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, SCHEDULE 26 is up to date with all changes known to be in force on or before 06 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

SCHEDULE 26Further amendments of the Armed Forces Act 2006

Section 411

1

The Armed Forces Act 2006 is amended as follows.

2

In section 179(3) (review of service community order imposing drug rehabilitation requirement), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

a

omit “or detention in a young offender institution” (in both places where it occurs);

b

in paragraph (a) for “6 months” substitute “
12 months
”.

3

In section 181(3) (breach, revocation or amendment of service community order), in the paragraph 5A treated as inserted into Schedule 10 to the Sentencing Code, in sub-paragraph (2)—

a

omit “or detention in a young offender institution”;

b

for “6 months” substitute “
12 months
”.

4

In section 203(4) (review of suspended sentence order with community requirements), in the sub-paragraph (5A) treated as inserted into paragraph 22 of Schedule 9 to the Sentencing Code—

a

omit “or detention in a young offender institution” (in both places where it occurs);

b

in paragraph (a) for “6 months” substitute “
12 months
”.

5

In paragraph 13 of Schedule 7 (suspended sentence orders: breach or amendment; effect of further conviction), in the sub-paragraph (8A) treated as inserted into paragraph 25 of Schedule 16 to the Sentencing Code—

a

omit “or detention in a young offender institution” (in both places where it occurs);

b

in paragraph (a) for “6 months” substitute “
12 months
”.

6

In section 208 (prohibition on imposing imprisonment on people under a certain age)—

a

for “21” substitute “
18
”;

b

in the heading for “21” substitute “
18
”.

7

In section 209 (offenders under 18 convicted of certain serious offences: power to detain for specified period), in subsections (2)(a) and (6), for “21” substitute “
18
”.

8

Omit sections 210A and 210B.

9

In section 211 (offenders under 18: detention and training orders), in subsection (1)(a), for “21 or over” substitute “
18 or over
”.

10

In section 212 (term of detention and training order: general), in subsections (1)(b) and (2)(c), for “21” substitute “
18
”.

11

In section 217 (mandatory life imprisonment), for subsections (2) to (4) substitute—

2

The court must sentence the offender to imprisonment for life unless they are liable to be detained under section 218 (offences committed when offender aged under 18).

12

F61

In section 218A (life sentence for second listed offence)—

a

omit subsection (1B);

b

in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

c

in subsection (3), in the opening words—

i

for “sections 273(3)(a) and 283(3)(a)” substitute “
section 283(3)(a)
”;

ii

for “subsections (1B) and (2)” substitute “
subsection (2)
”;

d

in subsection (4), omit “or, in the case of an offender aged under 21 on conviction, a sentence of detention in a young offender institution for 10 years or more,”;

F1da

in subsection (6), for “(12)” in each place substitute “(12A)”;

db

after that subsection insert—

6A

In sections 273 and 283 of that Code as applied for the purpose of this section, subsection (12A) has effect as if—

a

for “index offence” there were substituted “offence under section 42”;

b

for “section 397(5)” there were substituted “section 377(8) of the Armed Forces Act 2006”.

dc

in subsection (6A) (as to be inserted by paragraph (db)), omit “section 273 and”;

e

in subsection (6), omit “section 273(5)(b) of the Sentencing Code (see subsections (7) to (12) of that section) or”;

f

in subsection (7), omit “273(3) or”.

F52

In sub-paragraph (1)—

a

in paragraph (da), if it has not already come into force, omit “in each place”;

b

in paragraph (e), for “(12)” substitute “(12A)”.

13

In section 219 (life sentence for certain dangerous offenders aged 18 or over)—

a

omit subsection (1A);

b

in subsection (2), omit “Where the offender is 21 or over when convicted of the offence under section 42,”;

c

in subsection (3), for “sections 274(3) and 285(3) of the Sentencing Code (as applied by subsections (1A) and (2))” substitute “
section 285(3) of the Sentencing Code (as applied by subsection (2))
”;

d

in subsection (5), omit “section 274 or”.

14

In section 219A (extended sentence for certain violent or sexual offenders aged 18 or over)—

a

in subsection (1), in paragraph (d), omit sub-paragraphs (i) and (iii);

F4aa

in subsection (2), for “Schedule 14 to the Sentencing Code” substitute “Part 1, 2, or 3 of Schedule 14 to the Sentencing Code”;

bb

after that subsection insert—

2A

But if the proceedings for the offence under section 42 were instituted before IP completion day (see section 377(8)), Condition A is that, when the offence was committed, the offender had been convicted of an offence listed in Part 1, 2, 3, or 3A of Schedule 14 to the Sentencing Code.

b

in subsection (3), omit “an extended sentence of detention in a young offender institution or”;

c

omit subsections (4) to (6);

d

in subsection (7), omit “Where the offender is 21 or over when convicted of the offence under section 42,”.

15

In section 224A (special custodial sentence for certain offenders of particular concern)—

a

in subsection (1)(d)—

i

in sub-paragraph (i), omit “or custody”;

ii

in sub-paragraph (ii), for “detention or imprisonment under section 266 or 279” substitute “
imprisonment under section 279
”;

b

omit subsection (2);

c

in subsection (2A), omit paragraph (b) (and the word “and” preceding it);

d

in subsection (3), omit “, (2)”.

F215A

In section 225 (third drug trafficking offence), after subsection (1) insert—

1A

For this purpose, section 313 of that Code has effect as if the reference in subsection (3A) to section 397(5) of that Code were to section 377(8) of this Act.

F215B

In section 226 (third domestic burglary), after subsection (1) insert—

1A

For this purpose, section 314 of that Code has effect as if the reference in subsection (3A) to section 397(5) of that Code were to section 377(8) of this Act.

16

In section 227A (offences of threatening with a weapon in public or on school premises)—

a

omit subsection (1A);

b

in subsection (2), omit “Where the offender is aged 21 or over at the time of conviction,”.

17

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

a

in paragraph (b)—

i

omit “273(3) or”, and

ii

omit “(1B) or”;

b

in paragraph (ba)—

i

omit “274(3) or”, and

ii

omit “(1A) or”;

c

in paragraph (c), omit “(1A) or”.

18

In section 239 (reduction in sentences for guilty pleas), in subsection (6), omit “(1A) or” in both places it occurs.

19

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

a

in subsection (1)—

i

in paragraph (b)—

a

omit “273(3) or”, and

b

omit “(1B) or”;

ii

in paragraph (c)—

a

omit “274(3) or”, and

b

omit “(1A) or”;

iii

in paragraph (h), omit “(1A) or”;

b

in subsection (4B), in paragraph (a), omit “268(2) or”.

20

In section 261 (length of discretionary custodial sentences: general provision), in subsection (1)—

a

in paragraph (a)—

i

omit “273(3) or”, and

ii

omit “(1B) or”;

b

in paragraph (b)—

i

omit “274(3) or”, and

ii

omit “(1A) or”.

21

In section 262A (conversion of sentence of detention to sentence of imprisonment), in subsection (4) omit the paragraphs (d), (e) and (f) treated as substituted in subsection (7) of section 329 of the Sentencing Code.

22

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 sentence of detention under section 209 or 218 (young offenders’ detention), or

23

In section 273 (review of unduly lenient sentence by Court Martial Appeal Court), in subsection (6)(b)—

a

in sub-paragraph (i)—

i

omit “273(3) or”, and

ii

omit “(1B) or”;

b

in sub-paragraph (ii)—

i

omit “274(3) or”, and

ii

omit “(1A) or”;

c

in sub-paragraph (vii), omit “(1A) or”.

24

In section 283 (imprisonment: maximum term)—

a

in subsection (1), for “6 months” substitute “
12 months
”;

b

in subsection (2), for “12 months” substitute “
65 weeks
”;

c

omit subsection (3).

25

In section 305 (random drug testing), in subsection (5), for “six months” substitute “
51 weeks
”.

F326

In section 377, at the end insert—

8

A reference to the institution of proceedings in, or in a provision applied by, section 218A, 219A, 225 or 226 is to a charge being brought under Chapter 2 of Part 5.