SCHEDULES

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

PART 6EU Exit

I187

F11

In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or” immediately before it).

F22

After subsection (2) insert—

2A

But the compulsory referral conditions are not met if—

a

the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

b

the offender has previously been convicted by or before a court in a member State of any offence