Sentencing (Pre-consolidation Amendments) Act 2020

PART 7 Transitory amendments for offenders aged at least 18 but under 21

139 (1) The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643) is amended as follows.

(2) In article 3 (modifications for sentencing of offenders aged 18 but under 21)—

(a) in paragraph (4)(a) (modifications of section 225 of the Criminal Justice Act 2003), after “(2),” insert “—

(i) in each of paragraphs (a) and (b), at the end, insert “or custody for life”;

(ii) in the words after paragraph (b),”;

(b) in paragraph (8) (modifications of section 238 of the Criminal Justice Act 2003), at the end insert “and, at the end, insert “or detention””.

140 In relation to any time before the coming into force of section 61 of the Criminal Justice and Court Services Act 2000 (abolition of sentences of detention in a young offender institution, custody for life etc)—

(a) section 99 of the Powers of Criminal Courts (Sentencing) Act 2000 (conversion of sentences of detention to sentences of imprisonment) has effect as if, in subsection (5) (definition of “relevant sentence of detention”) as modified by article 3(6) of the Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643)—

(i) in paragraph (a), for “91” there were substituted “91, 93, 94”;

(ii) in paragraph (c), before “227” there were inserted “226A or”;

(b) that section has effect as if, in subsection (6) (application to armed forces)—

(i) after “226,” there were inserted “226A,”;

(ii) after “221,” there were inserted “219A,”;

(c) section 101(2A) of that Act (to be inserted by section 298 of the Criminal Justice Act 2003) is to have effect as if, for “18” there were substituted “21”;

(d) section 154 of the Criminal Justice Act 2003 (general limit on magistrates’ court’s power to impose imprisonment) has effect as if in subsections (1) and (2), after “imprisonment” there were inserted “or detention in a young offender institution”;

(e) section 165 of that Act (remission of fines) has effect as if in subsection (3), after “imprisonment” there were inserted “or detention under section 108 of the Powers of Criminal Courts (Sentencing) Act 2000”.

141 In relation to any time before the repeal by Part 7 of Schedule 37 to the Criminal Justice Act 2003 of section 78 of the Powers of Criminal Courts (Sentencing) Act 2000 comes into force, paragraph 177 of Schedule 7 to the Criminal Justice and Court Services Act 2000 (which amends that section) is to be treated as not having been repealed by virtue of paragraph 44(4)(t) of Schedule 1 to the Criminal Justice Act 2003 (Commencement No. 8 and Transitional and Saving Provisions) Order 2005 (S.I. 2005/950) (and, accordingly, as being capable of being brought into force under section 80(1) of the Criminal Justice and Court Services Act 2000).