Sentencing Act 2020

15 (1) Section 188 (consecutive sentences) is amended as follows.

(2) In subsection (2)—

(a) after paragraph (a) insert—

“(aa) a determinate sentence of detention in a young offender institution;”;

(b) in paragraph (c), for “section 226B of the 2003 Act” substitute “section 254 of the Sentencing Code”.

(3) In subsection (4)—

(a) after paragraph (a) insert—

“(aa) a determinate sentence of detention in a young offender institution passed in respect of a service offence or by a civilian court in England and Wales;”;

(b) in paragraph (b), for “section 91 of the Sentencing Act” substitute “section 250 of the Sentencing Code”;

(c) after paragraph (b) insert—

“(ba) a sentence of detention under section 254 of the Sentencing Code (whether or not passed as a result of section 221A of this Act);”;

(d) in paragraph (c)—

(i) omit “226B or”;

(ii) omit “221A or”.

(4) After subsection (4) insert—

“(4A) The sentences referred to in subsection (4)(a) and (aa) are to be taken to include a custodial order under—

(a) section 71AA of the Army Act 1955 or the Air Force Act 1955 or section 43AA of the Naval Discipline Act 1957, or

(b) paragraph 10 of Schedule 5A to the Army Act 1955 or the Air Force Act 1955 or paragraph 10 of Schedule 4A to the Naval Discipline Act 1957.”

(5) In subsection (5)—

(a) in paragraph (a), for “not falling within paragraph (a)” substitute “or detention in a young offender institution not falling within paragraph (a) or (aa)”;

(b) in paragraph (b), after “(b)” insert “, (ba)”.