Sentencing (Pre-consolidation Amendments) Act 2020

131 (1) In the Serious Organised Crime and Police Act 2005, sections 73 to 75, so far as they extend to England and Wales, have effect with the following modifications.

(2) Section 73 (assistance by defendant: reduction in sentence) has effect as if—

(a) after subsection (5), there were inserted—

“(5A) In relation to England and Wales subsection (5) has effect as if for paragraphs (a) and (b) and the words “enactment which—” immediately before them there were substituted “of the following enactments—

(a) section 1(2B) or 1A(5) of the Prevention of Crime Act 1953 (minimum sentence for certain offences involving offensive weapons),

(b) section 51A(2) of the Firearms Act 1968 (minimum sentence for certain firearms offences),

(c) section 139(6B), 139A(5B) or 139AA(7) of the Criminal Justice Act 1988 (minimum sentence for certain offences involving article with blade or point or offensive weapon),

(d) section 110(2) or 111(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (minimum sentence for certain drug trafficking and burglary offences),

(e) section 29(4) or (6) of the Violent Crime Reduction Act 2006 (minimum sentence in certain cases of using someone to mind a weapon),

(f) section 8(2) of the Offensive Weapons Act 2019 (minimum sentence in certain cases of possession of a corrosive substance), or

(g) section 269 of and Schedule 21 to the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence),”.”;

(b) after subsection (6), there were inserted—

“(6A) In relation to England and Wales subsection (6) has effect as if for the opening words there were substituted “Nothing in this section is to be taken to prevent the court from taking account of any matter not mentioned in this section for the purposes of determining—”.”;

(c) in subsection (7), for “174(1)(a)” there were substituted “174(2)”;

(d) after subsection (8), there were inserted—

“(8A) In relation to England and Wales subsection (8) has effect as if for paragraph (a) there were substituted—

“(a) sentence” has the same meaning as in Chapter 1 of Part 12 of the Criminal Justice Act 2003 (see section 142(3) of that Act);”.”

(3) Section 74 (assistance by defendant: review of sentence) has effect as if, at the end, there were inserted—

“(16) In its application in relation to England and Wales this section has effect as if—

(a) in subsection (2)(b), for “having offered in pursuance of a written agreement to give assistance” there were substituted “having given or offered to give assistance in pursuance of a written agreement”;

(b) in subsection (10) there were inserted at the end “(including a sentence passed in pursuance of section 73 which has been substituted under subsection (5) above but is less than the sentence which the court would have passed but for the agreement to give assistance)”;

(c) in subsection (14), for “Section 174(1)(c)” there were substituted “Section 174(2)”, the words after “applies” were paragraph (a) of that subsection and, at the end, there were inserted—

“(b) to a sentence substituted under subsection (6) above, but subject to section 73(7) above as applied by subsection (15) below.”.”

(4) Section 75 (proceedings under section 74: exclusion of public), has effect as if, at the end, there were inserted—

“(6) In its application in relation to England and Wales this section has effect as if—

(a) in subsection (2)(b), for “to give such directions as it thinks appropriate prohibiting” there were substituted “to prohibit”, and

(b) in subsection (3), for “to the extent that” there were substituted if”.”