Legalize / United Kingdom / Public General Act

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

(b) omit “(but this subsection does not apply where the court imposes a fine on an offender who was aged under 18 at the time of conviction)”.

(5) In subsection (3) omit “a fine is imposed on him or”.

(6) In subsection (5) omit “a fine or”.

(7) Omit subsections (8) and (9).

166

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

(2) In the heading omit “fines imposed and”.

(3) In subsection (1)—

(a) omit “a fine imposed or”;

(b) omit “fine or other”;

(d) omit the words after paragraph (b).

(4) In subsection (2) omit paragraph (a).

(5) In subsection (3) omit the words after paragraph (b).

(6) In subsection (4) omit “fine imposed or” in both places.

(7) In subsection (5)—

(a) omit “fine imposed by, or”;

(b) omit “85(1) or”.

(8) In subsection (6)—

(a) omit “fine or other”;

(b) omit “as having been imposed by a magistrates' court, or”;

167

(1) Section 142(1) of that Act is amended as follows.

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

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

(4) In paragraph (c), for “a compensation order” substitute “ an order under Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”.

(5) In paragraph (d), for “section 137 above” substitute “ section 380(1) of the Sentencing Code ”.

168

(1) Section 163 of that Act is amended as follows.

(2) In subsection (1) omit the definitions of the following expressions—

“associated”;

“child”;

“community order”;

“compensation order”;

“detention and training order”;

“guardian”;

“local authority accommodation”;

“local probation board”;

“offence punishable with imprisonment”;

“order for conditional discharge”;

“period of conditional discharge”;

“referral order”;

“reparation order”;

“responsible officer”;

“sentence of imprisonment”;

“suspended sentence”

“young person”;

“youth offending team”;

“youth rehabilitation order”.

(3) Omit subsection (2).

169

In section 164 omit subsection (3).

170

(1) Schedule 5 to that Act is amended as follows.

(2) In paragraph 1(1)(b), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “ section 394(1)(d) or (e) of the Sentencing Code ”.

(3) In paragraph 2, after sub-paragraph (3) insert—

(3A) Where— (a) the offender is aged under 18, and (b) but for this sub-paragraph, the court would impose a fine on the offender under sub-paragraph (1)(a) above, section 380 of the Sentencing Code (order for payment by parent or guardian) applies to the fine.

(4) In paragraphs 2(5)(b) and 3(3)(b), for “section 152(2) of the Criminal Justice Act 2003” substitute “ section 230(2) of the Sentencing Code ”.

Terrorism Act 2000 (c. 11)

171

In section 23A(4) of the Terrorism Act 2000—

(a) after “Counter-Terrorism Act 2008” insert “ or Schedule 1 to the Sentencing Code ”;

(b) in paragraph (a), after “that Act” insert “ or section 69 of the Sentencing Code ”.

172

In Schedule 4 to that Act—

(a) in paragraph 1, in the definition of “relevant offence”, in paragraph (c), for “Schedule 2 to the Counter-Terrorism Act 2008” substitute “ Schedule 1 to the Sentencing Code ”;

(b) in paragraph 4A(3), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Criminal Justice and Court Services Act 2000 (c. 43)

173

In section 62(5) of the Criminal Justice and Court Services Act 2000—

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

(b) in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;

(c) in paragraph (e), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;

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

174

In section 62A(4)(b) of that Act, after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

175

In section 64(5) of that Act—

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

(b) in paragraph (d), after “that Act” insert “ or section 250 of that Code ”;

176

In section 64A(8) of that Act, in the definition of “sentence of imprisonment”—

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

(b) in paragraph (c), after “that Act” insert “ or section 250 of that Code ”;

(c) in paragraph (d), after “that Act” insert “ or section 272 or 275 of that Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;

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

177

In section 6B(14)(b)(ii) of the Social Security Fraud Act 2001, for “section 189(7)(b) of the Criminal Justice Act 2003” substitute “ section 286(6) of the Sentencing Code ”.

Criminal Justice and Police Act 2001 (c. 16)

178

In section 3(2A) of the Criminal Justice and Police Act 2001, for “section 161A of the Criminal Justice Act 2003” substitute “ section 42 of the Sentencing Code ”.

International Criminal Court Act 2001 (c. 17)

179

In Schedule 7 to the International Criminal Court Act 2001, in paragraph 2(1)(d), after “sections 240ZA and 240A of the Criminal Justice Act 2003” insert “ and section 325 of the Sentencing Code ”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)

180

(1) In Schedule 1 to the Anti-terrorism, Crime and Security Act 2001, paragraph 16 is amended as follows.

(2) In sub-paragraph (3)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In sub-paragraph (4)(a), for “or section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ or a restitution order within the meaning given by section 147 of the Sentencing Code ”.

Proceeds of Crime Act 2002 (c. 29)

181

In section 6(2)(b) of the Proceeds of Crime Act 2002 (“the POCA 2002”), for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.

182

(1) Section 13 of the POCA 2002 is amended as follows.

(2) In subsection (3)—

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

(b) in paragraph (c), for “section 143 of the Sentencing Act” substitute “ Chapter 4 of Part 7 of the Sentencing Code ”.

(3) In subsection (3A)—

(a) in paragraph (a), for “section 130 of the Sentencing Act” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”;

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

183

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184

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185

(1) Section 19 of the POCA 2002 is amended as follows.

(2) In subsection (7)—

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

(b) in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”.

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

186

(1) Section 20 of the POCA 2002 is amended as follows.

(2) In subsection (11)—

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

(b) in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of that Code ”.

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

187

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188

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189

In section 27(2)(b) of the POCA 2002, for “section 3, 3A, 3B, 3C, 4, 4A or 6 of the Sentencing Act” substitute “ any provision of sections 14 to 20 of the Sentencing Code ”.

190

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191

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192

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193

(1) Section 38 of the POCA 2002 is amended as follows.

(2) In subsection (2), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

(3) In subsection (4)—

(a) in paragraph (a), for “section 189(1) of the Criminal Justice Act 2003” substitute “ section 264 or 277 of the Sentencing Code ”;

(b) in paragraph (c), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

194

(1) Section 39 of the POCA 2002 is amended as follows.

(2) In subsections (1)(c), (2) and (4), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of the Sentencing Code ”.

(3) In subsection (5), for “section 139(2) of the Sentencing Act” substitute “ section 129(3) of that Code ”.

195

In section 70(5) of the POCA 2002—

(a) for “section 3(2) of the Sentencing Act” substitute “ section 14(2) of the Sentencing Code ”;

(b) for “section 3B(2) of that Act” substitute “ section 16(2) of that Code ”.

196

In section 82(2)(d) of the POCA 2002, for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 4 of Part 7 of the Sentencing Code ”.

197

In section 118(2C) and (2D)(b) of the POCA 2002, for “139 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ 129 of the Sentencing Code ”.

198

In section 148(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.

199

In section 230(2)(d) of the POCA 2002, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.

200

(1) Section 308 of the POCA 2002 is amended as follows.

(2) In subsection (4)(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In subsection (5)(a), for “section 148(2) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 3 of Part 7 of the Sentencing Code ”.

Railways and Transport Safety Act 2003 (c. 20)

201

In section 11(4)(a) of the Railways and Transport Safety Act 2003, for “section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 224 of the Sentencing Code ”.

Crime (International Co-operation) Act 2003 (c. 32)

202

In section 54(3A)(c) of the Crime (International Co-operation) Act 2003, after “section 147A of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 166 of the Sentencing Code ”.

Courts Act 2003 (c. 39)

203

In Schedule 5 to the Courts Act 2003, in paragraph 2(2), in the definition of “a sum required to be paid by a compensation order”, after “section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

Extradition Act 2003 (c. 41)

204

In section 153(4) of the Extradition Act 2000, for paragraph (a) substitute—

(a) section 79 or 80 of the Sentencing Code;

Sexual Offences Act 2003 (c. 42)

205

In section 88(4)(c) of the Sexual Offences Act 2003 (“the SOA 2003”), at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

206

In section 89(1) of the SOA 2003, in the entry in column 1 of the table beginning “A person who is the subject”, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

207

In section 91A(2)(b) of the SOA 2003, at the end insert “ , or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

208

In section 103C(6) of the SOA 2003, after “another),” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction), ”.

209

In section 113(1ZA) of the SOA 2003, at the end of paragraph (a) insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

210

In section 131 of the SOA 2003—

(a) in paragraph (h), after “section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6),” insert “ section 250 or 259 of the Sentencing Code, ”;

(b) in paragraph (i), after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 272 or 275 of the Sentencing Code (including one passed as a result of section 210A, 217, 218A or 219 of the Armed Forces Act 2006) ”;

(c) in paragraph (l), after “section 226B or 228 of the Criminal Justice Act 2003” insert “ or section 254 of the Sentencing Code ”.

211

In section 133(1) of the SOA 2003—

(a) in the definition of “order for conditional discharge”, for paragraph (a) substitute—

(a) section 80 of the Sentencing Code;

(b) in the definition of “the period of conditional discharge”, for paragraph (a) substitute—

(a) section 80(1) of the Sentencing Code;

212

In section 134(1)(a) of the SOA 2003, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.

213

In section 136ZA(1)(a) of the SOA 2003, after “order” insert “ or an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

214

In section 136ZB of the SOA 2003, after subsection (2) insert—

(2A) References in subsection (2) to a sexual harm prevention order include references to an order under Chapter 2 of Part 11 of the Sentencing Code (sexual harm prevention orders on conviction).

215

(1) Section 137 of the SOA 2003 is amended as follows.

(2) In subsection (1), after “In this Act” insert “ and in sections 343 to 354 of the Sentencing Code (sexual harm prevention orders on conviction) ”.

(3) In subsection (2), after “103A(1)” insert “ of this Act, and section 345 of the Sentencing Code, ”.

(4) In subsection (3)(a), after “103J” insert “ of this Act, and sections 355 to 357 of the Sentencing Code, ”.

(5) In subsection (3)(b), after “103I” insert “ of this Act, and sections 343 to 354 and 358 of the Sentencing Code, ”.

(6) In subsection (3)(c)—

(a) after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;

(b) in sub-paragraph (ii), after “103E(7)” insert “ of this Act, or section 350(7) of the Sentencing Code, ”;

(7) In subsection (3)(d)—

(a) after “103E” insert “ of this Act, or an application under section 350 of the Sentencing Code, ”;

(b) in sub-paragraph (ii), after “103E” insert “ of this Act or section 350 of the Sentencing Code ”.

216

In Schedule 3 to the SOA 2003, in paragraph 96(a), for “the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ the Sentencing Code ”.

Criminal Justice Act 2003 (c. 44)

217

In section 221(2) of the Criminal Justice Act 2003 (“the CJA 2003”)—

(a) in paragraph (aa), 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 paragraph (b), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.

218

(1) Section 237 of the CJA 2003 is amended as follows.

(2) In subsection (1)(b)—

(a) for “the Sentencing Act or under” substitute “ the PCC(S)A 2000, under ”;

(b) after “of this Act” insert “ or under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.

(3) In subsection (1B)—

(a) in paragraph (b), for “section 91 of the Sentencing Act” substitute “ section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code ”;

(b) in paragraph (ba), after “section 226A of this Act” insert “ or section 266 or 279 of the Sentencing Code ”;

(d) in paragraph (e), after “section 236A of this Act” insert “ or section 265 or 278 of the Sentencing Code ”.

(4) In subsection (1C), after “section 240ZA or 265” insert “ of this Act or section 225 of the Sentencing Code ”.

(5) In subsection (3)—

(a) for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under ”;

(b) after “of this Act” insert “ or under section 262, 265 or 266 of the Sentencing Code ”.

219

(1) Section 240ZA of the CJA 2003 is amended as follows.

(2) After subsection (6) insert—

(6A) Where a court has made a declaration under section 327 of the Sentencing Code in relation to the offender in respect of the offence, this section applies to days specified under subsection (3) of that section as if they were days for which the offender was remanded in custody in connection with the offence or a related offence.

(3) In subsection (7)(a), for “paragraph 8(2)(a) or (b) of Schedule 12” substitute “ paragraph 13(1)(a) or (b) of Schedule 16 to the Sentencing Code ”.

(4) In subsection (11), for “of the Sentencing Act or” substitute “ of the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.

220

(1) Section 240A of the CJA 2003 is amended as follows.

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsection (2) applies ”;

(b) in paragraph (a), after “in respect of an offence” insert “ of which the offender was convicted before 1 December 2020 ”.

(3) After subsection (3) insert—

(3ZA) Subsection (3ZB) applies where— (a) an offender is serving a term of imprisonment in respect of an offence, and (b) the court has made a declaration under section 325 of the Sentencing Code specifying a credit period in relation to the sentence. (3ZB) Subject to subsections (3A) and (3B), the credit period is to count as time served by the offender as part of the sentence.

(4) In subsection (11)(a)(i) and (ii), for “the Sentencing Act” substitute “ the PCC(S)A 2000 ”.

(5) In subsection (11)(b), for “subsection (2)” substitute “ subsections (2) and (3ZB) ”.

221

(1) Section 241 of the CJA 2003 is amended as follows.

(2) In the heading, after “section 240A” insert “ or under section 325 of the Sentencing Code ”.

(3) In subsection (1)—

(a) after “a direction under section 240A” insert “ or under section 325 of the Sentencing Code ”;

(b) after “the direction under section 240A” insert “ or under section 325 of the Sentencing Code ”.

222

(1) Section 243 of the CJA 2003 is amended as follows.

(2) At the end of subsection (1) insert

, and (c) the court has specified under section 327(3) of the Sentencing Code the number of days for which the prisoner was so kept in custody.

(3) Omit subsection (2).

(4) In subsection (2A), for “subsection (2)” substitute “ section 327(3) of the Sentencing Code ”.

223

(1) Section 244A of the CJA 2003 is amended as follows.

(2) In the heading, for “section 236A” substitute “ section 278 of the Sentencing Code etc ”.

(3) In subsection (1), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

(4) In subsection (6), in the definition of “the appropriate custodial term”, after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

224

(1) Section 246 of the CJA 2003 is amended as follows.

(2) In subsection (4)—

(a) in paragraph (a), after “under section 226A, 227, 228 or 236A” insert “ or under section 265, 266, 278 or 279 of the Sentencing Code ”;

(b) in paragraph (d), after “paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8” insert “ , or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code, ”;

(d) in paragraph (i), after “section 240A” insert “ or under section 325 of the Sentencing Code ”.

(3) In subsection (6), in the definition of “term of imprisonment”, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code ”.

225

(1) Section 246A of the CJA 2003 is amended as follows.

(2) In the heading, for “section 226A or 226B” substitute “ section 254, 266 or 279 of the Sentencing Code etc ”.

(3) In subsection (1), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (8), in the definition of “appropriate custodial term”, after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”.

226

(1) Section 247A of the CJA 2003 (inserted by section 1 of the Terrorist Offenders (Restriction of Early Release) Act 2020) is amended as follows.

(2) In subsection (2)—

(a) in paragraph (b)—

(i) after “section 30” insert “ of the Counter-Terrorism Act 2008 or section 69 of the Sentencing Code ”;

(ii) for “the Counter-Terrorism Act 2008” substitute “ that Act ”;

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

(3) In subsection (6), after “under section 226A, 226B, 227, 228 or 236A” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code ”.

(4) In subsection (8), in the definition of “the appropriate custodial term” and in paragraph (a) of the definition of “the requisite custodial period”, after “under section 226A, 226B, 227, 228 or 236A,” insert “ or under section 254, 265, 266, 278 or 279 of the Sentencing Code, ”.

227

(1) Section 250 of the CJA 2003 is amended as follows.

(2) In subsection (4)—

(a) after “a sentence imposed under section 226A, 227 or 236A” insert “ or under section 278 or 279 of the Sentencing Code ”;

(b) for “the Sentencing Act or” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under ”.

(3) After that subsection insert—

(4A) In exercising any power under subsection (4)(b) in respect of an offender, the Secretary of State must have regard to any recommendation under section 328 of the Sentencing Code (power of court to recommend licence conditions where adult is sentenced to term of 12 months or more).

(4) In subsection (5A)—

(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (b), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

228

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229

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230

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231

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232

(1) Section 256B of the CJA 2003 is amended as follows.

(2) In subsection (1)(a), for “section 91 of the Sentencing Act” substitute “ section 250 of the Sentencing Code ”.

(3) In subsection (1A)(a), for “section 91 or 96 of the Sentencing Act” substitute “ section 250 or 262 of the Sentencing Code ”.

233

In section 258(3A) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.

234

In section 260(2A) of the CJA 2003—

(a) after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code, ”;

(b) after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

235

In section 263(4) of the CJA 2003, for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.

236

(1) Section 264 of the CJA 2003 is amended as follows.

(2) In subsection (6)—

(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

(3) In subsection (6A)(a)—

(a) for “228,” substitute “ 228 of this Act or section 254, 266 or 279 of the Sentencing Code, ”;

(b) for “236A,” substitute “ 236A of this Act or section 265 or 278 of that Code, ”.

(4) In subsection (7), for “the Sentencing Act” substitute “ the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code ”.

237

Before section 264B of the CJA 2003 insert—

(264AA) (1) This section applies where, by virtue of section 237(4) of the Sentencing Code or section 106A(3)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, a detention and training order made in the case of a person (“the offender”) who is subject to a relevant sentence of detention is to take effect at the time when the offender would otherwise be released under this Chapter. (2) Any direction in respect of the offender by the Parole Board under— (a) subsection (5)(b) of section 246A, (b) subsection (4)(b) of section 247A, or (c) sub-paragraph (3) of paragraph 15 of Schedule 20B, is to be expressed as a direction that the Board would, but for the detention and training order, have directed the offender's release under that section. (3) In this section— (a) references to a detention and training order include an order made under section 211 of the Armed Forces Act 2006, and (b) “relevant sentence of detention” has the meaning given by section 248(4) of the Sentencing Code.

238

In section 268(1A) of the CJA 2003—

(a) in paragraph (a), after “under section 226A or 226B” insert “ or under section 254, 266 or 279 of the Sentencing Code ”;

(b) in paragraph (c), after “under section 236A” insert “ or under section 265 or 278 of the Sentencing Code ”.

239

In section 273(3) of the CJA 2003, for paragraphs (a) and (b) substitute “ a minimum term order or a whole life order under section 321 of the Sentencing Code ”.

240

In section 274(2) of the CJA 2003, for the words from “in subsections” to “the Sentencing Act” substitute “ in sections 321 to 323 of the Sentencing Code ”.

241

(1) Section 300 of the CJA 2003 is amended as follows.

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

(3) In subsection (2)—

(a) in paragraph (a), for “section 199” substitute “ paragraph 1 of Schedule 9 to the Sentencing Code ”;

(b) in paragraph (b), for “section 204” substitute “ paragraph 9 of that Schedule ”;

(4) In subsection (4), for “Subsections (3) and (4) of section 177” substitute “ Section 207(5) and (6) of the Sentencing Code and paragraph 10(3) of Schedule 9 to that Code ”.

(5) For subsection (6) substitute—

(6) The following provisions of the Sentencing Code have effect in relation to default orders as they have effect in relation to community orders, but subject to the modifications contained in Schedule 31 to this Act— - sections 208(13), 210, 212 to 216, 394 and 395 (further provisions about community orders); - Schedule 9 (community orders and suspended sentence orders: requirements); - Schedule 10 (breach, revocation or amendment of community order); - Schedule 11 (transfer of community orders to Scotland or Northern Ireland).

242

In section 301(1)(b) of the CJA 2003, for “section 89 of the Sentencing Act” substitute “ section 227 of the Sentencing Code ”.

243

(1) Section 305(1) of the CJA 2003 is amended as follows.

(2) Omit the definitions of the following expressions—

“accredited programme”;

“alcohol abstinence and monitoring requirement”;

“alcohol treatment requirement”;

“the appropriate officer of the court”;

“attendance centre requirement”;

“community requirement”

“community sentence”;

“compensation order”;

“drug rehabilitation requirement”;

“electronic monitoring requirement”;

“exclusion requirement”;

“foreign travel prohibition requirement”;

“guardian”;

“local probation board”;

“mental health treatment requirement”;

“pre-sentence report”;

“programme requirement”;

“prohibited activity requirement”;

“rehabilitation activity requirement”;

“residence requirement”;

“responsible officer”;

“unpaid work requirement”.

(3) In the definition of “associated”, for “section 161(1) of the Sentencing Act” substitute “ section 400 of the Sentencing Code ”.

(4) In the definition of “community order”, for “section 177(1)” substitute “ section 200 of the Sentencing Code ”.

(5) In the definition of “curfew requirement”, for “section 204” substitute “ paragraph 9(1) of Schedule 9 to the Sentencing Code ”.

(6) In the definition of “custodial sentence”, for “section 76 of the Sentencing Act” substitute “ section 222 of the Sentencing Code ”.

(7) In the definition of “suspended sentence” and “suspended sentence order”, for “section 189(7)” substitute “ section 286 of the Sentencing Code ”.

(8) Insert at the appropriate place—

“the PCC(S)A 2000” means the Powers of Criminal Courts (Sentencing) Act 2000;

244

In section 327(3)(b) of the CJA 2003—

(a) in sub-paragraph (v), for “the Sentencing Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 or under section 250 of the Sentencing Code ”;

(b) in sub-paragraph (vi), after “section 226B or 228” insert “ or under section 254 of the Sentencing Code ”.

245

(1) Schedule 15 to the CJA 2003 is amended as follows.

(2) In the section reference, for “Section 224” substitute “ Section 327(3)(a) ”.

(3) In the Schedule heading, for “Chapter 5 of Part 12” substitute “ section 325 ”.

246

(1) Schedule 15B to the CJA 2003 is amended as follows.

(2) In the section reference, for “Sections 224A, 226A and 246A” substitute “ Section 246A ”.

(3) In the Schedule heading, for “sections 224A, 226A and 246A” substitute “ section 246A ”.

(4) In the heading of Part 1, for “sections 224A(1), 224A(4), 226A and 246A” substitute “ section 246A ”.

(5) In the heading of Part 2, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.

(6) In the heading of Part 3, for “sections 224A(4), 226A and 246A” substitute “ section 246A ”.

247

In Schedule 19ZA to the CJA 2003, in the heading of Part 2, after “Counter-Terrorism Act 2008” insert “ or Sentencing Code ”.

248

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

249

(1) Schedule 31 to the CJA 2003 is amended as follows.

(2) In paragraph 2—

(a) in sub-paragraph (1), for “section 199” substitute “ paragraph 2 of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2), for the words from the beginning to “in the case” substitute—

In sub-paragraph (1)(b), for sub-paragraphs (i) and (ii) there is substituted— (i) not less than 20 hours, and (ii) in the case

(3) Sub-paragraphs (3) and (4) are omitted.

(3) In paragraph 3—

(a) in sub-paragraph (1), for “section 204” substitute “ paragraph 9 of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2)—

(i) for “subsection (2)” substitute “ sub-paragraph (4) ”;

(ii) for “(2A)” substitute “ (4A) ”.

(4) In paragraph 3A, for the words from the beginning to “be—” substitute “In its application to a default order, paragraph 27(3) of Schedule 9 to the Sentencing Code (attendance centre requirement) is modified by the substitution for the words after “must” of “be—”.

(5) In paragraph 3B—

(a) in sub-paragraph (1), for “section 220(1)” substitute “ section 215 of the Sentencing Code ”;

(b) for sub-paragraph (2) substitute—

(2) At the end of subsection (2) there is inserted “, and must notify the responsible officer of any change of address.”

(6) In paragraph 3C, for “Section 220A” substitute “ Section 216 of the Sentencing Code ”.

(7) In paragraph 4—

(a) in sub-paragraph (1), for “Schedule 8 (breach, revocation or amendment of community orders)” substitute “ Schedule 10 to the Sentencing Code (breach, revocation or amendment of community order) ”;

(b) in sub-paragraph (3), for “and deal with the offender” substitute “ and re-sentence the offender ”;

(d) in sub-paragraph (4A), for “paragraphs 16 and 16A” substitute “ paragraphs 16 and 17 ”.

(e) for sub-paragraph (5) substitute—

(5) The following provisions are omitted— (a) paragraph 10(5)(d) (in relation to any time after the coming into force of paragraph 21(2) of Schedule 22 to the Sentencing Act 2020); (b) paragraph 10(11); (c) paragraph 14(8); (d) paragraph 16(3) (in relation to any time after the coming into force of paragraph 23 of Schedule 22 to that Act); (e) paragraph 23(6); (f) paragraph 25(2)(b).

(8) In paragraph 6, for “Schedule 9” substitute “ Schedule 11 to the Sentencing Code ”.

(9) For paragraph 7 substitute—

(7) After paragraph 20 there is inserted— (20A) Nothing in paragraph 20 affects the application of section 300(7) of the Criminal Justice Act 2003 to a default order made or amended in accordance with Part 1 or 2.

(10) For paragraph 8 substitute—

(8) In paragraph 21, after sub-paragraph (5) there is inserted— (5A) The home court may not impose a fine on the offender.

250

In Schedule 10 to the Health and Social Care (Community Health and Standards) Act 2003, in paragraph 1(a), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

Domestic Violence, Crime and Victims Act 2004 (c. 28)

251

In section 6(5) of the Domestic Violence, Crime and Victims Act 2004, for “section 8 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 25 of the Sentencing Code ”.

252

(1) Section 45 of that Act is amended as follows.

(2) In subsection (1)—

(a) in paragraph (c) of the definition of “relevant sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 250 of the Sentencing Code ”;

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

(3) In subsection (2)(a), for “Schedule 15 to the Criminal Justice Act 2003 (c. 44)” substitute “ Schedule 18 to the Sentencing Code ”.

Constitutional Reform Act 2005 (c. 4)

253

In Schedule 7 to the Constitutional Reform Act 2005, in paragraph 4, under the heading “A: GENERAL”—

(a) omit the entry for the Criminal Justice Act 2003;

(b) at the appropriate place insert—

Sentencing Act 2020 (c. 17) Schedule 23, paragraph 19

Serious Organised Crime and Police Act 2005 (c. 15)

254

In section 73(1) of the Serious Organised Crime and Police Act 2005, after “This section applies if” insert “ in Northern Ireland ”.

255

In section 74(1) of that Act, after “This section applies if” insert “ in Northern Ireland ”.

Government of Wales Act 2006 (c. 32)

256

In Schedule 1A to the Government of Wales Act 2006, in paragraph 7—

(a) the words following “subject to” become paragraph (a);

(b) at the end insert

or (b) an order under Chapter 2 of Part 11 of the Sentencing Code

Wireless Telegraphy Act 2006 (c. 36)

257

In Schedule 5 to the Wireless Telegraphy Act 2006, in paragraph 7, for paragraph (a) substitute—

(a) section 153 of the Sentencing Code;

Violent Crime Reduction Act 2006 (c. 38)

258

(1) Section 29 of the Violent Crime Reduction Act 2006 is amended as follows.

(2) After subsection (3) insert—

(3A) For the minimum sentence which applies where a person is convicted in England and Wales of an offence under section 28, see section 311 of the Sentencing Code.

(3) In subsection (11)(a), after “court” insert “ in Scotland ”.

(4) After subsection (12) insert—

(12A) For the requirement for a court in England and Wales considering for the purposes of sentencing the seriousness of an offence under section 28 to treat certain matters as aggravating factors, see section 70 of the Sentencing Code.

259

In section 47(11) of that Act, in the definition of “relevant person”—

(a) in paragraph (a), for “the meaning of section 196 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 397(1) of the Sentencing Code ”;

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

Safeguarding Vulnerable Groups Act 2006 (c. 47)

260

In Schedule 3 to the Safeguarding Vulnerable Groups Act 2006, in paragraph 18(6)(c), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.

Offender Management Act 2007 (c. 21)

261

(1) Section 1(4) of the Offender Management Act 2007 is amended as follows.

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

“community order” means— (a) a community order within the meaning given by section 200 of the Sentencing Code; (b) a youth rehabilitation order within the meaning given by section 173 of the Sentencing Code;

(3) For the definition of “suspended sentence order” substitute—

“suspended sentence order” has the meaning given by section 286 of the Sentencing Code;

262

In section 4(3) of that Act—

(a) in paragraph (a), for “paragraph 13, 14, 17, 19A or 20 of Schedule 8 to the Criminal Justice Act 2003” substitute “ paragraph 14, 15, 18, 20 or 21 of Schedule 10 to the Sentencing Code ”;

(b) in paragraph (b), for “paragraph 13, 15, 17 or 18 of Schedule 12 to that Act” substitute “ paragraph 22, 25 or 27 of Schedule 16 to that Code ”;

263

In section 28(3) of that Act—

(a) in paragraph (a), after “section 226A or 227 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 279 of the Sentencing Code ”;

(b) in paragraph (c), after “under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or under section 259 of the Sentencing Code ”;

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

(d) in paragraph (e), after “under section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or under section 272 or 275 of the Sentencing Code ”;

(e) in paragraph (f), after “section 226, 226B or 228 of the Criminal Justice Act 2003 (c. 44)” insert “ or under section 254 or 258 of the Sentencing Code ”.

Serious Crime Act 2007 (c. 27)

264

In section 36(5) of the Serious Crime Act 2007, for “sections 12 and 14 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ sections 79, 80 and 82 of the Sentencing Code ”.

London Local Authorities Act 2007 (c. ii)

265

In section 8 of the London Local Authorities Act 2007, for subsection (8) substitute—

(8) Section 316 of the Sentencing Code (appeals where previous convictions set aside) shall apply in Greater London as if the following words were inserted in subsection (1) at the end of paragraph (a)— or under section 8(1) of the London Local Authorities Act 2007 (c. ii) (automatic minimum fine on third conviction for fly posting or shroud advertisement offence),

Criminal Justice and Immigration Act 2008 (c. 4)

266

(1) Section 39 of the Criminal Justice and Immigration Act 2008 is amended as follows.

(2) In subsection (1), for “section 89 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 227 of the Sentencing Code ”.

(3) In subsection (2)—

(a) in paragraph (a), for “paragraph 10 of Schedule 1” substitute “ Part 3 of Schedule 6 to the Sentencing Code ”;

(b) in paragraph (b), for “paragraph 12” substitute “ Part 5 ”;

(4) For subsection (4) substitute—

(4) A youth default order— (a) may, in addition to any other requirement that it imposes, impose an electronic monitoring requirement (see sections 173 and 174 of the Sentencing Code), and (b) must do so where, in the case of a youth rehabilitation order, such a requirement would be required by paragraph 19(3) of Schedule 6 to the Sentencing Code.

(5) For subsection (6) substitute—

(6) The following provisions of the Sentencing Code have effect in relation to youth default orders as they have effect in relation to youth rehabilitation orders, but subject to the modifications contained in Schedule 7 to this Act— (a) sections 186(2), (10) and (11), 188, 190 to 192, 197, 198(3) to (5), 397(1), 400 and 403 to 405 (youth rehabilitation orders: responsible officer, interpretation and further provisions), (b) Parts 3, 5, 7 and 17 of Schedule 6 (youth rehabilitation orders: requirements), (c) Schedule 7 (breach, revocation or amendment of youth rehabilitation order), (d) Schedule 8 (transfer of youth rehabilitation orders to Northern Ireland), and (e) paragraph 9 of Schedule 23 (power to amend limits).

267

In section 46 of that Act, for subsection (2) substitute—

(2) In subsection (3A) (as amended by paragraph 89(3) of Schedule 24 to the Sentencing Act 2020) omit “in respect of an offence the sentence for which is fixed by law

268

In section 80(5) of that Act—

(a) in paragraph (b), for “(within the meaning of section 130(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6))” substitute “ made under section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code (compensation orders) ”;

(b) in paragraph (c), at the end insert “ or section 42 of the Sentencing Code ”;

(e) any sum payable under an order made under section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 or section 380(1) of the Sentencing Code;

269

In section 117(1) of that Act, in paragraph (a) of the definition of “custodial sentence”—

(a) for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 222(1) of the Sentencing Code ”;

(b) for “any earlier enactment” substitute “ any enactment passed before that section came into force ”.

270

(1) Schedule 7 to that Act is amended as follows.

(2) In paragraph 2—

(a) omit sub-paragraph (1);

(b) in sub-paragraph (2), for “Sub-paragraph (2) has effect as if for paragraphs (a) and (b)” substitute “ In its application to a youth default order, paragraph 10 (unpaid work requirement) of Schedule 6 to the Sentencing Code has effect as if for paragraphs (a) and (b) of sub-paragraph (3) ”;

(3) In its application to a youth default order, subsection (3) of section 198 of the Sentencing Code (when a youth rehabilitation order is in force) has effect subject to section 39(7)(a) of the Criminal Justice and Immigration Act 2008.

(3) In paragraph 3—

(a) in sub-paragraph (1), for “paragraph 12 of Schedule 1” substitute “ paragraph 14 of Schedule 6 to the Sentencing Code ”;

(b) in sub-paragraph (2)—

(i) for “Sub-paragraph (2)” substitute “ Sub-paragraph (3) ”;

(ii) in paragraphs (a), (b) and (c) omit “must be,”.

(4) In paragraph 4—

(a) in sub-paragraph (1), for “paragraph 14 of Schedule 1” substitute “ paragraph 18 of Schedule 6 to the Sentencing Code ”;

(b) in sub-paragraph (2)—

(i) for “sub-paragraph (2)” substitute “ sub-paragraph (4) ”;

(ii) for “(2A)” substitute “ (4A) ”.

(5) In paragraph 5—

(a) in sub-paragraph (1), for “Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)” substitute “ Schedule 7 to the Sentencing Code (breach, revocation or amendment of youth rehabilitation order) ”;

(b) in sub-paragraph (4), for “Paragraph 2” substitute “ Paragraph 3 ”;

(5) The following provisions are omitted— (a) in paragraph 6— (i) sub-paragraph (5)(a), (ii) the words “add or” in sub-paragraph (5)(b), and (iii) sub-paragraph (11); (b) paragraph 9; (c) paragraph 11; (d) paragraph 12(8); (e) paragraph 21(6); (f) paragraph 23(2)(b).

(6) In paragraph 7—

(a) in sub-paragraph (1), for “Schedule 3” substitute “ Schedule 8 to the Sentencing Code (transfer of youth rehabilitation orders to Northern Ireland) ”;

(b) in sub-paragraph (2)—

(i) for “Paragraph 9” substitute “ Paragraph 15 ”;

(ii) after “section 39(7)” insert “ of the Criminal Justice and Immigration Act 2008 ”;

(iii) for “paragraphs 1 or 2” substitute “ Part 1 of this Schedule ”;

(3) Paragraph 16 has effect as if after sub-paragraph (5) there were inserted— (5A) The home court may not impose a fine on the offender.

Education and Skills Act 2008 (c. 25)

271

In section 55(1) of the Education and Skills Act 2008, in paragraph (b) of the definition of “the relevant sum”, for “section 161A of the Criminal Justice Act 2003 (c. 44)” substitute “ section 42 of the Sentencing Code ”.

272

In section 56(7)(b)(ii) of that Act, for “section 137(1) or (1A) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 380(1) of the Sentencing Code ”.

Counter-Terrorism Act 2008 (c. 28)

273

(1) Section 30 of the Counter-Terrorism Act 2008 is amended as follows.

(2) In the heading omit “England and Wales and”.

(3) In subsection (1), for “in England and Wales, or in Northern Ireland,” substitute “ in Northern Ireland ”.

274

(1) Section 42 of that Act is amended as follows.

(2) In subsection (1)—

(a) before paragraph (a) insert—

(za) an offence as to which a court has determined under section 69 of the Sentencing Code (sentences for offences with a terrorist connection: England and Wales) that the offence has a terrorist connection,

(b) in paragraph (a) omit “England and Wales and”.

(3) In subsection (2), for “(1)(a)” substitute “ (1)(za) or (a) ”.

(4) In subsection (4)—

(a) after “Schedule 2,” insert “ or regulations are made under paragraph 1 of Schedule 23 to the Sentencing Act 2020 removing an offence from the list in Schedule 1 to the Sentencing Code, ”;

(b) after “comes” insert “ , or the regulations come, ”.

275

In section 45(1)(a) of that Act—

(a) in sub-paragraph (iv), after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 250 of the Sentencing Code ”;

(b) in sub-paragraph (v), for “of that Act” substitute “ of the Powers of Criminal Courts (Sentencing) Act 2000 or under Chapter 2 of Part 10 of the Sentencing Code ”;

276

In Schedule 6 to that Act—

(a) in paragraph 2(1), for “section 32” substitute “ section 69 of the Sentencing Code (as applied by section 238(6) of the Armed Forces Act 2006) ”;

(b) in paragraph 5(1)(a)(via), after “section 226B of that Act” insert “ or section 254 of the Sentencing Code ”.

Coroners and Justice Act 2009 (c. 25)

277

In section 120(3)(a) of the Coroners and Justice Act 2009, for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”.

278

In section 121(7) of that Act—

(a) in paragraph (a), for “section 144 of the Criminal Justice Act 2003 (c. 44)” substitute “ section 73 of the Sentencing Code ”;

(b) in paragraph (b), for “sections 73 and 74 of the Serious Organised Crime and Police Act 2005” substitute “ sections 74, 387 and 388 of the Sentencing Code ”.

279

In section 131(5) of that Act—

(a) in paragraph (a), for “the meaning of section 177 of the Criminal Justice Act 2003 (c. 44)” substitute “ the meaning given by section 200 of the Sentencing Code ”;

(b) in paragraph (b), for “the meaning of section 189(7) of that Act” substitute “ the meaning given by section 286 of that Code ”;

(c) in paragraph (c), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (c. 4)” substitute “ the meaning given by section 173 of that Code ”.

280

In section 136 of that Act, in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 248(1) of the Sentencing Code ”.

281

In section 158(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” substitute “ section 82(2) of the Sentencing Code ”.

282

In section 164(3)(d) of that Act, after “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 4 of Part 7 of the Sentencing Code ”.

Localism Act 2011 (c. 20)

283

In Schedule 14 to the Localism Act 2011, in paragraph 6(4), for paragraph (g) substitute—

(g) a criminal behaviour order within the meaning given by section 330 of the Sentencing Code;

Terrorism Prevention and Investigation Measures Act 2011 (c. 23)

284

In section 23(5)(a) of the Terrorism Prevention and Investigation Measures Act 2011, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

285

In section 94(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012—

(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 ”.

286

In section 99(10) of that Act, for “section 76(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 222(1) of the Sentencing Code ”.

287

In section 102(2)(d) of that Act, for “order under section 107(1)(e) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ regulations under section 248(1)(f) of the Sentencing Code ”.

288

(1) Section 128(6) of that Act is amended as follows.

(2) In the definition of “extended sentence prisoner”, after “under section 226A or 226B of the Criminal Justice Act 2003” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(3) In the definition of “section 236A prisoner”, after “under section 236A of the Criminal Justice Act 2003” insert “ or section 265 or 278 of the Sentencing Code ”.

289

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

(2) In Part 1, in paragraph 1(1), at the end of paragraph (e) insert “ or section 366 or 369 of the Sentencing Code ”.

(3) In Part 3, in paragraphs 6(a) and 8(c), for “section 5 or” substitute “ section 360 of the Sentencing Code or section ”.

290

In section 4(12) of the Prevention of Social Housing Fraud Act 2013—

(a) for “Sections 131 to 133 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141 to 143 of the Sentencing Code ”;

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

(c) section 143(3)(a) and (b) were omitted, and (d) the reference in section 143(5)(b)(ii) to an unlawful profit order under section 4 were to a compensation order under Chapter 2 of Part 7 of the Sentencing Code.

Counter-Terrorism and Security Act 2015 (c. 6)

291

In section 10(6)(a) of the Counter-Terrorism and Security Act 2015, for “section 12(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

292

In section 44(2) of that Act, at the end insert—

(e) section 69 of the Sentencing Code (including as it is applied by section 238(6) of the Armed Forces Act 2006), and Schedule 1 to that Code (terrorist connection).

Modern Slavery Act 2015 (c. 30)

293

(1) Section 10 of the Modern Slavery Act 2015 is amended as follows.

(2) In subsection (1), for “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 2 of Part 7 of the Sentencing Code ”.

(3) In subsection (3)—

(a) for “Sections 132 to 134 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Sections 141, 143 and 144 of the Sentencing Code ”;

(b) for paragraph (d) substitute—

(d) the reference in section 143(5)(b)(iii) to a slavery and trafficking reparation order under section 8 above were to a compensation order under Chapter 2 of Part 7 of the Sentencing Code.

294

In section 34(3)(a) of that Act, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82(2) of the Sentencing Code ”.

Psychoactive Substances Act 2016 (c. 2)

295

(1) Section 6 of the Psychoactive Substances Act 2016 is amended as follows.

(2) In subsection (1)—

(a) for “This section applies” substitute “ Subsections (2) to (10) apply ”;

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

(3) After subsection (10) insert—

(11) For the requirement for a court in England and Wales considering the seriousness of an offence under section 5 to treat certain matters as aggravating factors, see section 72 of the Sentencing Code.

296

In section 32(6)(a) of that Act, for paragraph (a) substitute—

(a) sections 79, 80 and 82 of the Sentencing Code,

Data Protection Act 2018 (c. 12)

297

In Schedule 18 to the Data Protection Act 2018, in paragraph 4(3)(a), after sub-paragraph (i) insert—

(ia) section 260 of the Sentencing Code,

Stalking Protection Act 2019 (c. 9)

298

In section 8(4) of the Stalking Protection Act 2019, for “subsection (1)(b) of section 12 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 80 of the Sentencing Code ”.

Offensive Weapons Act 2019 (c. 17)

299

In section 8(9) of the Offensive Weapons Act 2019, for “paragraph 180 of Schedule 7 to the Criminal Justice and Court Services Act 2000” substitute “ paragraph 40 of Schedule 22 to the Sentencing Act 2020 ”.

300

In section 23(10) of that Act, for “2003” substitute “ 2000 or section 222 of the Sentencing Code ”.

Coronavirus Act 2020 (c. 7)

301

(1) Schedule 23 to the Coronavirus Act 2020 is amended as follows.

(2) In paragraph 2(3)(i), after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.

(3) In paragraph 8, in paragraph 2(9) of the Schedule 3A treated as inserted into the Criminal Justice Act 2003, after “section 155 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 385 of the Sentencing Code ”.

302

In Schedule 24 to that Act, after paragraph 13 insert—

(14) The Sentencing Code has effect as if section 391 were omitted.

PART 2 — Acts of Senedd Cymru

303

(1) Section 77 of the Social Services and Well-being (Wales) Act 2014 is amended as follows.

(2) In subsection (2)(c) of the English language text—

(a) in sub-paragraph (i), 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) In subsection (2)(c) of the Welsh language text—

(a) in sub-paragraph (i), for “paragraff 4 o Atodlen 1 neu baragraff 6 o Atodlen 8 i Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “paragraff 5 o Atodlen 4 neu baragraff 7 o Atodlen 5 i'r Cod Dedfrydu”;

(b) in sub-paragraph (ii), for “paragraff 21 o Atodlen 2 i Ddeddf Cyfiawnder Troseddol a Mewnfudo 2008” substitute “paragraff 25 o Atodlen 7 i'r Cod hwnnw”.

(4) For subsection (3) of the English language text substitute—

(3) In subsection (2)— - “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.

(5) For subsection (3) of the Welsh language text substitute—

(3) Yn is-adran (2)— - mae i “gofyniad preswylio awdurdod lleol” (“local authority residence requirement”) yr ystyr a roddir gan baragraff 24 o Atodlen 6 i'r Cod Dedfrydu; - mae i “gorchymyn adsefydlu ieuenctid” (“youth rehabilitation order”) yr ystyr a roddir gan adran 173 o'r Cod hwnnw; - mae i “gorchymyn adsefydlu ieuenctid â maethu” (“youth rehabilitation order with fostering”) yr ystyr a roddir gan adran 176 o'r Cod hwnnw.”

304

(1) In section 188(1) of the English language text of that Act, in paragraph (e) 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 ”.

(2) In section 188(1) of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “drwy orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.

305

(1) In section 194(6)(c) of the English language text of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

(2) In section 194(6)(c) of the Welsh language text of that Act, for “o dan Ran 1 o Ddeddf Cyfiawnder a Mewnfudo 2008” substitute “ym Mhennod 1 o Ran 9 o'r Cod Dedfrydu”.

306

(1) In Schedule 1 to the English language text of that Act, in paragraph 1(8), for paragraph (c) substitute—

(c) section 260 of the Sentencing Code.

(2) In Schedule 1 to the Welsh language text of that Act, in paragraph 1(8), for paragraph (c) substitute—

(c) adran 260 o'r Cod Dedfrydu.

Housing (Wales) Act 2014 (anaw 7)

307

(1) In section 70(1)(j)(i) of the English language text of the Housing (Wales) Act 2014, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.

(2) In section 70(1)(j)(i) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” insert “neu adran 222 o'r Cod Dedfrydu”.

308

(1) In section 99 of the English language text of that Act, in paragraph (e) 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 ”.

(2) In section 99 of the Welsh language text of that Act, in paragraph (e) of the definition of “llety cadw ieuenctid” (“youth detention accommodation”), for “gan orchymyn o dan adran 107(1)(e) o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000” substitute “drwy reoliadau o dan adran 248(1)(f) o'r Cod Dedfrydu”.

309

(1) In section 120(6) of the English language text of the Regulation and Inspection of Social Care (Wales) Act 2016, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or section 222 of the Sentencing Code ”.

(2) In section 120(6) of the Welsh language text of that Act, after “adran 76 o Ddeddf Pwerau Llysoedd Troseddol (Dedfrydu) 2000 (p.6)” insert “neu adran 222 o'r Cod Dedfrydu”.

PART 3 — Acts of the Scottish Parliament

Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12)

310

In section 34(2)(b)(i) of the Human Trafficking and Exploitation (Scotland) Act 2015, for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22)

311

In section 37(5) of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016, at the end of paragraph (a) insert “ or Chapter 2 of Part 11 of the Sentencing Code ”.

Management of Offenders (Scotland) Act 2019 (asp 14)

312

If section 18 of the Management of Offenders (Scotland) Act 2019 does not come into force on or before 1 December 2020, subsection (2)(b) of that section is amended as follows—

(a) in sub-paragraph (i), for “third” substitute “ fourth ”;

(b) in sub-paragraph (iii), after “2000” insert “ or section 250 of that Code ”.

PART 4 — Northern Ireland legislation

Rehabilitation of Offenders (Northern Ireland) Order 1978 (S.I. 1978/1908 (N.I. 27))

313

In Article 6(1)(g)(iii) of the Rehabilitation of Offenders (Northern Ireland) Order 1978, at the end insert “ or section 254, 266 or 279 of the Sentencing Code ”.

Recovery of Health Services Charges (Northern Ireland) Order 2006 (S.I. 2006/1944 (N.I. 13))

314

In Schedule 1 to the Recovery of Health Services Charges (Northern Ireland) Order 2006, in paragraph 1(b), after “section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 (c. 6)” insert “ or Chapter 2 of Part 7 of the Sentencing Code ”.

Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.))

315

In Schedule 3 to the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015, in paragraph 23(3)(b), for “section 14(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

PART 5 — Secondary legislation

Costs in Criminal Cases (General) Regulations 1986 (S.I. 1986/1335)

316

(1) Regulation 14 of the Costs in Criminal Cases (General) Regulations 1986 is amended as follows.

(2) In paragraph (1)(a), for “section 42 of the Powers of Criminal Courts Act 1973” substitute “ section 21 of the Sentencing Code as it applies by virtue of subsection (1)(a) or (c) of that section ”.

(3) Omit paragraph (3)(a)(i) to (iv), (vi) and (vii).

(4) Omit paragraph (3)(b)(i) and (ii).

(5) After sub-paragraph (b) of paragraph (3) insert—

(c) under any of the following provisions of the Sentencing Code— (i) Schedule 2 (commission of further offence by person conditionally discharged); (ii) paragraph 7 of Schedule 4 (power of court on referral back from panel); (iii) Part 1 of Schedule 5 (breach of reparation order); (iv) Part 2 of Schedule 10 (breach of requirement of community order); (v) Part 2 of Schedule 16 (breach of community requirement of suspended sentence order or conviction of further offence).

Children (Secure Accommodation) Regulations 1991 (S.I. 1991/1505)

317

In regulation 5(1) of the Children (Secure Accommodation) Regulations 1991, after “section 90 or 91 of the Powers of the Criminal Courts (Sentencing) Act 2000” insert or “ section 250 or 259 of the Sentencing Code ”.

Jobseeker's Allowance Regulations 1996 (S.I. 1996/207)

318

In regulation 13(3A)(a) of the Jobseeker's Allowance Regulations 1996, after “(“the 2003 Act”)” insert “ or Chapter 4 of Part 11 of the Sentencing Code ”.

Police (Property) Regulations 1997 (S.I. 1997/1908)

319

In regulation 5(1) of the Police (Property) Regulations 1997, for “section 143 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 153 of the Sentencing Code ”.

320

In regulation 7(3) of those Regulations, for “section 145 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 159 of the Sentencing Code ”.

Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997 (S.I. 1997/2588)

321

In article 3(b) of the Merchant Shipping (Oil Pollution) (South Georgia and the South Sandwich Islands) Order 1997, for “section 37(2) of the Criminal Justice Act 1982” substitute “ section 122(1) of the Sentencing Code ”.

Prison Rules 1999 (S.I. 1999/728)

322

In rule 57(2) of the Prison Rules 1999, after “section 99 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 276 of the Sentencing Code ”.

Youth Justice Board for England and Wales Order 2000 (S.I. 2000/1160)

323

In article 2 of the Youth Justice Board for England and Wales Order 2000 omit “ “the 2000 Act” means the Powers of Criminal Courts (Sentencing) Act 2000;”.

324

(1) Article 4(2) of that Order is amended as follows.

(2) In paragraph (a), for “section 90 or 91 of the 2000 Act” substitute “ section 250 or 259 of the Sentencing Code ”.

(3) In paragraph (m)(i), for “section 102(1) of the 2000 Act” substitute “ section 241(1) of the Sentencing Code ”.

(4) In paragraph (m)(ii)—

(a) for “section 92(1) of the 2000 Act” substitute “ section 260(1) of the Sentencing Code ”;

(b) for “section 90 or 91 of that Act” substitute “ section 250 or 259 of that Code ”.

(5) In paragraph (n)(i), for “section 103(3) of the 2000 Act” substitute “ section 242(3) of the Sentencing Code ”.

(6) In paragraph (n)(ii), for “section 103(6) of that Act” substitute “ section 242(4) of that Code ”.

(7) In paragraph (n)(iii), for “section 104(3)(a) of that Act” substitute “ paragraph 3(8)(b) of Schedule 12 to that Code ”.

(8) In paragraph (n)(iv), for “section 105(2) of that Act” substitute “ paragraph 7(5) of that Schedule ”.

Magistrates' Courts Warrants (Specification of Provisions) Order 2000 (S.I. 2000/3278)

325

In Article 2 of the Magistrates' Courts Warrants (Specification of Provisions) Order 2000, after paragraph (g) insert—

(ga) in the Sentencing Code— (i) sections 6(4) and 93(4)(b); (ii) paragraph 3(2)(b) of Schedule 4; (iii) paragraph 6(3) of Schedule 5; (iv) paragraphs 5(2)(b), 12(4)(b), 13(3)(b), 17(2), 18(2)(b), 19(3)(b), 21(4), 22(7) and 23(4) of Schedule 7; (v) paragraphs 8(2)(b) and (4), 9(2)(b) and (4), 14(4), 18(5), 20(2), 21(4), 23(4), 24(4) and 25(4) of Schedule 10; (vi) paragraph 2(2)(b) of Schedule 12; (vii) paragraphs 8(2)(b) and 25(6) of Schedule 16;

Young Offender Institution Rules 2000 (S.I. 2000/3371)

326

In rule 5(7)(a) of the Young Offender Institution Rules 2000, after “the 2003 Act” insert “ or by virtue of section 233 of the Sentencing Code ”.

327

In rule 5A(2)(b)(iii) of those rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.

328

In rule 60(1)(f) of those Rules, after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code ”.

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)

329

In regulation 31I(3)(c) of the Representation of the People (England and Wales) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.

Representation of the People (Scotland) Regulations 2001 (S.I. 2001/497)

330

In regulation 31I(3)(c) of the Representation of the People (Scotland) Regulations 2001, after “section 5(1) of the Protection from Harassment Act 1997” insert “ or section 360 of the Sentencing Code ”.

Child Tax Credit Regulations 2002 (S.I. 2002/2007)

331

In regulation 2(1) of the Child Tax Credit Regulations 2002, in paragraph (a) of the definition of “custodial sentence”, after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”.

Homelessness (Priority Need for Accommodation) (England) Order 2002 (S.I. 2002/2051)

332

In article 5(3) of the Homelessness (Priority Need for Accommodation) (England) Order 2002—

(a) in paragraph (a), after “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 222 of the Sentencing Code ”;

(b) in paragraph (c), for “that Act” substitute “ the Powers of Criminal Courts (Sentencing) Act 2000 ”.

Proceeds of Crime Act 2002 (Exemptions from Civil Recovery) Order 2003 (S.I. 2003/336)

333

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