

110

In section 104 of that Act—

(a) in subsection (3A), after “(3BA)” insert “ , (3BB) ”.

(b) after subsection (3BA) insert—

(3BB) Regulations fall within this subsection if they are regulations made in the exercise of the power conferred by paragraph 3B(4) of Schedule A1.

111

In section 105(6)(ba) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

112

(1) Schedule A1 to that Act is amended as follows.

(2) For Part 1 substitute—

(1) (1) For the purposes of this Part of this Schedule— - “the responsible officer”, in relation to a relevant person, means the person who is for the time being responsible for discharging the functions conferred by this Part of this Schedule on the responsible officer in accordance with arrangements made by the Secretary of State; - “relevant person”, in relation to an enforcement order, means a person subject to the order. (2) The responsible officer must be an officer of a provider of probation services. (2) (1) This paragraph applies where an enforcement order is in force. (2) The responsible officer must— (a) make any arrangements that are necessary in connection with the requirements imposed by the order, and (b) promote the relevant person's compliance with those requirements. (3) Sub-paragraph (4) applies where— (a) an enforcement order is in force, and (b) an officer of the Children and Family Court Advisory and Support Service or a Welsh family proceedings officer (as defined in section 35 of the Children Act 2004) is required under section 11M to report on matters relating to the order. (4) The officer of the Service or the Welsh family proceedings officer (“the family officer”) may request the responsible officer to report to the family officer on such matters relating to the order as the family officer may require for the purpose of making a report under section 11M(1)(c) or (d); and it shall be the duty of the responsible officer to comply with such a request. (3) (1) An enforcement order must specify which local justice area is the relevant person's home local justice area. (2) The area specified must be the local justice area in which the relevant person resides or will reside. (3A) (1) In this Part of this Schedule “unpaid work requirement”, in relation to an enforcement order, means a requirement that the relevant person must perform unpaid work in accordance with the instructions of the responsible officer as to— (a) the work to be performed, and (b) the times, during a period of 12 months, at which the person is to perform it. (2) Sub-paragraph (1)(b) is subject to paragraphs 7 and 9. (3) But the period of 12 months is not to run while the enforcement order is suspended under section 11J(9). (3B) (1) The number of hours which a person may be required to work under an unpaid work requirement— (a) must be specified in the relevant order, and (b) must, in aggregate, be— (i) not less than 40, and (ii) not more than 200. (2) Sub-paragraph (3) applies where on the same occasion and in relation to the same person the court makes more than one enforcement order imposing an unpaid work requirement. (3) The court may direct that the hours of work specified in any of those requirements is to be— (a) concurrent with, or (b) additional to, those specified in any other of those orders. But the total number of hours which are not concurrent must not exceed the maximum number (see sub-paragraph (1)(b)(ii)). (4) The Secretary of State may by regulations substitute the maximum number of hours for the time being specified in sub-paragraph (1)(b). (3C) (1) This paragraph applies where an enforcement order is in force. (2) The relevant person— (a) must keep in touch with the responsible officer in accordance with any instructions the responsible officer may give the relevant person from time to time, and (b) must notify the responsible officer of any change of address. (3) An obligation imposed by sub-paragraph (2) is enforceable as if it were a requirement of the enforcement order. (3D) The power of the Secretary of State to make rules under section 394 of the Sentencing Code in relation to persons subject to community orders or suspended sentence orders may also be exercised in relation to persons subject to enforcement orders.

(3) In paragraph 6(2), for “section 199(2)(a) of the Criminal Justice Act 2003” substitute “ paragraph 3B(1)(b)(i) ”.

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In paragraph 8(8), “the same meaning as in section 197 of the Criminal Justice Act 2003 (as modified by paragraph 2)” substitute “ the meaning given by paragraph 1 ”.

(6) In paragraph 9(9)—

(a) for “section 199(2)(b) of the Criminal Justice Act 2003, as substituted by paragraph 3” substitute “ paragraph 3B(1)(b)(ii) ”;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

113

In Schedule 2 to that Act, in paragraph 21(7), at the end of paragraph (c) insert “ or section 260 of the Sentencing Code ”.

114

(1) Schedule 3 to that Act is amended as follows.

(2) In paragraph 13(2)(c), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(3) In paragraph 14(1), 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 ”.

115

In Schedule 8 to that Act, in paragraph 3(a), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Environmental Protection Act 1990 (c. 43)

116

(1) Section 33B of the Environmental Protection Act 1990 is amended as follows.

(2) In subsection (2), for “section 130(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 133(a) of the Sentencing Code ”.

(3) In subsection (5), for “the reference in section 131(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a reference in section 139(2) or (3) of the Sentencing Code ”.

117

In section 33C(8) of that Act, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

118

In section 59(8A), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.

119

In section 59ZB(10), for “a compensation order has been made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ a compensation order (within the meaning given by section 133 of the Sentencing Code) has been made ”.

Criminal Justice Act 1991 (c. 53)

120

(1) Section 24 of the Criminal Justice Act 1991 is amended as follows.

(2) In subsection (3)(a), for “section 140 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 132 of the Sentencing Code ”.

(3) In subsection (3A), for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

(4) In subsection (4), in paragraph (ba) of the definition of “fine”, for “section 21A of the Prosecution of Offences Act 1985” substitute “ section 46 of the Sentencing Code ”.

121

(1) In Schedule 3 to that Act, paragraph 11 is amended as follows.

(2) In sub-paragraph (2)(b), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”.

(3) In sub-paragraph (2A)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(4) In sub-paragraph (4)—

(a) for “paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code ”;

(b) for “paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code ”.

(5) In sub-paragraph (5)—

(a) for “Part 12 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of that Part ”;

(6) In sub-paragraph (8)—

(a) for the definition of “community order” substitute—

“community order” has the meaning given by section 200 of the Sentencing Code;

(b) for the definition of “youth rehabilitation order” substitute—

“youth rehabilitation order” has the meaning given by section 173 of the Sentencing Code.

122

In section 121(2) of the Social Security Administration Act 1992, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.

Aggravated Vehicle-Taking Act 1992 (c. 11)

123

In section 1(2)(a) of the Aggravated Vehicle-Taking Act 1992, for “section 163 of the Criminal Justice Act 2003” substitute “ section 120 of the Sentencing Code ”.

Prisoners and Criminal Proceedings (Scotland) Act 1993 (c. 9)

124

In section 1AB(2) of the Prisoners and Criminal Proceedings (Scotland) Act 1993—

(a) in paragraph (b)—

(i) after “section 31” insert “ of the Counter-Terrorism Act 2008 ”;

(ii) for “the Counter-Terrorism Act 2008” substitute “ that Act or section 69 of the Sentencing Code ”;

(b) in paragraph (c), after “that Act” insert “ or section 69 of that Code (as applied by section 238(6) of the Armed Forces Act 2006) ”.

125

(1) Section 10 of that Act is amended as follows.

(2) In subsection (1), at the end of paragraph (a) insert

or (iv) a minimum term order made under section 321 of the Sentencing Code applies;

(3) In subsection (5)(b), after “the Criminal Justice Act 2003,” insert “ section 321(2) of the Sentencing Code or ”.

Vehicle Excise and Registration Act 1994 (c. 22)

126

In section 32(1)(a) of the Vehicle Excise and Registration Act 1994, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.

127

In section 41(1)(a) of that Act, for “section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 79 or 80 of the Sentencing Code ”.

Criminal Justice and Public Order Act 1994 (c. 33)

128

In section 15 of the Criminal Justice and Public Order Act 1994, in the definition of “youth detention accommodation”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.

129

In section 25(5) of that Act, in paragraph (a) of the definition of “the relevant enactments”, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

130

In section 136(7A) of that Act—

(a) for “Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Schedule 4 to the Sentencing Code ”;

(b) for “Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “ Schedule 7 to that Code ”.

Goods Vehicles (Licensing of Operators) Act 1995 (c. 23)

131

In Schedule 3 to the Goods Vehicles (Licensing of Operators) Act 1995, in paragraph 3(3)(b), after “under section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

Criminal Procedure (Scotland) Act 1995 (c. 46)

132

In section 222(8) of the Criminal Procedure (Scotland) Act 1995, for “section 139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 129 of the Sentencing Code ”.

133

(1) Schedule 13 to that Act is amended as follows.

(2) In paragraph 5(3), for “an order made by the Secretary of State by virtue of section 215(3) of the 2003 Act” substitute “ regulations made by the Secretary of State by virtue of paragraph 31(2) of Schedule 9 to the Sentencing Code ”.

(3) In paragraph 7(1)—

(a) omit the definitions of “the 2003 Act” and “the 2008 Act”;

(b) in paragraph (a) of the definition of “corresponding order”, for “the meaning of Part 1 of the 2008 Act” substitute “ the meaning given by section 173 of the Sentencing Code ”;

(c) in paragraph (b) of that definition, for “the meaning of Part 12 of the 2003 Act” substitute “ the meaning given by section 200 of that Code ”;

(d) in paragraph (a) of the definition of “relevant area” omit “(within the meaning given by section 7(1) of the 2008 Act)”;

(e) in paragraph (a) of the definition of “relevant service”, for “a youth offending team within the meaning given by section 7(1) of the 2008 Act” substitute “ a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams) ”;

(f) in paragraph (a) of the definition of “responsible officer”, for “section 4 of the 2008 Act” substitute “ section 191 of the Sentencing Code ”;

(g) in paragraph (b) of that definition, for “section 197 of the 2003 Act” substitute “ section 213 of that Code ”.

(4) After sub-paragraph (1) of paragraph 7 insert—

(1A) For the purposes of the definition of “relevant area” in sub-paragraph (1), “local authority” means— (a) in relation to England— (i) a county council, (ii) a district council whose district does not form part of an area that has a county council, (iii) a London borough council, or (iv) the Common Council of the City of London in its capacity as a local authority, and (b) in relation to Wales— (i) a county council, or (ii) a county borough council.

London Local Authorities Act 1995 (c. x)

134

In section 26(1) of the London Local Authorities Act 1995, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

Criminal Procedure and Investigations Act 1996 (c. 25)

135

In the Criminal Procedure and Investigations Act 1996, in the italic heading before section 58, at the end insert “ (Northern Ireland) ”.

136

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

(2) In subsection (1)—

(a) in paragraph (a), after “a court” insert “ in Northern Ireland ”;

(b) omit paragraph (b) and the preceding “or”.

(3) In subsection (2), in paragraphs (a) and (b), after “a court” insert “ in Northern Ireland ”.

(4) In subsection (9) omit paragraph (b).

137

In section 59(1) of that Act, in paragraphs (a) and (b), for “Great Britain” substitute “ Northern Ireland ”.

138

In section 79 of that Act, after subsection (3) insert—

(3A) Sections 58 to 60 and section 61(1) to (3) extend only to Northern Ireland.

139

Omit sections 58 to 60 and section 61(1) to (3) of that Act except so far as they extend to Northern Ireland.

140

In Schedule 4 to that Act omit paragraphs 23 and 24.

Housing Act 1996 (c. 52)

141

In section 179(5) of the Housing Act 1996, in paragraph (g) of the definition of “youth detention accommodation”, for “by order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ by regulations under section 248(1)(f) of the Sentencing Code ”.

Education Act 1996 (c. 56)

142

(1) Section 562 of the Education Act 1996 is amended as follows.

(2) In subsection (1A)(b)(i), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000)” substitute “ section 248(1) of the Sentencing Code ”.

(3) In subsection (2)(b), for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

143

In Schedule 1 to the Social Security (Recovery of Benefits) Act 1997, in paragraph 2, after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000,” insert “ or Chapter 2 of Part 7 of the Sentencing Code, ”.

Protection from Harassment Act 1997 (c. 40)

144

In section 5A of the Protection from Harassment Act 1997, for subsection (2) substitute—

(2) The order may have effect for a specified period or until further order. (2A) In proceedings under this section both the prosecution and the defence may lead, as further evidence, any evidence that would be admissible in proceedings for an injunction under section 3. (2B) The prosecutor, the defendant or any other person mentioned in the order may apply to the court that made the order for it to be varied or discharged by a further order. (2C) Any person mentioned in the order is entitled to be heard on the hearing of an application under subsection (2B). (2D) It is an offence for the defendant, without reasonable excuse, to do anything that the defendant is prohibited from doing by an order under this section. (2E) A person guilty of an offence under this section is liable— (a) on conviction on indictment, to imprisonment for a term not exceeding five years, or a fine, or both, or (b) on summary conviction, to imprisonment for a term not exceeding six months, or a fine, or both. (2F) A court dealing with a person for an offence under this section may vary or discharge the order in question by a further order.

Crime (Sentences) Act 1997 (c. 43)

145

In section 28(8A) of the Crime (Sentences) Act 1997, at the end insert

, or (c) subsection (2) of section 321 of the Sentencing Code (life sentence: minimum term order etc).

146

In section 34(2) of that Act—

(a) in paragraph (b), after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 or 259 of the Sentencing Code ”;

(b) in paragraph (c), for the words after “custody for life” substitute “ under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000, under section 272 or 275 of the Sentencing Code (including a sentence passed as a result of section 217 of the Armed Forces Act 2006) or under section 210A of the Armed Forces Act 2006 ”.

147

In section 35(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

148

In section 40(1)(b) of that Act, for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 227 of the Sentencing Code ”.

149

(1) Schedule 1 to that Act is amended as follows.

(2) In paragraph 6(3)(aa), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 242(2)(b) of the Sentencing Code ”.

(3) In paragraph 8—

(a) in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(b) in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(i) for “sections 102 to 104 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241 and 242 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(ii) in paragraph (b) omit “except in section 103(2),”;

(iii) in paragraph (e), for “section 103” substitute “ section 242 ”;

(iv) omit paragraph (ea);

(v) in paragraph (f), for “in section 103(3), for paragraph (c)” substitute “ in section 242(2)(a), for sub-paragraph (ii) ”;

(vi) in paragraph (fa), for “section 103(4)” substitute “ section 242(6) ”;

(vii) in paragraph (g), for “section 103(5)” substitute “ section 242(7) ”;

(viii) in paragraph (h), for “in section 104, for subsection (1)” substitute “ in paragraph 2 of Schedule 12, for sub-paragraphs (1) and (2) ”;

(ix) in the substituted text set out in paragraph (h), for “ section 103(6)(b) ” substitute “section 242(4)(b)”;

(x) for paragraph (i) substitute—

(i) paragraph 2(3) of Schedule 12 were omitted,

(xi) in paragraph (j), for “section 104(6)” substitute “ paragraph 3(11) of that Schedule ”;

(xii) at the end of that paragraph insert “ , and ”;

(xiii) after that paragraph insert—

(k) paragraph 3(12)(a)(ii) and (b)(ii) of that Schedule were omitted.

(d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) In paragraph 9—

(a) in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(b) in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code ”;

(5) In paragraph 20(1)—

(a) in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”;

(b) in the definition of “sentence of imprisonment”, after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000)” insert “ or section 272 or 275 of the Sentencing Code ”;

Police Act 1997 (c. 50)

150

In section 113CA(2)(fa) of the Police Act 1997—

(a) after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;

(c) in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.

151

In section 113CB(2)(fa) of that Act—

(a) after “under section 103A of the Sexual Offences Act 2003” insert “ or Chapter 2 of Part 11 of the Sentencing Code ”;

(b) in sub-paragraph (iii), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 347(2) or 348(1) of the Sentencing Code ”;

(c) in sub-paragraph (iv), for “of that Act” substitute “ of the Sexual Offences Act 2003 or section 350(6) of the Sentencing Code ”.

Crime and Disorder Act 1998 (c. 37)

152

(1) Section 8 of the Crime and Disorder Act 1998 (“the CDA 1998”) is amended as follows.

(2) In subsection (1)—

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

(b) in paragraph (b), for “, an order is made under section 22 of that Act or a” substitute “ or a criminal behaviour order or ”.

(3) For subsection (9) substitute—

(9) In this section— - “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code; - “sexual harm prevention order” means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.

153

(1) Section 9 of the CDA 1998 is amended as follows.

(2) In subsection (1B), for “an order is made under section 22 of that Act” substitute “ a criminal behaviour order ”.

(3) After subsection (7) insert—

(7ZA) In this section “criminal behaviour order” has the meaning given by section 330 of the Sentencing Code.

154

In section 38(4) of the CDA 1998—

(a) in paragraph (fa), for “(within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008)” substitute “ under Chapter 1 of Part 9 of the Sentencing Code ”;

(b) in paragraph (fb), for “that Part”, in both places, substitute “ that Chapter ”.

(d) in paragraph (i), after “section 226, 226B or 228 of the Criminal Justice Act 2003” insert “ , section 250, 254 or 259 of the Sentencing Code ”;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g) in paragraph (k), for “the meaning of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 83(1) of the Sentencing Code ”.

155

(1) Section 41(5) of the CDA 1998 is amended as follows.

(2) In paragraph (i)(i)—

(a) for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;

(b) for “that Act or” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under ”.

(3) In paragraph (i)(ii), after “sentenced under” insert “ section 250, 254 or 259 of the Sentencing Code, ”.

(4) In paragraph (j)(i)—

(a) for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248 of the Sentencing Code ”;

(b) after “a determination under” insert “ section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code, ”;

(5) In paragraph (j)(ii), after “a direction by the Secretary of State under” insert “ section 260 of the Sentencing Code or ”.

(6) In paragraph (ja), for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 248(1) of the Sentencing Code ”.

156

(1) Section 51A of the CDA 1998 is amended as follows.

(2) In subsection (3)(b)—

(a) for “subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 249(1)(a) or (b) of the Sentencing Code ”;

(b) for “subsection (3) of that section” substitute “ section 251(2) of that Code ”.

(3) In subsection (3)(d)—

(a) for “of section 224 of the Criminal Justice Act 2003” substitute “ given by section 306 of the Sentencing Code ”;

(b) for “the criteria for the imposition of a sentence under section 226B of that Act” substitute “ the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention ”.

(4) In subsection (12)(b), for “section 51A(1) of the Firearms Act 1968” substitute “ section 311(1) of the Sentencing Code ”.

157

In section 66ZB(6)(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

158

In section 66F(a) of the CDA 1998, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

159

In section 117(1) of the CDA 1998, in the definition of “custodial sentence”, for “the same meaning as in the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ the meaning given by section 222 of the Sentencing Code ”.

160

(1) Schedule 3 to the CDA 1998 is amended as follows.

(2) In paragraph (b) of paragraph 10(2) as it has effect without the amendment made by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—

(a) for “section 3 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 14 of the Sentencing Code ”;

(b) for “subsection (2)” substitute “ subsection (1)(b) ”.

(3) In paragraph (c) of paragraph 10(2) as substituted by paragraph 20(10)(a) of Schedule 3 to the Criminal Justice Act 2003—

(a) for “section 224 of the Criminal Justice Act 2003” substitute “ section 306 of the Sentencing Code ”;

(b) for “section 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 15 of the Sentencing Code ”;

Youth Justice and Criminal Evidence Act 1999 (c. 23)

161

In Schedule 2 to the Youth Justice and Criminal Evidence Act 1999, in paragraph 3(9), in the inserted subsection (13)—

(a) in paragraph (c)(i), for “section 62(3) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”;

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

(c) in paragraph (g)(ii), for the words before “there were substituted” substitute “ for the references to Part 1 or 2 of Schedule 18 to the Sentencing Code ”.

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)

162

In section 60(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, for “section 89 below (restrictions on imprisonment of young offenders and defaulters)” substitute “ section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 21) ”.

163

In section 108(1) of that Act, for “section 89(1) above” substitute “ section 227(2) of the Sentencing Code ”.

164

In the italic heading before section 139 of that Act, for “fines” substitute “ recognizances ”.

165

(1) Section 139 of that Act is amended as follows.

(2) In the heading omit “fines and”.

(3) In subsection (1)—

(a) for “imposes a fine on any person or forfeits his recognizance” substitute “ forfeits a person's recognizance ”;

(b) in paragraph (a) omit “the amount of the fine or”;

(4) In subsection (2)—

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