Sentencing Act 2020

PART 6 EU Exit

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

(2) In subsection (4)—

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

(b) omit paragraph (b);

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

(3) Omit subsections (6) and (7).

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

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

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

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

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

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

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

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

(a) omit paragraph (b);

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

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

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

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

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

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

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

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

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

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

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

(2) In subsection (1)—

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

(b) in paragraph (d) omit “, or in any other member State,”.

(3) In subsection (3)—

(a) in paragraph (a)(ii) omit “in the case of a court in the United Kingdom”;

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

(4) In subsection (4) omit the definition of “corresponding drug trafficking offence”.

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

(2) In subsection (1)—

(a) in the definition of “civilian offence”—

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

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

(b) in the definition of “conviction”, in paragraph (b) omit “and a member State service offence”;

(c) omit the definition of “member State service offence”.

(3) In subsection (2), omit—

(a) “and (e)”;

(b) “and corresponding member State service offences”.

(4) In subsection (3), in paragraph (a), omit—

(a) “and (e)”;

(b) “or corresponding member State service offences”.

95 (1) In Schedule 14 (extended sentences: the earlier offence condition: offences), Part 3 is amended as follows.

(2) In paragraph 18—

(a) for “A civilian offence” substitute “An offence”;

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

(3) Omit paragraphs 19 and 20.

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

96 (1) Schedule 15 (life sentence for second offence: listed offences), Part 4 is amended as follows.

(2) In paragraph 20—

(a) for “A civilian offence” substitute “An offence”;

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

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

(3) Omit paragraphs 21 to 23.

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

97 Omit paragraphs 16 to 19 of this Schedule (which make amendments relating to offences in other member States).