Sentencing Act 2020

Rehabilitation of Offenders Act 1974 (c. 53) E+W

31 (1) Section 1 of the Rehabilitation of Offenders Act 1974 is amended as follows. E+W

(2) In subsection (3)—

(a) in paragraph (za), after “section 161A of the Criminal Justice Act 2003” insert “ or section 42 of the Sentencing Code ”;

(b) in paragraph (c), after “section 21A of the Prosecution of Offences Act 1985” insert “ or section 46 of the Sentencing Code ”.

(3) In subsection (4), for “section 14 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 82 of the Sentencing Code ”.

Commencement Information

I1 Sch. 24 para. 31 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

32 (1) Section 5 of that Act, as it extends to England and Wales, is amended as follows. E+W

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (7)(e), after “section 104(3) of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 3(2) of Schedule 12 to the Sentencing Code ”.

(5) In subsection (8)—

(a) in paragraph (a) of the definition of “community or youth rehabilitation order”, for “section 177 of the Criminal Justice Act 2003” substitute “ Chapter 2 of Part 9 of the Sentencing Code ”;

(b) in paragraph (c) of that definition, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”;

(c) in paragraph (f) of the definition of “custodial sentence”, for “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ section 250 of the Sentencing Code ”;

(d) in paragraph (g) of that definition, for “under section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ within the meaning given by section 233 of the Sentencing Code ”;

(e) in paragraph (e) of the definition of “relevant order”, for “section 16 of the Powers of Criminal Courts (Sentencing) Act 2000” substitute “ Chapter 1 of Part 6 of the Sentencing Code ”;

(f) in the words after paragraph (g) of that definition, after “section 73 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 2 of Part 6 of the Sentencing Code ”.

Commencement Information

I2 Sch. 24 para. 32 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

33 (1) Section 5 of that Act, as it extends to Scotland, is amended— E+W

(a) if section 18 of the Management of Offenders (Scotland) Act 2019 (asp 14) (the “2019 Act”) does not come into force on or before [F1 1 December 2020], as set out in sub-paragraphs (2) and (3);

(b) if section 19 of the 2019 Act does not come into force on or before that date, as set out in sub-paragraphs (4) to (10).

(2) In subsection (1)(d)—

(a) after “under section 90 or 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ , under section 250 or 259 of the Sentencing Code ”;

(b) after “under section 91 of the said Act of 2000” insert “ or section 250 of that Code ”.

(3) In subsection (1)(f), after “228 of that Act” insert “ or section 254, 266 or 279 of the Sentencing Code ”.

(4) In subsection (2), in Table B, in the fourth entry, after “under section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

(5) In subsection (4A), after “section 177 of the Criminal Justice Act 2003” insert “ or Chapter 2 of Part 9 of the Sentencing Code ”.

(6) In subsection (4B)—

(a) in the opening words, after “the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or Chapter 1 of Part 6 of the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(7) In subsection (4C)—

(a) in the opening words, after “paragraph 11 or 12 of Schedule 1 to the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or paragraph 15 of Schedule 4 to the Sentencing Code ”;

(b) in paragraph (a)—

(i) after “section 23 of that Act” insert “ or section 96 of that Code ”;

(ii) after “section 24 of that Act” insert “ or section 97 of that Code ”.

(8) In subsection (5)(da), after “Part 1 of the Criminal Justice and Immigration Act 2008” insert “ or Chapter 1 of Part 9 of the Sentencing Code ”.

(9) In subsection (6A), after “section 100 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 233 of the Sentencing Code, ”.

(10) In subsection (9)(b), after “section 91 of the Powers of Criminal Courts (Sentencing) Act 2000” insert “ or section 250 of the Sentencing Code ”.

Textual Amendments

F1 Words in Sch. 24 para. 33(1)(a) substituted (1.12.2020) by The Sentencing Act 2020 (Commencement No. 1) Regulations 2020 (S.I. 2020/1236), regs. 1, 4(7)(a)

Commencement Information

I3 Sch. 24 para. 33 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

34 E+W In section 7(2)(d) of that Act, for “Part 1 of the Criminal Justice and Immigration Act 2008” substitute “ Chapter 1 of Part 9 of the Sentencing Code ”.

Commencement Information

I4 Sch. 24 para. 34 in force at 1.12.2020 by S.I. 2020/1236, reg. 2