87 [F1(1)] 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).E+W
[F2(2)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”.]
Textual Amendments
F1Sch. 22 para. 87 renumbered as Sch. 22 para. 87(1) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(3)(a)
F2Sch. 22 para. 87(2) inserted (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(3)(b)
Commencement Information
I1Sch. 22 para. 87 in force at 31.12.2020, see s. 417(9)