Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 25 E+W Amendments to the Armed Forces Act 2006

PART 1 E+W Amendments to Chapter 1 of Part 8: service compensation orders, service community orders etc.

11 (1) Schedule 6 (overseas community orders) is amended as follows. E+W

(2) In the shoulder reference, for “section 182” substitute “ section 183(6) ”.

(3) In paragraph 1 (unpaid work requirement), for “section 199 of the 2003 Act” substitute “ paragraph 1(1) of Schedule 9 to the Sentencing Code ”.

(4) In paragraph 2 (exclusion requirement), for “section 205 of the 2003 Act” substitute “ paragraph 11(1) of Schedule 9 to the Sentencing Code ”.

(5) In paragraph 3 (residence requirement)—

(a) for sub-paragraph (1) substitute—

“(1) In relation to an overseas community order made in respect of an offender aged under 18 on conviction, paragraph 13 of Schedule 9 to the Sentencing Code has effect as if—

(a) in sub-paragraph (1)(a), after “place”)” there were inserted “ or with a particular individual (“the required individual”) ”;

(b) in sub-paragraph (2)(a)(i), after “place” there were inserted “ or individual ”.”;

(b) in sub-paragraph (3), for “Nothing in section 206(2) to (4) of the 2003 Act applies” substitute “ Paragraph 14 of Schedule 9 to the Sentencing Code (requirement to consider home surroundings of offender) ” does not apply”;

(c) in sub-paragraph (4), for “specified” substitute “ particular ”;

(d) omit sub-paragraph (5).

(6) In paragraph 4 (mental health requirement)—

(a) in sub-paragraph (1)—

(i) for “section 207(3) of the 2003 Act” substitute “ paragraph 17(1) of Schedule 9 to the Sentencing Code ”;

(ii) for “of offender to mental health requirement” substitute “ condition ”;

(b) in sub-paragraph (2)—

(i) for “section 208(1) of the 2003 Act” substitute “ paragraph 18 of Schedule 9 to the Sentencing Code ”;

(ii) for “the words “with the consent of the offender” do” substitute “ sub-paragraph (3) (expression of willingness of offender necessary before alternative arrangements may be made) does ”.

(7) In paragraph 5 (drug rehabilitation requirement)—

(a) in sub-paragraph (1), for “section 209(1) of the 2003 Act” substitute “ paragraph 19(1) of Schedule 9 to the Sentencing Code ”;

(b) in sub-paragraph (2)(b), for “section 209(1)(b) of the 2003 Act” substitute “ paragraph 19(1)(b) of Schedule 9 to the Sentencing Code ”;

(c) in sub-paragraph (3)—

(i) for “section 209(2) of the 2003 Act” substitute “ paragraph 20(1) of Schedule 9 to the Sentencing Code ”;

(ii) for “of offender to drug rehabilitation requirement” substitute “ condition ”.

(8) In paragraph 6 (alcohol treatment requirement), for “section 212 of the 2003 Act” substitute “ paragraph 23(1) of Schedule 9 to the Sentencing Code ”.

(9) In paragraph 8 (power to amend) for “section 223 of the 2003 Act” substitute “ paragraph 13 of Schedule 23 to the Sentencing Act 2020 ”.

Commencement Information

I1 Sch. 25 para. 11 in force at 1.12.2020 by S.I. 2020/1236, reg. 2