Legislation – Sentencing Act 2020

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Introduction

SCHEDULES

SCHEDULE A1 Offences where terrorist connection not required to be considered

SCHEDULE 1 Offences committed before the commencement of section 1 of the Counter-Terrorism and Sentencing Act 2021
where terrorist connection to be considered

SCHEDULE 2 Order for conditional discharge: commission of further offence

SCHEDULE 3 Youth offender contract: programme of behaviour

SCHEDULE 4 Referral order: further court proceedings

SCHEDULE 5 Breach, revocation and amendment of reparation order

SCHEDULE 6 Youth rehabilitation orders: requirements

SCHEDULE 7 Breach, revocation or amendment of youth rehabilitation order

SCHEDULE 8 Transfer of youth rehabilitation orders to Northern Ireland

SCHEDULE 9 Community orders and suspended sentence orders: requirements

SCHEDULE 10 Breach, revocation or amendment of community order

SCHEDULE 11 Transfer of community orders to Scotland or Northern Ireland

SCHEDULE 12 Detention and training order: breach of supervision requirements and further offences

SCHEDULE 13 Special sentence for offenders of particular concern: offences

SCHEDULE 14 Extended sentences: the earlier offence condition: offences

SCHEDULE 15 Life sentence for second offence: listed offences

SCHEDULE 16 Breach or amendment of suspended sentence order, and effect of further conviction

SCHEDULE 17 Transfer of suspended sentence orders to Scotland or Northern Ireland

SCHEDULE 17A Serious terrorism offences

SCHEDULE 18 Specified offences for purposes of section 306

SCHEDULE 19 Schedule 19 offences

SCHEDULE 20 Detention under section 250 and minimum sentences: firearms offences

SCHEDULE 21 Determination of minimum term in relation to mandatory life sentence for murder etc

SCHEDULE 22 Amendments of the Sentencing Code and related amendments of other legislation

SCHEDULE 23 Powers to amend the Sentencing Code

SCHEDULE 24 Consequential amendments

SCHEDULE 25 Amendments to the Armed Forces Act 2006

SCHEDULE 26 Further amendments of the Armed Forces Act 2006

SCHEDULE 27 Transitional provisions and savings

SCHEDULE 28 Repeals and revocations

SCHEDULE 29 Repeals and revocations for England and Wales

Changes to legislation:

Sentencing Act 2020, Paragraph 19 is up to date with all changes known to be in force on or before 09 May 2024. 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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SCHEDULES

PART 4Community sentences

Community orders and youth rehabilitation orders for persistent offenders: amendments relating to offences in other member States

19

1

Section 397A (offenders fined at least three times: interpretation), inserted by paragraph 15, is amended as follows.

F11A

After subsection (3) insert—

3A

Where the court is dealing with the offender for an offence for which the proceedings were instituted before IP completion day (see section 397(5)), the reference in each of the relevant provisions to conviction by a court in the United Kingdom of an offence includes a reference to conviction by a court in a member State of a relevant offence.

2

In subsection (4)(a)—

a

in sub-paragraph (i), omit “within the meaning of the Armed Forces Act 2006”;

b

after that sub-paragraph (but before the “or” at the end of it) insert—

ia

a member State service offence,

3

In subsection (5), after “subsection (4)” insert “
(other than proceedings for a member State service offence)
”.

4

After subsection (5) insert—

6

For the purposes of the relevant provisions, an offence is “relevant” if the offence would constitute an offence under the law of any part of the United Kingdom if it were done there at the time of the conviction of the offender for the current offence.

7

In subsections (4) and (5)—

  • “member State service offence” means an offence which—

    1. a

      was the subject of proceedings under the service law of a member State other than the United Kingdom, and

    2. b

      would constitute an offence under the law of any part of the United Kingdom, or a service offence, if it were done in any part of the United Kingdom, by a member of Her Majesty’s forces, at the time of the conviction of the offender for the current offence;

  • “Her Majesty’s forces” has the same meaning as in the Armed Forces Act 2006;

  • “service law”, in relation to a member State other than the United Kingdom, means the law governing all or any of the naval, military or air forces of that State;

  • “service offence” has the same meaning as in the Armed Forces Act 2006.