SCHEDULES

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

PART 6EU Exit

I196

1

Schedule 15 (life sentence for second offence: listed offences), F2... is amended as follows.

F12

In paragraph 20—

a

for “, Northern Ireland or a member State other than the United Kingdom” substitute “or Northern Ireland”;

b

omit “This is subject to paragraph 23”.

3

Omit paragraphs 21 to 23.

4

In the heading F4of Part 4, for the words following “Scotland” substitute “ or Northern Ireland. ”

F35

After Part 4 insert—

Part 4APROCEEDINGS INSTITUTED BEFORE IP COMPLETION DAY: OFFENCES UNDER THE LAW OF A MEMBER STATE

23A

If the proceedings for the index offence were instituted before IP completion day (see section 397(5))—

a

a civilian offence for which the person was convicted in a member State and which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule;

b

a member State service offence which, if committed in England and Wales at the time of the conviction, would have constituted an offence specified in Part 1 or 2 of this Schedule.

This is subject to paragraph 23C.

23B

Where the index offence was committed before 13 April 2015, this Part of this Schedule has effect—

a

as if, in paragraph 23A, the reference to a civilian offence were to an offence, and

b

with the omission of paragraphs 23A(b).

6

In paragraph 24(1) of Part 5 insert—

  • “civilian offence” means an offence other than an offence described in Part 2 of this Schedule or a member state service offence;

  • “member State service offence” means an offence which was the subject of proceedings under the law of a member State governing all or any of the naval, military or air forces of that state.