Sentencing Act 2020

Powers of Criminal Courts (Sentencing) Act 2000 (c. 6) E+W

162 E+W In section 60(1)(b) of the Powers of Criminal Courts (Sentencing) Act 2000, for “section 89 below (restrictions on imprisonment of young offenders and defaulters)” substitute “ section 227 of the Sentencing Code (restriction on imposing imprisonment on persons under 21) ”.

Commencement Information

I1 Sch. 24 para. 162 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

163 E+W In section 108(1) of that Act, for “section 89(1) above” substitute “ section 227(2) of the Sentencing Code ”.

Commencement Information

I2 Sch. 24 para. 163 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

164 E+W In the italic heading before section 139 of that Act, for “fines” substitute “ recognizances ”.

Commencement Information

I3 Sch. 24 para. 164 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

165 (1) Section 139 of that Act is amended as follows. E+W

(2) In the heading omit “fines and”.

(3) In subsection (1)—

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

(b) in paragraph (a) omit “the amount of the fine or”;

(c) in paragraph (c) omit “in the case of a recognizance,”.

(4) In subsection (2)—

(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).

Commencement Information

I4 Sch. 24 para. 165 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

166 (1) Section 140 of that Act is amended as follows. E+W

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

(3) In subsection (1)—

(a) omit “a fine imposed or”;

(b) omit “fine or other”;

(c) omit “imposed or”;

(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”;

(c) for “such a court” substitute “a magistrates' court”.

Commencement Information

I5 Sch. 24 para. 166 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

167 (1) Section 142(1) of that Act is amended as follows. E+W

(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 ”.

Commencement Information

I6 Sch. 24 para. 167 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

168 (1) Section 163 of that Act is amended as follows. E+W

(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).

Commencement Information

I7 Sch. 24 para. 168 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

169 E+W In section 164 omit subsection (3).

Commencement Information

I8 Sch. 24 para. 169 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

170 (1) Schedule 5 to that Act is amended as follows. E+W

(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 ”.

Commencement Information

I9 Sch. 24 para. 170 in force at 1.12.2020 by S.I. 2020/1236, reg. 2