Legislation – Sentencing Act 2020

in paragraph (d), for “section 222(1)(d) or (e) of the Criminal Justice Act 2003” substitute “
section 394(1)(d) or (e) of the Sentencing Code
”;

in paragraph (e), for “section 103(6)(b) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 242(4)(b) of the Sentencing Code
”.

in the definition of “sexual offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “
Schedule 18 to the Sentencing Code
”;

in the definition of “terrorism offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “
Schedule 18 to the Sentencing Code
”;

in the definition of “violent offence”, for “Schedule 15 to the Criminal Justice Act 2003” substitute “
Schedule 18 to the Sentencing Code
”.

for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “
the meaning given by section 200 of the Sentencing Code
”;

for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
the meaning given by section 173 of that Code
”.

for “This section applies” substitute “
Subsections (2) to (5) apply
”;

in paragraph (a), after “convicted” insert “
in Scotland
”.

in paragraph (a), for the words after “has been taken under” substitute “
paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code; or
”;

in paragraph (b)(i), for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
the meaning given by section 173 of the Sentencing Code
”;

in paragraph (b)(ii), for the words after “has been remanded under” substitute “
paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code; or
”.

in paragraph (a), for the words after “made the arrangements under” substitute “
paragraph 4(2)(a) of Schedule 4, paragraph 7(2)(a) of Schedule 5 or paragraph 24(2)(a) of Schedule 7 to the Sentencing Code;
”;

in paragraph (b), for “paragraph 17(5) of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “
paragraph 24(3)(b) of Schedule 6 to the Sentencing Code
”;

in paragraph (c), for the words after “designated under” substitute “
paragraph 5 of Schedule 4, paragraph 8 of Schedule 5 or paragraph 25 of Schedule 7 to the Sentencing Code;
”.

for “This section applies” substitute “
Subsections (2) to (8) apply
”;

in paragraph (a), after “court” insert “
in Scotland or Northern Ireland
”.

in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “
or section 42 of the Sentencing Code
”;

in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “
or section 46 of the Sentencing Code
”.

after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “
, under section 250 or 259 of the Sentencing Code
”;

after “under section 91 of the said Act of 2000” insert “
or section 250 of that Code
”.

in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “
Chapter 2 of Part 9 of the Sentencing Code
”;

in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
Chapter 1 of Part 9 of the Sentencing Code
”;

in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 250 of the Sentencing Code
”;

in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
within the meaning given by section 233 of the Sentencing Code
”;

in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
Chapter 1 of Part 6 of the Sentencing Code
”;

in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “
or Chapter 2 of Part 6 of the Sentencing Code
”.

if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before F11 December 2020, as set out in sub-paragraphs (2) and (3);

if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).

after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “
, under section 250 or 259 of the Sentencing Code
”;

after “under section 91 of the said Act of 2000” insert “
or section 250 of that Code
”.

in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “
or Chapter 1 of Part 6 of the Sentencing Code
”;

in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “
or paragraph 15 of Schedule 4 to the Sentencing Code
”;

in sub-paragraph (3)(b), for “Part 12 of the Criminal Justice Act 2003” substitute “
Chapter 2 of Part 9 of the Sentencing Code
”;

in sub-paragraph (4)(b), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
Chapter 1 of that Part 9
”.

in sub-paragraph (3)(a), for “Part 12 of the Criminal Justice Act 2003 (so far as relating to such orders)” substitute “
Chapter 2 of Part 9 of the Sentencing Code
”;

in sub-paragraph (3)(aa), for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
Chapter 1 of that Part
”;

in the definition of “community order”, for “section 177 of the Criminal Justice Act 2003” substitute “
Chapter 2 of Part 9 of the Sentencing Code
”;

in the definition of “youth rehabilitation order”, for “section 1 of the Criminal Justice and Immigration Act 2008” substitute “
Chapter 1 of Part 9 of the Sentencing Code
”.

for “the meaning of Part 12 of the Criminal Justice Act 2003” substitute “
the meaning given by section 200 of the Sentencing Code
”;

for “the meaning of Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
the meaning given by section 173 of that Code
”.

in paragraph (a), for “under section 207 of the Criminal Justice Act 2003” substitute “
within the meaning given by paragraph 16 of Schedule 9 to the Sentencing Code
”;

in paragraph (b), for “under paragraph 20 of Schedule 1 to the Criminal Justice and Immigration Act 2008” substitute “
within the meaning given by paragraph 28 of Schedule 6 to that Code
”.

in paragraph (c), for “an order specified in subsection (3B)” substitute “
a minimum term order made under section 321 of the Sentencing Code
”;

omit paragraph (d) and the preceding “and”.

in paragraph (a), for “section 6 of the Powers of Criminal Courts (Sentencing) Act 2000 or any enactment mentioned in subsection (4) of that section” substitute “
section 20 of the Sentencing Code or any enactment mentioned in subsection (1) of that section
”;

in paragraph (b), for “section 10 of that Act” substitute “
section 28 of that Code
”.

in paragraph (a), for “section 82A(2) of the Powers of Criminal Courts (Sentencing) Act 2000 (life sentence: determination of tariffs)” substitute “
section 321(2) of the Sentencing Code (life sentence: minimum term order)
”;

in paragraph (b), for “under section 100 of that Act” substitute “
within the meaning given by section 233 of that Code
”;

omit paragraph (g).

at the end of paragraph (a) insert “
or
”;

in the definition of “custodial sentence”, for “section 76 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 222 of the Sentencing Code
”;

in the definition of “suspended sentence”, for “section 189 of the Criminal Justice Act 2003” substitute “
section 286 of the Sentencing Code
”.

in sub-paragraph (ia), for “paragraph 4 of Schedule 1 or paragraph 6 of Schedule 8 to the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
paragraph 5 of Schedule 4 or paragraph 7 of Schedule 5 to the Sentencing Code
”;

in sub-paragraph (ii), for “paragraph 21 of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “
paragraph 25 of Schedule 7 to that Code
”.

for “section 199(2)(b) of the Criminal Justice Act 2003, as substituted by paragraph 3” substitute “
paragraph 3B(1)(b)(ii)
”;

for “section 200(2) of the Criminal Justice Act 2003 (as substituted by paragraph 3)” substitute “
paragraph 3A(1)(b)
”.

for “paragraph 9(1)(b) or (c) or 13(2) of Schedule 8 to the Criminal Justice Act 2003” substitute “
paragraph 10(5)(c) or (d) or 14(5) of Schedule 10 to the Sentencing Code
”;

for “paragraph 6(2)(c) or 11(2) of Schedule 2 to the Criminal Justice and Immigration Act 2008” substitute “
paragraph 6(5)(c) or 12(5) of Schedule 7 to that Code
”.

for “Part 12 of the Criminal Justice Act 2003” substitute “
Chapter 2 of Part 9 of the Sentencing Code
”;

for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “
Chapter 1 of that Part
”;

in paragraph (a), for “that Act” substitute “
that Part
”.

omit the definitions of “the 2003 Act” and “the 2008 Act”;

in paragraph (a) of the definition of “corresponding order”, for “the meaning of Part 1 of the 2008 Act” substitute “
the meaning given by section 173 of the Sentencing Code
”;

in paragraph (b) of that definition, for “the meaning of Part 12 of the 2003 Act” substitute “
the meaning given by section 200 of that Code
”;

in paragraph (a) of the definition of “relevant area” omit “(within the meaning given by section 7(1) of the 2008 Act)”;

in paragraph (a) of the definition of “relevant service”, for “a youth offending team within the meaning given by section 7(1) of the 2008 Act” substitute “
a team established under section 39 of the Crime and Disorder Act 1998 (youth offending teams)
”;

in paragraph (a) of the definition of “responsible officer”, for “section 4 of the 2008 Act” substitute “
section 191 of the Sentencing Code
”;

in paragraph (b) of that definition, for “section 197 of the 2003 Act” substitute “
section 213 of that Code
”.

in paragraph (a), after “a court” insert “
in Northern Ireland
”;

omit paragraph (b) and the preceding “or”.

in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code
”;

in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code
”;

in sub-paragraph (8)(c), for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 247 of the Sentencing Code
”;

in sub-paragraph (12), for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 247 of the Sentencing Code
”.

in sub-paragraph (2)(a), for “sections 102 to 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
sections 241, 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code
”;

in sub-paragraph (4)(a), for “sections 103 and 104 and 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
sections 242 and 247 of, and paragraphs 2 and 3 of Schedule 12 to, the Sentencing Code
”;

in the definition of “prison”, for “section 107(1) of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 248(1) of the Sentencing Code
”;

in the definition of “sentence of imprisonment”, after “section 93 or 94 of the Powers of Criminal Courts (Sentencing) Act 2000)” insert “
or section 272 or 275 of the Sentencing Code
”;

in paragraph (d) of the definition of “supervision”, for “section 106B of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 247 of the Sentencing Code
”.

at the end of paragraph (aa), insert “
or
”;

in paragraph (b), for “, an order is made under section 22 of that Act or a” substitute “
or a criminal behaviour order or
”.

for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 248 of the Sentencing Code
”;

for “that Act or” substitute “
the Powers of Criminal Courts (Sentencing) Act 2000, detention and training orders within the meaning given by section 233 of the Sentencing Code, orders under paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code or orders under
”.

for “section 107 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 248 of the Sentencing Code
”;

after “a determination under” insert “
section 241(1) of that Code, paragraph 3(2)(a) or 7(2) of Schedule 12 to that Code,
”;

for “that Act” substitute “
the Powers of Criminal Courts (Sentencing) Act 2000
”.

for “subsection (1) of section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 249(1)(a) or (b) of the Sentencing Code
”;

for “subsection (3) of that section” substitute “
section 251(2) of that Code
”.

for “of section 224 of the Criminal Justice Act 2003” substitute “
given by section 306 of the Sentencing Code
”;

for “the criteria for the imposition of a sentence under section 226B of that Act” substitute “
the criteria in section 255(1) of that Code for the imposition of an extended sentence of detention
”.

for “section 3 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 14 of the Sentencing Code
”;

for “subsection (2)” substitute “
subsection (1)(b)
”.

for “section 224 of the Criminal Justice Act 2003” substitute “
section 306 of the Sentencing Code
”;

for “section 3A of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “
section 15 of the Sentencing Code
”;

for “subsection (2)” substitute “
subsection (1)(b)
”.

for “imposes a fine on any person or forfeits his recognizance” substitute “
forfeits a person’s recognizance
”;

in paragraph (a) omit “the amount of the fine or”;

in paragraph (c) omit “in the case of a recognizance,”.

for “imposes a fine on any person or forfeits his recognizance” substitute “
forfeits a person’s recognizance
”;

omit “(but this subsection does not apply where the court imposes a fine on an offender who was aged under 18 at the time of conviction)”.

omit “a fine imposed or”;

omit “fine or other”;

omit “imposed or”;

omit the words after paragraph (b).

omit “fine imposed by, or”;

omit “85(1) or”.

omit “fine or other”;

omit “as having been imposed by a magistrates’ court, or”;

for “such a court” substitute “a magistrates’ court”.

in paragraph (a), for “section 21A of the Prosecution of Offences Act 1985” substitute “
section 46 of the Sentencing Code
”;

in paragraph (c), for “section 143 of the Sentencing Act” substitute “
Chapter 4 of Part 7 of the Sentencing Code
”.

in paragraph (a), for “section 130 of the Sentencing Act” substitute “
Chapter 2 of Part 7 of the Sentencing Code
”;

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

in paragraph (d), for “of the Sentencing Act” substitute “
of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code
”;

in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “
or section 42 of the Sentencing Code
”.

for “of the Sentencing Act” substitute “
of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code
”;

after “section 161A of the Criminal Justice Act 2003” insert “
or section 42 of the Sentencing Code
”.

in paragraph (d), for “section 130 of the Sentencing Act” substitute “
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code
”;

in paragraph (da), after “section 161A of the Criminal Justice Act 2003” insert “
or section 42 of that Code
”.

for “section 130 of the Sentencing Act” substitute “
section 130 of the Powers of Criminal Courts (Sentencing) Act 2000 or Chapter 2 of Part 7 of the Sentencing Code
”;

after “section 161A of the Criminal Justice Act 2003” insert “
or section 42 of the Sentencing Code
”.

for “subsection (9) of section 139 of the Sentencing Act” substitute “
subsection (2) of section 129 of the Sentencing Code
”;

for “subsections (2) to (4)” substitute “
subsections (3) to (5)
”;

in paragraph (a), for “subsections (2) and (3)” substitute “
subsections (3) and (5)
”.

in paragraph (a), for “section 189(1) of the Criminal Justice Act 2003” substitute “
section 264 or 277 of the Sentencing Code
”;

in paragraph (c), for “section 139(2) of the Sentencing Act” substitute “
section 129(3) of the Sentencing Code
”.

after “103E” insert “
of this Act, or an application under section 350 of the Sentencing Code,
”;

in sub-paragraph (ii), after “103E(7)” insert “
of this Act, or section 350(7) of the Sentencing Code,
”;

in sub-paragraph (iii), after “103E” insert “
of this Act or section 350 of the Sentencing Code
”.

after “103E” insert “
of this Act, or an application under section 350 of the Sentencing Code,
”;

in sub-paragraph (ii), after “103E” insert “
of this Act or section 350 of the Sentencing Code
”.

for “the Sentencing Act or under” substitute “
the PCC(S)A 2000, under
”;

after “of this Act” insert “
or under section 250, 254, 262, 265, 266, 278 or 279 of the Sentencing Code
”.

in paragraph (b), for “section 91 of the Sentencing Act” substitute “
section 91 of the PCC(S)A 2000 or section 250 of the Sentencing Code
”;

in paragraph (ba), after “section 226A of this Act” insert “
or section 266 or 279 of the Sentencing Code
”;

in paragraph (bb), after “section 226B of this Act” insert “
or section 254 of the Sentencing Code
”;

in paragraph (e), after “section 236A of this Act” insert “
or section 265 or 278 of the Sentencing Code
”.

for “the Sentencing Act or” substitute “
the PCC(S)A 2000, under
”;

after “of this Act” insert “
or under section 262, 265 or 266 of the Sentencing Code
”.

for “This section applies” substitute “
Subsection (2) applies
”;

in paragraph (a), after “in respect of an offence” insert “
of which the offender was convicted before F31 December 2020
”.

after “a direction under section 240A” insert “
or under section 325 of the Sentencing Code
”;

after “the direction under section 240A” insert “
or under section 325 of the Sentencing Code
”.

in paragraph (a), after “under section 226A, 227, 228 or 236A” insert “
or under section 265, 266, 278 or 279 of the Sentencing Code
”;

in paragraph (d), after “paragraph 9(1)(b) or (c) or 10(1)(b) or (c) of Schedule 8” insert “
, or paragraph 10(5)(c) or (d) or 11(2)(c) or (d) of Schedule 10 to the Sentencing Code,
”;

in paragraph (ha), for “the Sentencing Act” substitute “
the PCC(S)A 2000
”;

in paragraph (i), after “section 240A” insert “
or under section 325 of the Sentencing Code
”.

in paragraph (c), after “that Act” insert “
or section 69 of the Sentencing Code as applied by section 238(6) of the Armed Forces Act 2006
”.

after “a sentence imposed under section 226A, 227 or 236A” insert “
or under section 278 or 279 of the Sentencing Code
”;

for “the Sentencing Act or” substitute “
the PCC(S)A 2000, under section 250, 254, 262, 265 or 266 of the Sentencing Code or under
”.

in paragraph (a), after “under section 226A or 226B” insert “
or under section 254, 266 or 279 of the Sentencing Code
”;

in paragraph (b), after “under section 236A” insert “
or under section 265 or 278 of the Sentencing Code
”.

in paragraph (b), for “section 226A or 226B” substitute “
section 254, 266 or 279 of the Sentencing Code
”;

in paragraph (ba), for “section 236A” substitute “
section 265 or 278 of that Code
”.

in sub-paragraph (i), for “section 199” substitute “
paragraph 1 of Schedule 9 to the Sentencing Code
”;

in sub-paragraph (ii), for “section 204” substitute “
paragraph 9 of that Schedule
”.

in paragraph (a), after “under section 226A or 226B” insert “
or under section 254, 266 or 279 of the Sentencing Code
”;

in paragraph (c), after “under section 236A” insert “
or under section 265 or 278 of the Sentencing Code
”.

for “228,” substitute “
228 of this Act or section 254, 266 or 279 of the Sentencing Code,
”;