Sentencing Act 2020 (c. 17)

SCHEDULES

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

PART 6 E+W EU Exit

86 (1) Section 65 (previous convictions) is amended as follows. E+W

(2) In subsection (4)—

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

(b) omit paragraph (b);

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

[F1 (3) After subsection (4) insert—

“(4A) If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction” in subsections (1) to (3) also includes—

(a) a previous conviction of a relevant offence under the law of a member State by a court in that State, and

(b) a finding of guilt in respect of a member State service offence (see subsection (6)).”

(3A) In subsection (6), for “(4)(d)” substitute “(4A)(b)].

Textual Amendments

F1 Sch. 22 para. 86(3)(3A) substituted for Sch. 22 para. 86(3) (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(2)

Commencement Information

I1 Sch. 22 para. 86 in force at 31.12.2020, see s. 417(9)

87 [F2 (1)] In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it). E+W

[F3 (2) After subsection (2) insert—

“(2A) But the compulsory referral conditions are not met if—

(a) the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b) the offender has previously been convicted by or before a court in a member State of any offence”.]

Textual Amendments

F2 Sch. 22 para. 87 renumbered as Sch. 22 para. 87(1) (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(3)(a)

F3 Sch. 22 para. 87(2) 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(3)(b)

Commencement Information

I2 Sch. 22 para. 87 in force at 31.12.2020, see s. 417(9)

[F4 87A. E+W Section 267 (extended sentence of detention in a young offender institution: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

“(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14.”.]

Textual Amendments

F4 Sch. 22 para. 87A 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(4)

Commencement Information

I3 Sch. 22 para. 87A in force at 31.12.2020, see s. 417(9)

88 [F5 (1)] In section 273 (custody for life for second listed offence) in subsection (12)— E+W

(a) in the definition of “extended sentence”, in the words following paragraph (b), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”.

[F6 (2) After subsection (12) insert—

“(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.”.]

Textual Amendments

F5 Sch. 22 para. 88 renumbered as Sch. 22 para. 88(1) (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(5)(a)

F6 Sch. 22 para. 88(2) 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(5)(b)

Commencement Information

I4 Sch. 22 para. 88 in force at 31.12.2020, see s. 417(9)

[F7 88A. E+W Section 280 (extended sentence of imprisonment: availability) is amended as follows—

(a) in subsection (3), after “listed in” insert “Part 1, 2 or 3 of”;

(b) after that subsection insert—

“(3A) But if the proceedings for the offence were instituted before IP completion day (see section 397(5)), the earlier offence condition is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3 or 3A of Schedule 14”.]

Textual Amendments

F7 Sch. 22 para. 88A 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(6)

Commencement Information

I5 Sch. 22 para. 88A in force at 31.12.2020, see s. 417(9)

89 [F8 (1)] In section 283 (life sentence for second listed offence) in subsection (12)— E+W

(a) in the definition of “extended sentence”, in the words following paragraph (c), for the words following “Scotland” substitute “ or Northern Ireland ”;

(b) in the definition of “life sentence”, in the words following paragraph (f), for the words following “Scotland” substitute “ or Northern Ireland ”.

[F9 (2) after subsection (12) insert—

“(12A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), the references to “an equivalent sentence” in the definitions of the following are to be read as also including an equivalent sentence imposed under the law of a member State—

(a) “extended sentence”, and

(b) “life sentence”.”.]

Textual Amendments

F8 Sch. 22 para. 89 renumbered as Sch. 22 para. 89(1) (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(7)(a)

F9 Sch. 22 para. 89(2) 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(7)(b)

Commencement Information

I6 Sch. 22 para. 89 in force at 31.12.2020, see s. 417(9)

90 [F10 (1)] In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)— E+W

(a) omit paragraph (b);

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

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

[F11 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant drug conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would, if committed in the United Kingdom at the time of the conviction, have constituted a class A drug trafficking offence, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted a class A drug offence if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F10 Sch. 22 para. 90 renumbered as Sch. 22 para. 90(1) (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(8)(a)

F11 Sch. 22 para. 90(2) 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(8)(b)

Commencement Information

I7 Sch. 22 para. 90 in force at 31.12.2020, see s. 417(9)

91 [F12 (1)] In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)— E+W

(a) in paragraph (b) omit “or another member State”;

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

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

[F13 (2) After subsection (3) insert—

“(3A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of subsection (1) “relevant domestic burglary conviction” also includes—

(a) a conviction in a member State of an offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary, if committed in England and Wales at the time of the conviction, and

(b) a conviction of a member State service offence committed on or after 16 August 2010 which would have constituted an offence of domestic burglary if committed in England and Wales at the time of conviction.”.]

Textual Amendments

F12 Sch. 22 para. 91 renumbered as Sch. 22 para. 91(1) (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(9)(a)

F13 Sch. 22 para. 91(2) 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(9)(b)

Commencement Information

I8 Sch. 22 para. 91 in force at 31.12.2020, see s. 417(9)

92 [F14 (1)] In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)— E+W

(a) in paragraph (b) omit “or another member State”;

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

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

[F15 (2) After subsection (4) insert—

“(4A) If the proceedings for the index offence were instituted before IP completion day (see section 397(5)), for the purposes of this section “relevant conviction” also includes—

(a) a conviction in a member State of a civilian offence which would have constituted a relevant offence if committed in England and Wales at the time of the conviction (whenever the offence was in fact committed), and

(b) a conviction of a member State service offence which would have constituted a relevant offence if committed in England and Wales at the time of conviction (whenever the offence was in fact committed).”.]

Textual Amendments

F14 Sch. 22 para. 92 renumbered as Sch. 2 para. 92(1) (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(10)(a)

F15 Sch. 22 para. 92(2) 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(10)(b)

Commencement Information

I9 Sch. 22 para. 92 in force at 31.12.2020, see s. 417(9)

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

[F16 (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,”.]

[F17 (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.”.]

F18 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19 (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

F16 Sch. 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)

F17 Sch. 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)

F18 Sch. 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)

F19 Sch. 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

I10 Sch. 22 para. 93 in force at 31.12.2020, see s. 417(9)

[F20 94 (1) Section 318 (offences under service law) is amended as follows. E+W

(2) In subsection (2) for “and (e)” substitute “and (3A)(b)”;

(3) In subsection (3)(a) for “and (e)” substitute “and (3A)(b)”.]

Textual Amendments

F20 Sch. 22 para. 94 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(12)

Commencement Information

I11 Sch. 22 para. 94 in force at 31.12.2020, see s. 417(9)

95 (1) F21 ... Schedule 14 (extended sentences: the earlier offence condition: offences) F21 ... is amended as follows. E+W

[F22 (2) In paragraph 18, for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;]

(3) Omit paragraphs 19 and 20.

(4) In the heading [F23 of Part 3], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F24 (5) After Part 3 insert—

“Part 3A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

20A. A civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.

20B. A member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 of this Schedule.”

(6) In Part 4, after paragraph 21 insert—

“22. In this Schedule—

• “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F21 Words in Sch. 22 para. 95(1) 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(13)(a)

F22 Sch. 22 para. 95(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(13)(b)

F23 Words in Sch. 22 para. 95(4) 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(13)(c)

F24 Sch. 22 para. 95(5)(6) 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(13)(d)

Commencement Information

I12 Sch. 22 para. 95 in force at 31.12.2020, see s. 417(9)

96 (1) Schedule 15 (life sentence for second offence: listed offences), F25 ... is amended as follows. E+W

[F26 (2) In paragraph 20—

(a) for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

(b) omit “This is subject to paragraph 23”.]

(3) Omit paragraphs 21 to 23.

(4) In the heading [F27 of Part 4], for the words following “Scotland” substitute “ or Northern Ireland. ”

[F28 (5) After Part 4 insert—

“Part 4A E+W PROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

23A. If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

(a) a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

(b) a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B. Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

(a) as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

(b) with the omission of paragraphs 23A(b).”

(6) In paragraph 24(1) of Part 5 insert—

• ““civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

• “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.”].

Textual Amendments

F25 Words in Sch. 22 para. 96(1) 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(14)(a)

F26 Sch. 22 para. 96(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(14)(b)

F27 Words in Sch. 22 para. 96(4) 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(14)(c)

F28 Sch. 22 para. 96(5)(6) 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(14)(d)

Commencement Information

I13 Sch. 22 para. 96 in force at 31.12.2020, see s. 417(9)

97 E+W Omit paragraphs 16 to [F29 18] of this Schedule (which make amendments relating to offences in other member States).

Textual Amendments

F29 Word in Sch. 22 para. 97 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(15)

Commencement Information

I14 Sch. 22 para. 97 in force at 31.12.2020, see s. 417(9)

[F30 97A. E+W In paragraph 19 of this Schedule (which makes amendments to section 397A (offenders fined at least three times: interpretation)), after sub-paragraph (1) insert—

“(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.”.]

Textual Amendments

F30 Sch. 22 para. 97A 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(16)

Commencement Information

I15 Sch. 22 para. 97A in force at 31.12.2020, see s. 417(9)