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SCHEDULES

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

PART 5E+WCustodial sentences

Prospective

Increase in magistrates' court's power to impose imprisonmentE+W

24(1)Section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution) is amended as follows.E+W

(2)In subsection (1), for “6 months” substitute “ 12 months ”.

(3)In subsection (2), for “6 months” substitute “ 12 months ”.

25E+WIn—

(a)paragraph 10(5)(d) of Schedule 10 (magistrates' court's powers on breach etc of community order), as inserted by paragraph 21(2) of this Schedule, or

(b)the paragraph (d) to be inserted into paragraph 10(5) of Schedule 10 by paragraph 21(2) of this Schedule (if that paragraph 21(2) is not in force when this paragraph comes into force),

in the words following sub-paragraph (iii), for “6 months” substitute “ 51 weeks ”.

26E+WIn—

(a)paragraph 11(2)(d) of Schedule 10 (Crown Court's powers on breach etc of community order), as inserted by paragraph 21(3) of this Schedule, or

(b)the paragraph (d) to be inserted into paragraph 11(2) of Schedule 10 by paragraph 21(3) of this Schedule (if that paragraph 21(3) is not in force when this paragraph comes into force),

in the words following sub-paragraph (ii), for “6 months” substitute “ 51 weeks ”.

Prospective

Detention and training orders: offenders aged under 12E+W

27(1)In section 234 (detention and training order: availability)—E+W

(a)in subsection (1), in paragraph (a), omit “, but at least 12,”;

(b)after that paragraph insert—

(aa)in a case where the offender is aged under 12 at that time, the offence was committed on or after the date on which paragraph 27 of Schedule 22 comes into force,.

(2)In section 235 (exercise of power to make of detention and training order), after subsection (3) insert—

(3A)If the offender is aged under 12 when convicted the court may not make a detention and training order unless it is of the opinion that only a custodial sentence would be adequate to protect the public from further offending by the offender.

(3)In section 180 (exercise of powers to make orders with intensive supervision and surveillance or fostering), in subsection (2)(a)(ii) (appropriateness of custodial sentence to be assessed in case of offender aged under 12 as if offender were 12), after “convicted” insert “ and the offence was committed before the date on which paragraph 27 of Schedule 22 comes into force ”.

Prospective

Repeal of temporary provision resulting from paragraph 27E+W

28(1)In section 234, omit subsection (1)(aa).E+W

(2)In section 180, omit subsection (2)(a)(ii) (and the word “or” immediately before it, but not the word “and” immediately after it).

Prospective

Detention and training orders: summary offencesE+W

29(1)Section 236 is amended as follows.E+W

(2)In subsection (2), at the end insert—

This is subject to subsection (2A).

(3)After that subsection insert—

(2A)Where—

(a)the offence is a summary offence, and

(b)the maximum term of imprisonment that a court could impose for the offence (in the case of an offender aged 21 or over) is 51 weeks,

the term of a detention and training order in respect of the offence may not exceed 6 months.

Prospective

Custodial sentences where offender already subject to sentence following conviction before commencementE+W

30E+WIn section 244 (offender subject concurrently to detention and training order and sentence of detention in a young offender institution), omit subsection (5).

31E+WIn section 245 (offender subject concurrently to detention and training order and other sentence of detention), omit subsection (4).

32E+WIn section 248 (detention and training orders: interpretation)—

(a)in subsection (3)—

(i)at the end of paragraph (a), insert “ or ”;

(ii)omit paragraph (c) (and the word “or” immediately before it);

(b)in subsection (4) omit—

(i)paragraph (b);

(ii)in paragraph (c) the words “(whether passed before or after this Code comes into force)”;

(iii)paragraph (e) (and the word “or” immediately before it);

and insert “ or ” immediately after paragraph (c).

33E+WIn section 253 (sentence of detention passed on offender subject to detention and training order), in subsection (4)—

(a)at the end of paragraph (a), insert “ or ”;

(b)omit paragraph (c) (and the word “or” immediately before it).

34E+WIn section 257 (extended sentence under section 254 where offender subject to detention and training order), omit subsection (4)—

(a)in paragraph (a), at the end insert “ or ”;

(b)omit paragraph (c) (and the word “or” immediately before it).

35E+WIn section 270 (sentence of detention in a young offender institution where offender subject to detention and training order), in subsection (4)—

(a)in paragraph (a), at the end insert “ or ”;

(b)omit paragraph (c) (and the word “or” immediately before it).

Age limit for imposing imprisonmentE+W

Prospective

[F136E+WIn section 15 (committal for sentence of dangerous adult offenders)—

(a)in subsection (1)(b), omit—

(i)“of detention in a young offender institution or”;

(ii)“266 or”;

(b)in subsection (1A), omit “268A or”.]

Textual Amendments

Prospective

37E+WIn section [F259(2)] (sentencing guidelines: general duty of court)[F3

(a)in paragraph (ga), for “sections 268B and” substitute “ section ”;

(b)in paragraph (h),] for “sections 273 and” substitute “ section ”.

Textual Amendments

Prospective

38E+WIn section 61 (sentencing guidelines: extended sentences and life sentences)—

(a)in subsection (2), omit “, 268(2)”;

[F4(aa)in subsection (2B), omit “268C(2)(b) or”;]

(b)in subsection (3), omit “273 or”;

(c)in subsection (4), omit “273(4) or”;

(d)in subsection (8)—

(i)in paragraph (a), at the end insert “ or ”;

(ii)omit paragraph (c) (and the word “or” immediately before it).

Textual Amendments

Prospective

[F538AE+WIn section 73(2A) (reduction in serious terrorism sentence for guilty plea), omit “268C(2) or, as the case may be,”.

Textual Amendments

Prospective

38BE+WIn section 74(4A) (reduction in serious terrorism sentence for assistance to prosecution), omit “268C(2) or”.]

Textual Amendments

Prospective

39E+WIn section 129(5)(c) (fine imposed on offender by Crown Court: duty to make term in default order), omit “, custody for life or detention in a young offender institution”.

Prospective

40E+WIn section 166(5) (extension of disqualification where custodial sentence also imposed), in the table, omit [F6entries 3, 4 and 4A].

Textual Amendments

F6Words in Sch. 22 para. 40 substituted (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(e)

Prospective

41E+WIn section 221 (overview of Part 10)—

(a)omit subsection (3);

(b)in subsection (4), omit “aged at least 21 at the time of conviction”.

Prospective

42E+WIn section 224 (general limit on magistrates' court's power to impose imprisonment or detention in a young offender institution)—

(a)in subsection (1), for paragraphs (a) and (b) substitute “ imprisonment ”;

(b)in subsection (2), omit “or detention in a young offender institution”;

(c)in the heading, omit “or detention in a young offender institution”.

Prospective

43E+WIn section 226 (custodial sentence: restriction in certain cases where offender not legally represented), in subsection (2), for paragraphs (c) and (d) substitute or

(ba)if the offender was aged at least 18 but under 21 when convicted, pass a sentence of imprisonment,.

Prospective

44E+WIn section 227 (restriction on imposing imprisonment on person under 21) in each of the following places, and in the heading to that section, for “under 21” substitute “ under 18 ” in each of the following—

(a)subsection (1);

(b)subsection (2);

(c)subsection (3).

Prospective

45E+WIn section 230(3) (threshold for imposing discretionary custodial sentence), for “sections 273(4) and” substitute “ section ”.

Prospective

46E+WIn section 231 (length of discretionary custodial sentences: general provision)—

(a)in subsection (3), for “sections 273(4) and” substitute “ section ”;

(b)in subsection (4), omit paragraph (b) (but not the word “or” immediately after it);

(c)in subsection (6), omit “, 268(2)”.

[F7(d)in subsection (6A), for “sections 268C(2)(b) and” substitute “ section ”.]

Textual Amendments

Prospective

47E+WIn section 236 (term of order, consecutive terms and taking account of remands)—

(a)in subsection (2)(a) and (b), and

(b)in subsection (2A)(b) (to be inserted by paragraph 29 of this Schedule),

for “21” substitute “ 18 ” (in each place).

Prospective

48E+WIn section 244 (interaction with sentences of detention in a young offender institution), in subsection (2), for paragraph (b) substitute—

(b)section 61 of the Criminal Justice and Court Services Act 2000 (place of detention);.

Prospective

49E+WIn section 246 (effect of detention and training order made where offender has reached 18), in subsection (2), for “detention in a young offender institution” substitute “ imprisonment ”.

Prospective

50E+WIn section 249 (sentence of detention under section 250: availability), in paragraph (a) of the table in subsection (1), for “21” substitute “ 18 ”.

Prospective

51E+WIn section 252 (maximum sentence), in subsection (2), in paragraphs (a) and (b), for “21” substitute “ 18 ”.

Prospective

[F851AE+WIn section 252A (special sentence of detention for terrorist offenders of particular concern aged under 18), in subsection (4), for “21” substitute “ 18 ”.]

Textual Amendments

Prospective

52E+WIn section 256 (term of extended sentence of detention under section 254), in subsection (5), for “21” substitute “ 18 ”.

Prospective

53(1)Omit Chapter 3 of Part 10 (custodial sentences for adults aged under 21).E+W

(2)In the heading for Chapter 4 of that Part, omit “aged 21 and over”.

(3)The repeal by sub-paragraph (1) of section 270 does not affect the validity of any order made under subsection (2) of that section.

Prospective

54E+WIn section 277 (suspended sentence order for person aged 21 or over: availability), in the heading, for “person aged 21 or over” substitute “ adult ”.

Prospective

55E+WIn section 278 (required special custodial sentence for certain offenders of particular concern), omit subsection (1)(b)(ii) (and the word “and” immediately after it).

Prospective

56E+WIn section 279 (extended sentence of imprisonment for certain violent or sexual offences: persons 21 or over), in the heading omit “persons 21 or over”.

Prospective

57E+WIn section 280 (extended sentence of imprisonment: availability), in subsection (1)(b), for “21” substitute “ 18 ”.

Prospective

[F957AE+WIn section 282A (serious terrorism sentence of imprisonment: persons 21 or over), in the heading omit “: persons 21 or over”.

Textual Amendments

Prospective

57BE+WIn section 282B (serious terrorism sentence of imprisonment: circumstances in which required), omit subsection (1)(c).]

Textual Amendments

Prospective

58E+WIn section 283 (life sentence for second listed offence), in subsection (1)(c), for “21” substitute “ 18 ”.

Prospective

59E+WIn section 285 (required life sentence for offence carrying life sentence), in subsection (1)(a), for “21” substitute “ 18 ”.

Prospective

60E+WIn section 286 (suspended sentence order), in subsection (1), omit “or detention in a young offender institution”.

Prospective

61E+WIn section 289 (suspended sentence to be treated generally as sentence of imprisonment etc)—

(a)in subsection (1), for paragraphs (a) and (b) substitute “ a sentence of imprisonment ”;

(b)in the heading, omit “etc”.

Prospective

62E+WIn section 308(1) (the assessment of dangerousness)—

(a)in paragraph (a), omit “, 267”;

[F10(aa)in paragraph (aa), omit “268B or”;]

(b)in paragraph (b), omit “, 274”.

Textual Amendments

Prospective

63E+WIn section 310 (certificates of conviction), in the words following paragraph (c), omit “267, 273,”.

Prospective

64E+WIn section 311 (minimum sentence for certain offences involving firearms that are prohibited weapons), in subsection (3)—

(a)omit paragraph (b);

(b)in paragraph (c), for “21” substitute “ 18 ”.

Prospective

65E+WIn section 312 (mandatory minimum sentence for offences of threatening with weapon or bladed article), in subsection (3)—

(a)omit paragraph (b);

(b)in paragraph (c), for “21” substitute “ 18 ”.

Prospective

66E+WIn section 313 (minimum sentence for third drug trafficking offence)—

(a)in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

(b)omit subsection (6).

Prospective

67E+WIn section 314 (minimum sentence for third domestic burglary offence)—

(a)in subsection (2), for “an appropriate custodial sentence” substitute “ a sentence of imprisonment ”;

(b)omit subsection (6).

Prospective

68E+WIn section 315 (minimum sentence for repeat offence involving weapon or bladed article), in subsection (3)—

(a)omit paragraph (b);

(b)in paragraph (c), for “21” substitute “ 18 ”.

Prospective

[F1168AE+WIn section 323 (minimum term order: other life sentences)—

(a)in subsection (4), omit “268B(2) or” in both places;

(b)in subsection (6)(b), omit “268B(2) or”.]

Textual Amendments

Prospective

69E+WIn section 324 (interpretation of sections 321 and 322), in the definition of “life sentence”—

(a)at the end of paragraph (a) insert “ or ”;

(b)omit paragraph (c) (and the word “or” immediately before it).

Prospective

70E+WIn section 329 (conversion of sentence of detention to sentence of imprisonment)—

[F12(za)in subsection (3), for “(4) to (5A)” substitute “ (4), (4A) and (5) ”;]

[F13(zb)in subsection (4A), omit paragraph (b) (and the word “or” immediately before it);]

(a)in subsection (5), omit paragraph (b) (and the word “or” immediately before it);

[F14(aa)omit subsection (5A);]

(b)in subsection (7), omit paragraphs (d), (e) [F15, (ea)] and (f).

Prospective

71(1)In section 384(3)(b) (commencement of sentence), for “, 257 and 270” substitute “ and 257 ”.E+W

(2)The amendment made by sub-paragraph (1) does not affect the validity of any order made under section 270(2).

Prospective

72[F16(a)]In section 397(1) (interpretation: general), in the definition of “extended sentence”, omit paragraph (b) (but not the word “or” immediately after that paragraph).E+W

[F17(b)in the definition of “serious terrorism sentence”, omit paragraph (a) (including the word “or” immediately after that paragraph).]

Textual Amendments

F16Words in Sch. 22 para. 72 renumbered as Sch. 22 para. 72(a) (29.6.2021) by Counter-Terrorism and Sentencing Act 2021 (c. 11), s. 50(2)(v), Sch. 13 para. 11(20)(k)(i)

Prospective

[F1873E+WIn section 399 (mandatory sentences)—

(a)in paragraph (b)—

(i)in the opening words, omit “, custody for life”;

(ii)in sub-paragraph (i), omit “, 274”;

(iii)in sub-paragraph (ii), omit “273 or”;

(b)in paragraph (ba), omit “268B or”.]

Textual Amendments

Prospective

74(1)In paragraph 10 of Schedule 10 (magistrates' court's powers on breach etc of community order), as amended by paragraph 21(2) of this Schedule—E+W

(a)in sub-paragraph (5)(d), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)omit sub-paragraph (9A).

(2)But, if paragraph 21(2) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a)in the paragraph (d) to be inserted by it into paragraph 10(5) of Schedule 10 (magistrates' court's powers on breach etc of community order), in the words following sub-paragraph (iii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)omit paragraph (c) (which inserts sub-paragraph (9A) into paragraph 10 of Schedule 10).

Prospective

75(1)In paragraph 11 of Schedule 10 (Crown Court's powers on breach etc of community order), as amended by paragraph 21(3) of this Schedule—E+W

(a)in sub-paragraph (2)(d), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)omit sub-paragraph (6A).

(2)But if paragraph 21(3) of this Schedule is not in force when this paragraph comes into force, in that paragraph—

(a)in the paragraph (d) to be inserted by it into paragraph 11(2) of Schedule 10 (Crown Court's powers on breach etc of community order), in the words following sub-paragraph (ii), for “relevant custodial sentence” substitute “ sentence of imprisonment ”;

(b)omit paragraph (c) (which inserts sub-paragraph (6A) into paragraph 11 of Schedule 10).

Prospective

76E+WIn Schedule 12, in paragraph 3 (breach of requirement of detention and training order), in sub-paragraph (8), for “21” substitute “ 18 ”.

Prospective

77E+WIn Schedule 14 (extended sentences: the earlier offence condition: offences), in paragraph 15(b), for “section 267(1)(a) or 280(1)(a) (as appropriate)” substitute “ section 280(1)(a) ”.

Prospective

78E+WIn Schedule 15 (life sentence for second offence: listed offences), in paragraph 24(1), omit the definition of “index offence”.

Prospective

Change of residence: duty of responsible officer to apply for amendment of suspended sentence orderE+W

79E+WIn Schedule 16 (breach or amendment of suspended sentence order, and effect of further conviction), in paragraph 23, at the end insert—

(3)If the permission is given by the responsible officer—

(a)the officer must apply to the appropriate court to amend the order to specify the new local justice area, and

(b)the court must make that amendment.

Prospective

Dangerous offendersE+W

[F1979AE+WIn Schedule 17A (serious terrorism offences), after paragraph 24 insert—

Space Industry Act 2018E+W

24AAn offence under any of the following provisions of Schedule 4 to the Space Industry Act 2018—

(a)paragraph 1 (hijacking of spacecraft);

(b)paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c)paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d)paragraph 4 (endangering safety at spaceports).]

Textual Amendments

80E+WIn Schedule 18 (specified violent offences), after paragraph 26 insert—

Space Industry Act 2018E+W

26AAn offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a)paragraph 1 (hijacking of spacecraft);

(b)paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c)paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d)paragraph 4 (endangering safety at spaceports);

(e)paragraph 5 (offences in relation to certain dangerous articles).

Prospective

Minimum sentences: firearms and corrosive substancesE+W

81(1)Schedule 20 (detention under section 250 and minimum sentences: firearms offences) is amended as follows.E+W

(2)After paragraph 1 insert—

1AAn offence under section 5(1)(ag) or (ba) of the Firearms Act 1968 committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22).

(3)In paragraph 3, for “committed in respect of a relevant firearm or relevant ammunition” substitute—

(a)committed in respect of a relevant firearm or relevant ammunition, or

(b)committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

(4)In paragraph 4(1), for “committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition” substitute

(a)committed on or after 6 April 2007 in respect of a relevant firearm or relevant ammunition, or

(b)committed on or after the amendment date (as defined by paragraph 81(6) of Schedule 22) in respect of a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968..

(5)In paragraph 5, for the words following “where” substitute

(a)the dangerous weapon in respect of which the offence was committed was a relevant firearm, or

(b)the offence was committed on or after the amendment date (as defined by paragraph 81(8) of Schedule 22) in respect of a dangerous weapon which was a firearm specified in section 5(1)(ag) or (ba) of the Firearms Act 1968.

(6)For the purposes of the amendments of Schedule 20 made by sub-paragraphs (2) to (4), the “amendment date” means—

(a)the date on which those sub-paragraphs come into force, or

(b)if earlier, the 2019 Act commencement date.

(7)The 2019 Act commencement date is the date on which section 54(6) of the Offensive Weapons Act 2019 comes into force.

But if paragraph 7 of Schedule 2 to that Act comes into force on a different date, that date is the 2019 Act commencement date for the purposes of Schedule 20 as it applies for the purposes of section 250.

(8)For the purposes of the amendment of Schedule 20 made by sub-paragraph (5), the “amendment date” means—

(a)the date on which that sub-paragraph comes into force, or

(b)if earlier, the date on which paragraph 10 of Schedule 2 to the Offensive Weapons Act 2019 comes into force.

82(1)Section 315 (minimum sentence for repeat offence involving weapon) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a)—

(i)omit “or” at the end of sub-paragraph (ii);

(ii)after sub-paragraph (iii) insert or

(iv)section 6(1) of the Offensive Weapons Act 2019 (offence of having a corrosive substance in a public place),;

(b)in paragraph (b), for “17 July 2015” substitute “ the relevant date ”.

(3)After subsection (1) insert—

(1A)In subsection (1)(b), “the relevant date” means—

(a)in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force);

(b)in any other case, 17 July 2015.

(4)In subsection (5)—

(a)omit “or” at the end of paragraph (a);

(b)at the end of paragraph (b) insert or

(c)section 6 of the Offensive Weapons Act 2019 (offence of having corrosive substance in a public place).

(5)In the title, at the end insert “ or corrosive substance ”.

83E+WIn each of the following provisions, after “weapon” insert “ or corrosive substance ”

(a)section 73(4) (reduction in sentences for guilty pleas);

(b)section 234(2)(b) (detention and training order: availability);

(c)section 399(c)(v) (mandatory sentences).

Prospective

Life imprisonmentE+W

84E+WIn Schedule 19 (Schedule 19 offences), after paragraph 22 insert—

Space Industry Act 2018E+W

22AAn offence under any of the following paragraphs of Schedule 4 to the Space Industry Act 2018—

(a)paragraph 1 (hijacking of spacecraft);

(b)paragraph 2 (destroying, damaging or endangering the safety of spacecraft);

(c)paragraph 3 (other acts endangering or likely to endanger safety of spacecraft);

(d)paragraph 4 (endangering safety at spaceports).

85(1)Section 323 (minimum term order: other life sentences) is amended as follows.E+W

(2)In subsection (2), at the end insert—

This is subject to subsection (2A).

(3)After subsection (2) insert—

(2A)In taking account of the effect of the comparison required by subsection (2)(b) on the period which the court determines for the purposes of subsection (2)(a) (and before giving effect to subsection (2)(c)), the court may, instead of reducing that period by one-half, reduce it by such lesser amount as—

(a)in Case A, it considers appropriate according to the seriousness of the offence (and may be nil), or

(b)in Case B, it considers appropriate in the circumstances (but may not be less than one-third).”

(2B)Case A is where the offender was aged 18 or over when the offence was committed and the court is of the opinion that the seriousness of the offence, or of the combination of the offence and one or more associated offences—

(a)is exceptional (but not such that the court proposes to make a whole life order), and

(b)would not be adequately reflected by the minimum term which the court would otherwise specify under subsection (2).

(2C)Case B is where the court is of the opinion that the minimum term which it would otherwise specify under subsection (2) would have little or no effect on time spent in custody, taking into account all the circumstances of the particular offender.