SCHEDULES

SCHEDULE 22 E+WAmendments of the Sentencing Code and related amendments of other legislation

Prospective

PART 4 E+WCommunity sentences

Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States E+W

19 (1) Section 397A (offenders fined at least three times: interpretation), inserted by paragraph 15, is amended as follows. E+W

[F1 (1A)After subsection (3) insert—

“(3A) Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.”]

(2) In subsection (4)(a)—

(a) in sub-paragraph (i), omit “within the meaning of the Armed Forces Act 2006”;

(b) after that sub-paragraph (but before the “or” at the end of it) insert—

“(ia) a member State service offence,”.

(3) In subsection (5), after “subsection (4)” insert “ (other than proceedings for a member State service offence) ”.

(4) After subsection (5) insert—

“(6) For the purposes of the relevant provisions, an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done there at the time of the conviction of the offender for the current offence.

(7) In subsections (4) and (5)—

• “member State service offence” means an offence which—

  (a)

  was the subject of proceedings under the service law of a member State other than the United Kingdom, and

  (b)

  would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty's forces, at the time of the conviction of the offender for the current offence;

• “Her Majesty's forces” has the same meaning as in the Armed Forces Act 2006;

• “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State;

• “service offence” has the same meaning as in the Armed Forces Act 2006.”

Textual Amendments

F1 Sch. 22 para. 19(1A) inserted by Sch. 22 para. 97A of this Act (as inserted by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(16))