Sentencing Act 2020

(2) If— (a) the court imposes a sentence of detention in a young offender institution for the offence, and (b) the offender is aged under 21 when convicted of the offence, subsections (2) and (3) of section 265 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence. (2A) If— (a) the court imposes a sentence of imprisonment for the offence, and (b) the offender is aged 21 or over when convicted of the offence, subsections (2) and (3) of section 278 of the Sentencing Code (term of special sentence) apply in relation to the term of the sentence.

• (4) In subsection (3), for “and (2)” substitute “ , (2) and (2A) ”.

• (5) For subsection (4) substitute—

(4) In Schedule 13 to the Sentencing Code, as applied by subsection (1)(b), the reference in paragraph 10 to section 69 of that Code is to be read as a reference to that section as applied by section 238(6) of this Act.

46

In section 225 (third drug trafficking offence)—

• (a) in subsection (1)(b), for “section 110 of the Sentencing Act” substitute “ section 313 of the Sentencing Code ”;

• (b) in subsection (2), for “section 110(2) of that Act” substitute “ section 313(2) of that Code ”.

47

In section 226 (third domestic burglary)—

• (a) in subsection (1)(b), for “section 111 of the Sentencing Act” substitute “ section 314 of the Sentencing Code ”;

• (b) in subsection (2), for “section 111(2) of that Act” substitute “ section 314(2) of that Code ”.

48

• (1) Section 227 (firearms offences) is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (a) (but before the “and”) insert—

(aa) the corresponding offence under the law of England and Wales is an offence listed in any of paragraphs 1 to 4 of Schedule 20 to the Sentencing Code;

• (b) in paragraph (b), for “the corresponding offence under the law of England and Wales, section 51A of the Firearms Act 1968 (c.27)” substitute “ that corresponding offence, section 311 of the Sentencing Code ”.

• (3) In subsection (2), for “section 51A(2) of that Act” substitute “ section 311(2) of the Sentencing Code ”.

• (4) In subsection (3)—

• (a) for “section 51A(4)(a)(ii) of that Act (interpretation of section 51A(2))” substitute “ section 311(3)(a) of that Code ”;

• (b) for “section 91 of the Sentencing Act” substitute “ section 250 of that Code ”.

49

• (1) Section 227A (offences of threatening with a weapon on public or on school premises) is amended as follows.

• (2) After subsection (1), insert—

(1A) Where the offender is aged under 21 at the time of conviction, the court must impose a sentence of detention in a young offender institution for a term of at least 6 months unless the court is of the opinion that there are particular circumstances which— (a) relate to the offence or to the offender, and (b) would make it unjust to do so in all the circumstances.

• (3) In subsection (2), at the beginning insert “ Where the offender is aged 21 or over at the time of conviction, ”.

• (4) Omit subsection (3).

50

• (1) Section 228 (appeals where previous convictions set aside) is amended as follows.

• (2) In subsection (1B)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.

• (3) In subsection (1D)(a), for “section 226A of the 2003 Act (as applied by section 219A of this Act)” substitute “ section 266 or 279 of the Sentencing Code (extended sentence for certain violent, sexual or terrorism offenders aged 18 or over) as applied by section 219A of this Act ”.

• (4) In subsection (3A)(a), for “section 224A of the 2003 Act (as applied by section 218A of this Act)” substitute “ section 273(3) or 283(3) of the Sentencing Code (life sentence for second listed offence) as applied by section 218A of this Act ”.

PART 6 — Amendments to Part 9: sentencing: principles and procedures

51

Part 9 of the Armed Forces Act 2006 is amended as follows.

52

In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—

• (a) for paragraph (b) substitute—

(b) an offence the sentence for which falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence); (ba) an offence the sentence for which falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over); (bb) an offence the sentence for which falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18); (bc) an offence the sentence for which falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence); (bd) an offence the sentence for which falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary); (be) an offence the sentence for which falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences);

• (b) in paragraph (c), for “227A(2)” substitute “ 227A(1A) or (2) (threatening with a weapon in public or on school premises) ”.

53

In section 238 (deciding the seriousness of an offence), at the end insert—

(6) In section 69 of the Sentencing Code (seriousness of offence with terrorist connection)— (a) the references to a court are to be read as including a court dealing with an offender for an offence under section 42, and (b) the reference in subsection (1) to an offence specified in Schedule 1 to that Code is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence specified in Schedule 1.

54

In section 239 (reduction in sentences for guilty pleas)—

• (a) in subsection (4), for “110(2) or 111(2) of the Sentencing Act” substitute “ 313(2) or 314(2) of the Sentencing Code ”;

• (b) in subsection (5), for “110(2) or 111(2) of that Act” substitute “ 313(2) or 314(2) of that Code ” in both places it occurs;

• (c) in subsection (6), for “227A(2)” substitute “ 227A(1A) or (2) ” in both places it occurs.

55

In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6), after paragraph (b) (but before the “and”) insert—

(ba) an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act,

56

In section 247 (crediting of time in service custody: supplementary), in subsection (7), for “any sentence within paragraph (a), (b) or (c)” substitute “ a sentence within any of paragraphs (a) to (c) ”.

57

In section 257 (pre-sentence reports: supplementary)—

• (a) in subsection (1), for “section 158(1) of the 2003 Act” substitute “ section 31(1) of the Sentencing Code ”;

• (b) in subsection (2)—

• (i) for “section 158(1) of that Act” substitute “ section 31(1) of that Code ”, and

• (ii) for “section 158(2) of that Act” substitute “ section 31(2) of that Code ”;

• (c) in subsection (4)—

• (i) for “Section 159(1) to (3) and (5) of the 2003 Act” substitute “ Section 32(1) to (4) and (6) of the Sentencing Code ”, and

• (ii) for “section 156 of that Act” substitute “ section 30 of that Code ”.

58

In section 260 (discretionary custodial sentences: general restrictions)—

• (a) in subsection (1), for paragraph (b) (and the “or” preceding it) substitute—

(b) falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence); (c) falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over); (d) falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18); (e) falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence); (f) falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary); (g) falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or (h) falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises).

• (b) in subsection (4B), for the words from “section 226A(6)” to the end substitute

— (a) section 268(2) or 281(2) of the Sentencing Code, as applied by section 219A of this Act (extended sentences for offenders aged 18 or over), or (b) section 256(2) of the Sentencing Code, as applied by section 221A of this Act (extended sentences for offenders aged under 18).

59

In section 261 (length of discretionary custodial sentences: general provision), in subsection (1), for the words from “section 224A” to the end substitute

— (a) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence), (b) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or (c) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18).

60

After section 261, insert—

(261A) (1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial. (2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial— (a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”; (b) subsection (4) has effect as if, for “section 52(2)” there were substituted “ section 252(1)(a) of the Armed Forces Act 2006 ”. (3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial, subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “ section 246 of the Armed Forces Act 2006 ”. (4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted— “life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006— (a) a sentence of imprisonment for life, (b) a sentence of detention for life or during Her Majesty's pleasure, or (c) a sentence of custody for life;

61

In section 262 (power to recommend licence conditions), for “section 238(1) of the 2003 Act” substitute “ section 328 of the Sentencing Code ”.

62

After section 262, insert—

(262A) (1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence. (2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications. (3) In subsection (5)— (a) paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”; (b) the words following paragraph (b) have effect as if, after “279” there were inserted “ passed as a result of section 219A(7) of the Armed Forces Act 2006 ”. (4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted— (a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life)); (b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006; (c) a sentence of detention during Her Majesty's pleasure (see section 218 of the Armed Forces Act 2006); (d) a sentence of detention in a young offender institution; (e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006); (f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).

63

In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—

(a) pass a custodial sentence on an offender who is aged under 21 on conviction, or

64

In section 269A (fines: fixing of term of imprisonment for default), in subsection (2), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.

65

In section 269B (service compensation orders: power to set maximum term of imprisonment for default), in subsection (4), for “section 139(4) of the Sentencing Act” substitute “ section 129(4) of the Sentencing Code ”.

66

In section 270 (community punishments: general restrictions), in subsection (2A)—

• (a) for “section 177(2A) of the 2003 Act” substitute “ section 208(10) and (11) of the Sentencing Code ”;

• (b) for “section 178(3) and section 182(3A)” substitute “ section 178(2) and 182(3) ”.

67

In section 270A (exception to restrictions on community punishments), in subsection (6)—

• (a) in paragraph (b), for sub-paragraph (i) substitute—

(i) section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);

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

68

In section 271 (civilian courts dealing with service offences), in subsection (2)—

• (a) omit paragraph (a), and

• (b) in paragraph (b), omit “other”.

PART 7 — Miscellaneous further amendments

Amendment to Part 7 (trial by Court Martial)

69

In section 164(3), for “under 12 months” substitute “ two years or less ”.

Amendments to Part 10 (Court Martial decisions: appeal and review)

70

In section 273 (review of unduly lenient sentence by Court Martial Appeal Court)—

• (a) in subsection (6)(b), for the words from “section 224A” to the end substitute

— (i) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence); (ii) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over); (iii) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18); (iv) section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence); (v) section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary); (vi) section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or (vii) section 227A(1A) or (2) (threatening with a weapon in public or on school premises);

• (b) in subsection (7), for “an order specified in subsection (7A)” substitute “ a minimum term order under section 321 of the Sentencing Code ”;

• (c) omit subsection (7A).

Amendments to Part 11 (The Service Civilian Court)

71

• (1) Section 283 (imprisonment: maximum term) is amended as follows.

• (2) In subsection (1), for “12 months” substitute “ 6 months ”.

• (3) In subsection (2), for “65 weeks” substitute “ 12 months ”.

• (4) At the end insert—

(3) In this section, references to imprisonment include detention in a young offender institution.

72

In section 284 (fines and compensation: maximum amounts), in subsection (3), for “section 131(1) of the Sentencing Act” substitute “ section 139(2) of the Sentencing Code ”.

Amendments to Part 12 (service and effect of certain sentences)

73

In section 294 (rank or rate of WOs and NCOs while in custody pursuant to custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.

74

In section 302 (remission of certain sentences on passing of custodial sentence etc), in subsection (3)(b), for “section 104 of the Sentencing Act” substitute “ paragraph 3 of Schedule 12 to the Sentencing Code ”.

75

In section 304 (sentences passed by civilian courts), in subsection (1), for “a sentence of imprisonment” substitute “ any sentence ”.

Amendments to Part 13 (discipline: miscellaneous and supplementary)

76

In section 305 (random drug testing), in subsection (5), for “51 weeks” substitute “ six months ”.

77

In section 322 (financial penalty enforcement orders), in subsection (4), in the definition of “financial penalty”, in paragraph (a), for “paragraph 10(1)(aa) of Schedule 8 to the 2003 Act by virtue of section 184 and Part 2 of Schedule 5” substitute “ paragraph 11(2)(a) of Schedule 10 to the Sentencing Code by virtue of section 184 and Schedule 6A ”.

Amendments to Part 19 (supplementary)

78

• (1) Section 374 (definitions applying for purposes of whole Act) is amended as follows.

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

• (3) In the definition of “custodial sentence”—

• (a) in paragraph (b), for “(certain young offenders)” substitute “ , 221 or 221A (detention of offenders under 18) ”;

• (b) omit paragraph (ea);

• (c) after paragraph (f) insert—

(g) a sentence of detention in a young offender institution imposed under or as a result of this Act; (h) a sentence of custody for life imposed under or as a result of this Act;

• (4) In the definition of “suspended sentence of imprisonment”, for “section 189(1) of the 2003 Act” substitute “ section 286 of the Sentencing Code ”.

SCHEDULE 26 — Further amendments of the Armed Forces Act 2006

1

The Armed Forces Act 2006 is amended as follows.

2

In section 179(3) (review of service community order imposing drug rehabilitation requirement), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

• (a) omit “or detention in a young offender institution” (in both places where it occurs);

• (b) in paragraph (a) for “6 months” substitute “ 12 months ”.

3

In section 181(3) (breach, revocation or amendment of service community order), in the paragraph 5A treated as inserted into Schedule 10 to the Sentencing Code, in sub-paragraph (2)—

• (a) omit “or detention in a young offender institution”;

• (b) for “6 months” substitute “ 12 months ”.

4

In section 203(4) (review of suspended sentence order with community requirements), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

• (a) omit “or detention in a young offender institution” (in both places where it occurs);

• (b) in paragraph (a) for “6 months” substitute “ 12 months ”.

5

In paragraph 13 of Schedule 7 (suspended sentence orders: breach or amendment; effect of further conviction), in the sub-paragraph (8A) treated as inserted into paragraph 25 of Schedule 16 to the Sentencing Code—

• (a) omit “or detention in a young offender institution” (in both places where it occurs);

• (b) in paragraph (a) for “6 months” substitute “ 12 months ”.

6

In section 208 (prohibition on imposing imprisonment on people under a certain age)—

• (a) for “21” substitute “ 18 ”;

• (b) in the heading for “21” substitute “ 18 ”.

7

In section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period), in subsections (2)(a) and (6), for “21” substitute “ 18 ”.

8

Omit sections 210A and 210B.

9

In section 211 (offenders under 18: detention and training orders), in subsection (1)(a), for “21 or over” substitute “ 18 or over ”.

10

In section 212 (term of detention and training order: general), in subsections (1)(b) and (2)(c), for “21” substitute “ 18 ”.

11

In section 217 (mandatory life imprisonment), for subsections (2) to (4) substitute—

(2) The court must sentence the offender to imprisonment for life unless they are liable to be detained under section 218 (offences committed when offender aged under 18).

12

• (1) In section 218A (life sentence for second listed offence)—

• (a) omit subsection (1B);

• (b) in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

• (c) in subsection (3), in the opening words—

• (i) for “sections 273(3)(a) and 283(3)(a)” substitute “ section 283(3)(a) ”;

• (ii) for “subsections (1B) and (2)” substitute “ subsection (2) ”;

• (d) in subsection (4), omit “or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more,”;

• (da) in subsection (6), for “(12)” in each place substitute “(12A)”;

• (db) after that subsection insert—

(6A) In sections 273 and 283 of that Code as applied for the purpose of this section, subsection (12A) has effect as if— (a) for “index offence” there were substituted “offence under section 42”; (b) for “section 397(5)” there were substituted “section 377(8) of the Armed Forces Act 2006”.

• (dc) in subsection (6A) (as to be inserted by paragraph (db)), omit “section 273 and”;

• (e) in subsection (6), omit “section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or”;

• (f) in subsection (7), omit “273(3) or”.

• (2) In sub-paragraph (1)—

• (a) in paragraph (da), if it has not already come into force, omit “in each place”;

• (b) in paragraph (e), for “(12)” substitute “(12A)”.

13

In section 219 (life sentence for certain dangerous offenders aged 18 or over)—

• (a) omit subsection (1A);

• (b) in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

• (c) in subsection (3), for “sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))” substitute “ section 285(3) of the Sentencing Code (as applied by subsection (2)) ”;

• (d) in subsection (5), omit “section 274 or”.

14

In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—

• (a) in subsection (1), in paragraph (d), omit sub-paragraphs (i) and (iii);

• (aa) in subsection (2), for “Schedule 14 to the Sentencing Code” substitute “Part 1, 2, or 3 of Schedule 14 to the Sentencing Code”;

• (bb) after that subsection insert—

(2A) But if the proceedings for the offence under section 42 were instituted before IP completion day (see section 377(8)), Condition A is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3, or 3A of Schedule 14 to the Sentencing Code.

• (b) in subsection (3), omit “an extended sentence of detention in a young offender institution or”;

• (c) omit subsections (4) to (6);

• (d) in subsection (7), omit “Where the offender is 21 or over when convicted of the offence under section 42,”.

15

In section 224A (special custodial sentence for certain offenders of particular concern)—

• (a) in subsection (1)(d)—

• (i) in sub-paragraph (i), omit “or custody”;

• (ii) in sub-paragraph (ii), for “detention or imprisonment under section 266 or 279” substitute “ imprisonment under section 279 ”;

• (b) omit subsection (2);

• (c) in subsection (2A), omit paragraph (b) (and the word “and” preceding it);

• (d) in subsection (3), omit “, (2)”.

15A

In section 225 (third drug trafficking offence), after subsection (1) insert—

(1A) For this purpose, section 313 of that Code has effect as if the reference in subsection (3A) to section 397(5) of that Code were to section 377(8) of this Act.

15B

In section 226 (third domestic burglary), after subsection (1) insert—

(1A) For this purpose, section 314 of that Code has effect as if the reference in subsection (3A) to section 397(5) of that Code were to section 377(8) of this Act.

16

In section 227A (offences of threatening with a weapon in public or on school premises)—

• (a) omit subsection (1A);

• (b) in subsection (2), omit “Where the offender is aged 21 or over at the time of conviction,”.

17

In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—

• (a) in paragraph (b)—

• (i) omit “273(3) or”, and

• (ii) omit “(1B) or”;

• (b) in paragraph (ba)—

• (i) omit “274(3) or”, and

• (ii) omit “(1A) or”;

• (c) in paragraph (c), omit “(1A) or”.

18

In section 239 (reduction in sentences for guilty pleas), in subsection (6), omit “(1A) or” in both places it occurs.

19

In section 260 (discretionary custodial sentences: general restrictions)—

• (a) in subsection (1)—

• (i) in paragraph (b)—

• (a) omit “273(3) or”, and

• (b) omit “(1B) or”;

• (ii) in paragraph (c)—

• (a) omit “274(3) or”, and

• (b) omit “(1A) or”;

• (iii) in paragraph (h), omit “(1A) or”;

• (b) in subsection (4B), in paragraph (a), omit “268(2) or”.

20

In section 261 (length of discretionary custodial sentences: general provision), in subsection (1)—

• (a) in paragraph (a)—

• (i) omit “273(3) or”, and

• (ii) omit “(1B) or”;

• (b) in paragraph (b)—

• (i) omit “274(3) or”, and

• (ii) omit “(1A) or”.

21

In section 262A (conversion of sentence of detention to sentence of imprisonment), in subsection (4) omit the paragraphs (d), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.

22

In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—

(a) pass a sentence of detention under section 209 or 218 (young offenders' detention), or

23

In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—

• (a) in sub-paragraph (i)—

• (i) omit “273(3) or”, and

• (ii) omit “(1B) or”;

• (b) in sub-paragraph (ii)—

• (i) omit “274(3) or”, and

• (ii) omit “(1A) or”;

• (c) in sub-paragraph (vii), omit “(1A) or”.

24

In section 283 (imprisonment: maximum term)—

• (a) in subsection (1), for “6 months” substitute “ 12 months ”;

• (b) in subsection (2), for “12 months” substitute “ 65 weeks ”;

• (c) omit subsection (3).

25

In section 305 (random drug testing), in subsection (5), for “six months” substitute “ 51 weeks ”.

26

In section 377, at the end insert—

(8) A reference to the institution of proceedings in, or in a provision applied by, section 218A, 219A, 225 or 226 is to a charge being brought under Chapter 2 of Part 5.

SCHEDULE 27 — Transitional provisions and savings

PART 1 — Continuity of the law

Continuity of the law: general

1

The substitution of the Sentencing Code for the provisions repealed by this Act does not affect the continuity of the law.

Subordinate legislation etc

2

Any subordinate legislation, code of practice, guidance, accreditation, arrangement, notice or notification that—

• (a) is made, issued or given, or has effect as if made, issued or given, under a provision repealed by this Act, and

• (b) is in force or effective immediately before the commencement date,

has effect on and after that date, so far as it relates (by reason of paragraph 4 or an amendment made by this Act) to an offence of which the offender is convicted on or after that date, as if made, issued or given under the corresponding provision of the Sentencing Code.

References to provisions of the Sentencing Code

3

• (1) A reference (express or implied) to a provision of the Sentencing Code, if contained in—

• (a) a document, or

• (b) a statutory provision that is amended by a specified paragraph of Schedule 24 (see sub-paragraph (2)),

is to be read (so far as the context permits) as including, as respects times, circumstances or purposes in relation to which the corresponding provision repealed by this Act had effect, a reference to that corresponding provision.

• (2) The specified paragraphs of Schedule 24 are paragraphs 1, 2, 5, 15(4), 20 to 22, 24, 25, 31(3), 32(5)(a) to (e), 35, 60, 62, 65 to 67, 70(b), 72, 75, 77, 85, 88, 105(3), 108, 109, 111, 114(3), 115, 118 to 121, 128, 132 to 134, 141, 142, 149, 154, 155(2), (4)(a) and (6), 159, 161 to 163, 172(a), 177, 180, 194, 197, 200, 204, 211, 212, 216, 217, 219(3), 222, 243, 250, 259, 261, 262, 268, 279 to 281, 283, 285 to 287, 289(3), 303 to 306, 308, 310, 315, 319, 320, 324, 337, 343 to 345, 347 to 349, 358, 367, 371, 382 to 384, 385(3), 388, 389, 400, 402, 409, 412, 417, 421, 423, 426 and 428.

References to provisions repealed by this Act

4

A reference (express or implied) to a provision repealed by this Act, if contained in—

• (a) a document, or

• (b) a statutory provision that is not amended by this Act,

is to be read (so far as the context permits), as respects an offence of which the offender is convicted on or after the commencement date, as being or (according to the context) including a reference to the corresponding provision of the Sentencing Code.

Relationship with Interpretation Act 1978

5

Paragraphs 1 to 4 have effect instead of section 17(2) of the Interpretation Act 1978 (but do not affect the application of any other provision of that Act).

Interpretation

6

In this Part—

• “document” means any document whenever made, served or issued;

• “enactment” includes an enactment contained in subordinate legislation;

• “repeal” includes revoke (where the context permits);

• “statutory provision” means a provision of an enactment;

• “subordinate legislation” means orders, regulations or rules.

PART 2 — Referral orders

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• (1) This paragraph applies where—

• (a) a court makes a referral order in respect of an offence (the “Code offence”), and

• (b) the offender has been convicted before 1 December 2020 of another offence (the “pre-Code offence”) for which he or she is to be dealt with at the same time.

In this paragraph “referral order” has the meaning given by section 83(1).

• (2) In subsections (2) to (4) of section 89 (making of referral order: effect on court's other sentencing powers) a reference to an order under the Sentencing Code is to be read, in relation to the pre-Code offence, as a reference to the corresponding order applicable to that offence.

• (3) In subsections (3) to (5) of section 19 of the Powers of Criminal Courts (Sentencing) Act 2000 (making of orders under section 16 of that Act: effect on court's other sentencing powers) a reference to a way of dealing with the offender is to be read, in relation to the Code offence, as a reference to the corresponding way of dealing with the offender under the Sentencing Code.

• (4) If the court makes an order under section 16 of the Powers of Criminal Courts (Sentencing) Act 2000 (duty and power to refer certain young offenders to youth offender panels) in respect of the pre-Code offence—

• (a) the order is to be treated as if it were a referral order, and

• (b) accordingly, section 88 (making of referral order: connected offences) applies in relation to the order.

PART 3 — Youth rehabilitation orders

Requirements

8

In relation to an offence committed before 3 December 2012, paragraph 18 of Schedule 6 (youth rehabilitation orders: requirements) is to be read as if—

• (a) in sub-paragraph (4)(b), the reference to 16 hours were to 12 hours, and

• (b) in sub-paragraph (5), the reference to 12 months were to 6 months.

Restriction on imposing local authority residence or fostering requirement without legal representation

9

In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the references to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 in—

• (a) paragraph C of paragraph 25 of Schedule 6 (restrictions on including local authority residence requirement in youth rehabilitation order), or

• (b) paragraph D of paragraph 27 of that Schedule (restrictions on including fostering requirement in youth rehabilitation order),

include representation referred to in paragraph 19(2)(a) of Schedule 1 to the Criminal Justice and Immigration Act 2008 as it had effect immediately before 13 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).

Associated offences: offender convicted before and on or after commencement date

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• (1) This paragraph applies where—

• (a) a court imposes a youth rehabilitation order on an offender, and

• (b) at the same time the court imposes an order under section 1 of the Criminal Justice and Immigration Act 2008 (a “2008 Act order”), in respect of an offence of which the offender was convicted before 1 December 2020.

In this paragraph “youth rehabilitation order” has the meaning given by section 173.

• (2) In section 183—

• (a) a reference to a youth rehabilitation order includes a reference to a 2008 Act order;

• (b) a reference to a particular kind of youth rehabilitation order includes a reference to the corresponding kind of 2008 Act order;

• (c) a reference to a particular kind of requirement of a youth rehabilitation order includes a reference to the corresponding kind of requirement of a 2008 Act order.

PART 4 — Custodial sentences

Detention for breaching DTO supervision requirement

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• (1) Section 104B (interaction of orders under section 104(3)(a) with other orders) of the Powers of Criminal Courts (Sentencing) Act 2000 (“the 2000 Act”) (as it applies, despite its repeal by this Act, where a court is dealing with an offender in respect of an offence of which he or she was convicted before 1 December 2020) has effect as follows.

• (2) In subsection (1), a reference to a period of detention under section 104(3)(a) of the 2000 Act includes a reference to a period of detention under paragraph 3(2)(a) of Schedule 12 to the Sentencing Code.

• (3) In subsection (2)—

• (a) a reference to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code;

• (b) a reference to section 102(2), (3), (4) or (5) of the 2000 Act includes a reference to section 241(2), (3), (4) or (5) of the Sentencing Code.

Restriction on making community order etc and suspended sentence order

12

• (1) In section 203 (restriction on making community order and suspended sentence order)—

• (a) a reference to an offence in paragraph (b) or (c) includes a reference to an offence of which the offender was convicted before 1 December 2020;

• (b) in relation to such an offence, the reference to a suspended sentence order is to be read as a reference to an order under section 189(1) of the Criminal Justice Act 2003.

• (2) In section 181(6) (restriction on making youth rehabilitation order and suspended sentence order), the reference to a suspended sentence order includes a reference to an order under section 189(1) of the Criminal Justice Act 2003.

• (3) A court may not impose a community sentence, within the meaning given by section 147(1) of the Criminal Justice Act 2003, in respect of an offence if it makes a suspended sentence order in respect of—

• (a) any other offence of which the offender is convicted by or before it, or

• (b) any other offence for which it deals with the offender.

In this sub-paragraph “suspended sentence order” has the meaning given by section 286(1).

Making detention and training order where offender subject to other order

13

• (1) In section 237 (making detention and training order where offender subject to other order etc), the second reference in subsection (2) to a detention and training order includes a reference to a detention and training order under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000.

• (2) In section 101 of that Act (detention and training order: consecutive terms etc), the second reference in subsection (3) to a detention and training order includes a reference to a detention and training order under section 233 of the Sentencing Code.

...

14

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Special custodial sentences for offenders of particular concern

15

• (1) This paragraph applies where—

• (a) a court is dealing with an offender for two or more associated offences, within the meaning given by section 400,

• (b) the offences include one that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and

• (c) the offender was convicted of at least one of the offences before 1 December 2020 and convicted of at least one of them on or after that date.

• (2) Where the offender was convicted of the listed offence on or after 1 December 2020—

• (za) the reference in section 252A(1)(c)(i) and (1A)(c)(i) to a sentence of detention for life under section 250 includes a reference to a sentence of detention for life under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000;

• (zb) the reference in section 252A(1)(c)(ii) and (1A)(c)(ii) to an extended sentence of detention under section 254 includes a reference to an extended sentence of detention under section 226B of the Criminal Justice Act 2003;

• (a) the reference in section 265(1)(c)(i) to an extended sentence under section 266 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003;

• (b) the reference in section 265(1)(c)(ii) to a sentence of custody for life includes a reference to a sentence under section 94 of the Powers of Criminal Courts (Sentencing) Act 2000;

• (c) the reference in section 278(1)(c)(i) to an extended sentence under section 279 includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.

• (3) Where the offender was convicted of the listed offence before 1 December 2020, the reference in section 236A(1)(c)(ii) of the Criminal Justice Act 2003 (read with section 236A(5) of that Act) to an extended sentence under section 226A of that Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.

Special custodial sentences for offenders of particular concern: armed forces

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• (1) This paragraph applies where—

• (a) the Court Martial is dealing with an offender for two or more associated offences, within the meaning given by section 400,

• (b) the offences include one that corresponds to an offence that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and

• (c) the offender was convicted of at least one of the offences before 1 December 2020 and convicted of at least one of them on or after that date.

• (2) Where the offender was convicted of the listed offence on or after 1 December 2020, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.

• (3) Where the offender was convicted of the listed offence before 1 December 2020, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 226A of the 2003 Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.

Certificates

17

A certificate given in accordance with subsection (1), (1A), (2) or (2A) of section 113 of the Powers of Criminal Courts (Sentencing) Act 2000 (certificates of conviction) is evidence, for the purposes of section 313 or 314, of the facts certified by it.

18

A certificate by a court under section 232A of the Criminal Justice Act 2003 that a person was convicted in England and Wales of an offence listed in Schedule 15B to that Act is evidence, for the purposes of section 267, 273, 279 or 283, of the fact certified by it.

Restriction on imposing custodial sentence without legal representation

19

In relation to a pre-commencement case (within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534)), the reference in section 226(7) to representation under Part 1 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes representation referred to in section 83(3)(a) of the Powers of Criminal Courts (Sentencing) Act 2000 as it had effect immediately before 1 April 2013 (representation funded by the Legal Services Commission as part of the Criminal Defence Service).

PART 5 — Miscellaneous

Validity of provision deriving from secondary legislation

20

Any question as to the validity of paragraph 30 of Schedule 25, which derives from paragraphs 7 and 9 of Schedule 2 to the Armed Forces Act 2006 (Transitional Provisions etc) Order 2009 (S.I. 2009/1059), is to be determined as if that paragraph were contained in a statutory instrument made under the powers under which that order was made.

Powers to make consequential etc provision

21

On and after the commencement date, any power (however expressed) that was exercisable immediately before that date—

• (a) to make consequential, supplementary or incidental provision in relation to a provision that is restated in the Sentencing Code (a “restated provision”), or

• (b) to make transitional, transitory or saving provision in relation to a restated provision,

is exercisable instead in relation to the corresponding provision of the Code.

Exercise of powers in relation to pre-commencement offences

22

• (1) The following powers may, despite section 2, be exercised in relation to an offence of which the offender is convicted before the commencement date (a “pre-commencement offence”) as well as in relation to an offence of which the offender is convicted on or after that day—

• (a) the power in section 91(5) (to make regulations specifying requirements for persons appointed as members of a youth offender panel);

• (b) the power in section 194 (to make regulations about court reviews of youth rehabilitation orders);

• (c) the power in section 217 (to make regulations about court reviews of community orders);

• (d) the power in section 248(1)(f) (to make regulations specifying accommodation as “youth detention accommodation”);

• (e) the power in section 394 (to make rules relating to community orders and suspended sentence orders);

• (f) the power in section 395 (to issue a code of practice about the processing of data from electronic monitoring).

• (2) Anything done under a power referred to in a paragraph of sub-paragraph (1) in relation to a pre-commencement offence has effect as if done under the provision repealed by this Act that corresponds to the provision mentioned in that paragraph.

Exercise of powers to amend amounts

23

• (1) A reference in sub-paragraph (4) of paragraph 5 or 7 of Schedule 23 to regulations previously made under that paragraph includes a reference to an order previously made under the corresponding provision of section 143 of the Magistrates' Courts Act 1980.

• (2) Sub-paragraph (3) applies to regulations under paragraph 5, 6, 7, 10, 14 or 17 of Schedule 23 to amend an amount specified in a provision of the Sentencing Code so as to specify a different amount that, immediately before 1 December 2020, is specified in the corresponding provision repealed by this Act by virtue of an order made under a provision repealed by this Act.

• (3) The regulations are to be treated for the purposes of that paragraph of Schedule 23 as being made and coming into force on the dates on which the order was made and came into force.

Saving for list of offences applied for other purposes

24

The repeal by Schedule 28 of section 224 of the Criminal Justice Act 2003 does not affect Schedule 15 to that Act (certain specified offences) so far as it continues to apply for any purpose on and after the commencement date.

Enforcement of High Court and Court of Appeal fines

25

Anything done before the commencement date under a provision of sections 139 and 140 of the Powers of Criminal Courts (Sentencing) Act 2000 as they apply by virtue of subsection (3) of section 140 of the Senior Courts Act 1981 (enforcement of fines and forfeited recognizances) has effect on and after that date as if done under a provision of sections 130 to 132 of the Sentencing Code as they apply by virtue of that subsection.

Breach of restraining order made on acquittal

26

In relation to an offence under section 5A of the Protection from Harassment Act 1997 committed before 12 March 2015, the reference to a fine in paragraph (b) of subsection (2E) of that section (inserted by paragraph 144 of Schedule 24) is to be read as a reference to a fine not exceeding the statutory maximum.

Commencement and alteration of Crown Court sentence: legal aid

27

• (1) In paragraph (b) of the definition of “sentence” in sections 384(4) and 385(8), the reference to an order relating to a requirement to make a payment under regulations under section 23 or 24 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 includes, in relation to an old case, a reference to an order under section 17(2) of the Access to Justice Act 1999.

• (2) For this purpose “old case” means a pre-commencement case within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) (see regulation 2 of those regulations).

SCHEDULE 28 — Repeals and revocations

SCHEDULE 29 — Repeals and revocations for England and Wales

Editorial notes