Sentencing Act 2020

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

[F1(2)In subsection (1)—

(a)for the words before “applies” substitute “Subsection (2)”;

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

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

[F2(2A)after subsection (2) insert—

(2A)Subsection (2B) applies where an offender has been convicted—

(a)in any member State of a corresponding drug trafficking offence, or

(b)in any member State of a corresponding domestic burglary offence.

(2B)For the purposes of section 313 or 314 as it applies where the proceedings were instituted before IP completion day (see section 397(5)), a certificate given in accordance with subsection (3) of either or both of the following is evidence of the facts so certified—

(a)that the offender was convicted of that offence on the date of the conviction;

(b)that the offence was committed on a particular day, or over, or at some time during, a particular period..]

F3(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(4)In subsection (4)—

(a)in the definition of “corresponding drug trafficking offence”, after “313(3)(b)” insert “or (3A)(a)”;

(b)in the definition of “corresponding domestic burglary offence”, after “314(3)(b)” insert “or (3A)(a)”.]

Textual Amendments

F1Sch. 22 para. 93(2) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(a)

F2Sch. 22 para. 93(2A) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(b)

F3Sch. 22 para. 93(3) omitted (31.12.2020 immediately before IP completion day) by virtue of The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(c)

F4Sch. 22 para. 93(4) substituted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(11)(d)

Commencement Information

I1Sch. 22 para. 93 in force at 31.12.2020, see s. 417(9)