SCHEDULES

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

PART 6EU Exit

I186

1

Section 65 (previous convictions) is amended as follows.

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).

F243

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).

I487

F21

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).

F32

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

I15F1387A

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.

I588

F291

In section 273 (custody for life for second listed offence) in subsection (12)—

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 ”.

F112

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”.

I13F188A

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

I389

F141

In section 283 (life sentence for second listed offence) in subsection (12)—

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 ”.

F252

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”.

I1290

F41

In section 313 (minimum sentence of 7 years for third class A drug trafficking offence), in subsection (3)—

a

omit paragraph (b);

b

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

c

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

F182

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.

I1091

F171

In section 314 (minimum sentence of 3 years for third domestic burglary), in subsection (3)—

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).

F282

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.

I292

F51

In section 315 (minimum sentence for repeat offence involving weapon), in subsection (4)—

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).

F302

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).

I893

1

Section 317 (certificates of conviction for purposes of sections 313 and 314) is amended as follows.

F72

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,”.

F82A

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.

F63

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F224

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)”.

I11F1994

1

Section 318 (offences under service law) is amended as follows.

2

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

3

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

I995

1

F9... Schedule 14 (extended sentences: the earlier offence condition: offences) F9... is amended as follows.

F212

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 F23of Part 3, for the words following “Scotland” substitute “ or Northern Ireland. ”

F205

After Part 3 insert—

Part 3APROCEEDINGS 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.

I796

1

Schedule 15 (life sentence for second offence: listed offences), F15... is amended as follows.

F102

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 F27of Part 4, for the words following “Scotland” substitute “ or Northern Ireland. ”

F265

After Part 4 insert—

Part 4APROCEEDINGS 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.

I697

Omit paragraphs 16 to F1618 of this Schedule (which make amendments relating to offences in other member States).

I14F1297A

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.