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Sentencing Act 2020

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Sentencing Act 2020, Section 399 is up to date with all changes known to be in force on or before 05 October 2022. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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Changes and effects yet to be applied to Section 399:

  • s. 399(b) words omitted by 2020 c. 17 Sch. 22 para. 73(a) (This amendment not applied to legislation.gov.uk. Sch. 22 para. 36 substituted (29.6.2021) by 2021 c. 11, s. 50(2)(v)(ii), Sch. 13 para. 11(20)(l))
  • s. 399(b) words omitted by virtue of 2020 c. 17, Sch. 22 para. 73(a)(i) (as substituted) by 2021 c. 11 Sch. 13 para. 11(20)(l)
  • s. 399(b)(i) amendment to earlier affecting provision 2020 c. 17, Sch. 22 para. 73(a)(ii) by 2022 c. 32 s. 3(15)(b)
  • s. 399(b)(i) word omitted by 2020 c. 17 Sch. 22 para. 73(b) (This amendment not applied to legislation.gov.uk. Sch. 22 para. 36 substituted (29.6.2021) by 2021 c. 11, s. 50(2)(v)(ii), Sch. 13 para. 11(20)(l))
  • s. 399(b)(i) word omitted by virtue of 2020 c. 17, Sch. 22 para. 73(a)(ii) (as substituted) by 2021 c. 11 Sch. 13 para. 11(20)(l)
  • s. 399(b)(ii) words omitted by 2020 c. 17 Sch. 22 para. 73(c) (This amendment not applied to legislation.gov.uk. Sch. 22 para. 36 substituted (29.6.2021) by 2021 c. 11, s. 50(2)(v)(ii), Sch. 13 para. 11(20)(l))
  • s. 399(b)(ii) words omitted by virtue of 2020 c. 17, Sch. 22 para. 73(a)(iii) (as substituted) by 2021 c. 11 Sch. 13 para. 11(20)(l)
  • s. 399(ba) words omitted by virtue of 2020 c. 17, Sch. 22 para. 73(b) (as substituted) by 2021 c. 11 Sch. 13 para. 11(20)(l)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

399Mandatory sentencesE+W

For the purposes of this Code, where a court is dealing with an offender for an offence, a mandatory sentence requirement applies in relation to the offence if—

(a)the offence is one for which the sentence is fixed by law,

(b)the court is obliged by one of the following provisions to pass a sentence of detention for life, custody for life or imprisonment for life—

(i)section [F1258, 258A, 274, 274A, 285 or 285A] (life sentence for certain F2... offenders);

(ii)section 273 or 283 (life sentence for second listed offence),

[F3(ba)the court is obliged by section 268B or 282B to impose a serious terrorism sentence,] or

(c)a sentence is required by one of the following provisions and the court is not of the opinion mentioned in that provision—

(i)section 311(2) (minimum sentence for certain offences involving firearms that are prohibited weapons);

(ii)section 312(2) [F4or (2A)] (minimum sentence for offence of threatening with weapon or bladed article);

(iii)section 313(2) [F5or (2A)] (minimum sentence of 7 years for third class A drug trafficking offence);

(iv)section 314(2) [F6or (2A)] (minimum sentence of 3 years for third domestic burglary);

(v)section 315(2) [F7or (2A)] (minimum sentence for repeat offence involving weapon [F8or corrosive substance] or bladed article).

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