Sentencing Act 2020

PART 6 Amendments to Part 9: sentencing: principles and procedures

51 Part 9 of the Armed Forces Act 2006 is amended as follows.

52 In section 237 (duty to have regard to purposes of sentencing etc), in subsection (3)—

(a) for paragraph (b) substitute—

“(b) an offence the sentence for which falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(ba) an offence the sentence for which falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(bb) an offence the sentence for which falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(bc) an offence the sentence for which falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(bd) an offence the sentence for which falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(be) an offence the sentence for which falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences);”;

(b) in paragraph (c), for “227A(2)” substitute “227A(1A) or (2) (threatening with a weapon in public or on school premises)”.

53 In section 238 (deciding the seriousness of an offence), at the end insert—

“(6) In section 69 of the Sentencing Code (seriousness of offence with terrorist connection)—

(a) the references to a court are to be read as including a court dealing with an offender for an offence under section 42, and

(b) the reference in subsection (1) to an offence specified in Schedule 1 to that Code is to be read as a reference to an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence specified in Schedule 1.”

54 In section 239 (reduction in sentences for guilty pleas)—

(a) in subsection (4), for “110(2) or 111(2) of the Sentencing Act” substitute “313(2) or 314(2) of the Sentencing Code”;

(b) in subsection (5), for “110(2) or 111(2) of that Act” substitute “313(2) or 314(2) of that Code” in both places it occurs;

(c) in subsection (6), for “227A(2)” substitute “227A(1A) or (2)” in both places it occurs.

55 In section 246 (crediting of time in service custody: terms of imprisonment and detention), in subsection (6), after paragraph (b) (but before the “and”) insert—

“(ba) an extended sentence of detention under section 254 of the Sentencing Code passed as a result of section 221A of this Act,”.

56 In section 247 (crediting of time in service custody: supplementary), in subsection (7), for “any sentence within paragraph (a), (b) or (c)” substitute “a sentence within any of paragraphs (a) to (c)”.

57 In section 257 (pre-sentence reports: supplementary)—

(a) in subsection (1), for “section 158(1) of the 2003 Act” substitute “section 31(1) of the Sentencing Code”;

(b) in subsection (2)—

(i) for “section 158(1) of that Act” substitute “section 31(1) of that Code”, and

(ii) for “section 158(2) of that Act” substitute “section 31(2) of that Code”;

(c) in subsection (4)—

(i) for “Section 159(1) to (3) and (5) of the 2003 Act” substitute “Section 32(1) to (4) and (6) of the Sentencing Code”, and

(ii) for “section 156 of that Act” substitute “section 30 of that Code”.

58 In section 260 (discretionary custodial sentences: general restrictions)—

(a) in subsection (1), for paragraph (b) (and the “or” preceding it) substitute—

“(b) falls to be imposed under section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence);

(c) falls to be imposed under section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over);

(d) falls to be imposed under section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18);

(e) falls to be imposed under section 313(2) of the Sentencing Code as a result of section 225(2) (third drug trafficking offence);

(f) falls to be imposed under section 314(2) of the Sentencing Code as a result of section 226(2) (third domestic burglary);

(g) falls to be imposed under section 311(2) of the Sentencing Code as a result of section 227(2) (firearms offences); or

(h) falls to be imposed under section 227A(1A) or (2) (threatening with a weapon in public or on school premises).”;

(b) in subsection (4B), for the words from “section 226A(6)” to the end substitute “—

(a) section 268(2) or 281(2) of the Sentencing Code, as applied by section 219A of this Act (extended sentences for offenders aged 18 or over), or

(b) section 256(2) of the Sentencing Code, as applied by section 221A of this Act (extended sentences for offenders aged under 18).”

59 In section 261 (length of discretionary custodial sentences: general provision), in subsection (1), for the words from “section 224A” to the end substitute “—

(a) section 273(3) or 283(3) of the Sentencing Code as a result of section 218A(1B) or (2) (life sentence for second listed offence),

(b) section 274(3) or 285(3) of the Sentencing Code as a result of section 219(1A) or (2) (life sentence for certain dangerous offenders aged 18 or over), or

(c) section 258(2) of the Sentencing Code as a result of section 221(2) (life sentence for certain dangerous offenders aged under 18).”

60 After section 261, insert—

“261A Life sentences: further provision

(1) In Chapter 8 of Part 10 of the Sentencing Code (sections 321 to 324: effect of life sentences), references to a court include the Court Martial.

(2) In section 322 of that Code as it applies in relation to a life sentence passed by the Court Martial—

(a) subsection (2)(b)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “section 246 of the Armed Forces Act 2006”;

(b) subsection (4) has effect as if, for “section 52(2)” there were substituted “section 252(1)(a) of the Armed Forces Act 2006”.

(3) In section 323 of that Code as it applies in relation to a life sentence passed by the Court Martial, subsection (2)(c)(i) has effect as if, for “section 240ZA of the Criminal Justice Act 2003” there were substituted “section 246 of the Armed Forces Act 2006”.

(4) Section 324, as it applies in relation to a sentence passed by the Court Martial, has effect as if for the definition of “life sentence” there were substituted—

• ““life sentence” means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006—

  (a)

  a sentence of imprisonment for life,

  (b)

  a sentence of detention for life or during Her Majesty’s pleasure, or

  (c)

  a sentence of custody for life;”.”

61 In section 262 (power to recommend licence conditions), for “section 238(1) of the 2003 Act” substitute “section 328 of the Sentencing Code”.

62 After section 262, insert—

“262A Conversion of sentence of detention to sentence of imprisonment

(1) In section 329 of the Sentencing Code (conversion of sentence of detention to sentence of imprisonment), “court” includes a court dealing with an offender for a service offence.

(2) In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications.

(3) In subsection (5)—

(a) paragraph (a) has effect as if, after “254,” there were inserted “passed as a result of section 221A of the Armed Forces Act 2006”;

(b) the words following paragraph (b) have effect as if, after “279” there were inserted “passed as a result of section 219A(7) of the Armed Forces Act 2006”.

(4) Subsection (7) has effect as if, for paragraphs (a) to (f) there were substituted—

“(a) a sentence of detention under section 209 of the Armed Forces Act 2006 (including one imposed under section 221 of that Act (detention for life));

(b) an extended sentence of detention under section 254 passed as a result of section 221A of the Armed Forces Act 2006;

(c) a sentence of detention during Her Majesty’s pleasure (see section 218 of the Armed Forces Act 2006);

(d) a sentence of detention in a young offender institution;

(e) an extended sentence of detention in a young offender institution (see section 219A(4) of the Armed Forces Act 2006);

(f) a sentence of custody for life (see sections 210A, 217, 218A(1B) and 219(1A) of the Armed Forces Act 2006).””

63 In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender), in subsection (3), for paragraph (a) (including the “or” at the end) substitute—

“(a) pass a custodial sentence on an offender who is aged under 21 on conviction, or”.

64 In section 269A (fines: fixing of term of imprisonment for default), in subsection (2), for “section 139(4) of the Sentencing Act” substitute “section 129(4) of the Sentencing Code”.

65 In section 269B (service compensation orders: power to set maximum term of imprisonment for default), in subsection (4), for “section 139(4) of the Sentencing Act” substitute “section 129(4) of the Sentencing Code”.

66 In section 270 (community punishments: general restrictions), in subsection (2A)—

(a) for “section 177(2A) of the 2003 Act” substitute “section 208(10) and (11) of the Sentencing Code”;

(b) for “section 178(3) and section 182(3A)” substitute “section 178(2) and 182(3)”.

67 In section 270A (exception to restrictions on community punishments), in subsection (6)—

(a) in paragraph (b), for sub-paragraph (i) substitute—

“(i) section 133 of the Sentencing Code (or section 130 of the Powers of Criminal Courts (Sentencing) Act 2000);”;

(b) in paragraph (c), for “section 161A of the 2003 Act” substitute “section 42 of the Sentencing Code (or section 161A of the 2003 Act)”.

68 In section 271 (civilian courts dealing with service offences), in subsection (2)—

(a) omit paragraph (a), and

(b) in paragraph (b), omit “other”.