Sentencing and rehabilitation

Removal of requirement to take into account offences in member States
17
1
AFA 2006 is amended as follows.
2
In section 238 (deciding the seriousness of an offence)—
a
in subsection (3)—
i
in paragraph (a) at the end insert “or”;
ii
omit paragraphs (c) and (d);
b
for subsection (4) substitute—
4
Nothing in this section prevents the court or officer from treating a previous conviction by a court outside the British Islands as an aggravating factor in any case where the court or officer considers it appropriate to do so.
;
c
omit subsection (5).
3
In section 263 (restriction on imposing custodial sentence or service detention on unrepresented offender)—
a
in subsection (2)(b) omit the words from “, or sentenced to detention” to the end;
b
in subsection (6) omit paragraphs (c) and (d).
4
In section 270A (exception to restrictions on community punishments)—
a
in subsection (3)—
i
in paragraph (a) omit “, or member State service offence,” and at the end insert “or”;
ii
in paragraph (b) omit “or”;
iii
omit paragraph (c);
b
omit subsection (8).
5
In section 415 of the Sentencing Act 2020 (armed forces provisions: extent to Channel Islands, Isle of Man and British overseas territories), after subsection (6) insert—
7
In subsection (6) references to this Act include this Act as amended by the Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520).