89(1)Section 36 of the Criminal Justice Act 1988 is amended as follows.E+W
(2)In subsection (2), for paragraph (b) substitute—
“(b)failed to comply with a mandatory sentence requirement that applied as mentioned in section 399(b) or (c) of the Sentencing Code.”
(3)In subsection (3A), for “an order under subsection (2) of section 269 of the Criminal Justice Act 2003 (determination of minimum term in relation to mandatory life sentence)” substitute “ a minimum term order made under section 321 of the Sentencing Code in respect of an offence the sentence for which is fixed by law ”.
(4)In subsection (9)—
(a)for paragraphs (aa) to (ac) substitute—
“(aa)subsection (2)(b) shall have effect as if for the words after “failed to” there were substituted
“impose a sentence required by—
(i)Article 70(2) of the Firearms (Northern Ireland) Order 2004,
(ii)paragraph 2(4) or (5) of Schedule 2 to the Violent Crime Reduction Act 2006,
(iii)Article 13 or 14 of the Criminal Justice (Northern Ireland) Order 2008, or
(iv)section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;””;
(b)in paragraph (c), for “an order specified in subsection (3B)” substitute “ a minimum term order made under section 321 of the Sentencing Code ”;
(c)omit paragraph (d) and the preceding “and”.
Commencement Information
I1Sch. 24 para. 89 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
90E+WIn section 139 of that Act, after subsection (6) insert—
“(6ZA)See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”
Commencement Information
I2Sch. 24 para. 90 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
91E+WIn section 139A of that Act, before subsection (6) insert—
“(5ZB)See section 315 of the Sentencing Code for provision about the sentence which a court in England and Wales may be required to impose where a person aged 16 or over who has a previous relevant conviction (within the meaning of that section) is convicted of an offence under this section.”
Commencement Information
I3Sch. 24 para. 91 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
92E+WIn section 139AA of that Act, after subsection (6) insert—
“(6A)For provision about the sentence which the court may be required to impose where a person aged 16 or over is convicted of an offence under this section, see section 312 of the Sentencing Code.”
Commencement Information
I4Sch. 24 para. 92 in force at 1.12.2020 by S.I. 2020/1236, reg. 2
93E+WIn section 159(1)(aa) of that Act, after “by the Crown Court under” insert “ section 39(7) or (8) of the Sentencing Code or ”.
Commencement Information
I5Sch. 24 para. 93 in force at 1.12.2020 by S.I. 2020/1236, reg. 2