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.