40(1)Section 219A (extended sentences for certain violent, sexual or terrorism offenders aged 18 or over) is amended as follows.E+W
(2)In subsection (1)—
(a)in paragraph (b), at the end insert “ within the meaning of the Sentencing Code (see section 306 of that Code) ”;
(b)for paragraph (d) (but not the “and” following it) substitute—
“(d)the court is not required—
(i)by section 273(3) of the Sentencing Code (as applied by section 218A(1B) of this Act) to impose a sentence of custody for life;
(ii)by section 283(3) of the Sentencing Code (as applied by section 218A(2) of this Act) to impose a sentence of imprisonment for life;
(iii)by section 274(3) of the Sentencing Code (as applied by section 219(1A) of this Act) to impose a sentence of custody for life;
(iv)by section 285(3) of the Sentencing Code (as applied by section 219(2) of this Act) to impose a sentence of imprisonment for life;”.
(3)In subsection (2), for “Schedule 15B to the 2003 Act” substitute “ Schedule 14 to the Sentencing Code ”.
(4)In subsection (3), for “extended sentence of imprisonment under section 226A of the 2003 Act” substitute “ extended sentence of detention in a young offender institution or an extended sentence of imprisonment ”.
(5)For subsections (4) to (6) substitute—
“(4)Where the offender is under 21 when convicted of the offence under section 42, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code is available in respect of the offence.
(5)Subsections (2) to (5) of section 268 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of detention in a young offender institution under section 266 of the Sentencing Code by virtue of this section.
(6)In their application to an offender by virtue of subsection (5), subsections (2) to (5) of section 268 of the Sentencing Code are modified as follows—
(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;
(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;
(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.
(7)Where the offender is 21 or over when convicted of the offence under section 42, an extended sentence of imprisonment under section 279 of the Sentencing Code is available in respect of the offence.
(8)Subsections (2) to (5) of section 281 of the Sentencing Code apply where a court dealing with an offender for an offence imposes, or is considering whether to impose, an extended sentence of imprisonment under section 279 of the Sentencing Code by virtue of this section.
(9)In their application to an offender by virtue of subsection (8), subsections (2) to (5) of section 281 of the Sentencing Code are modified as follows—
(a)subsection (2) has effect as if, for “section 231(2)” there were substituted “ section 261(2) of the Armed Forces Act 2006 ”;
(b)subsection (3) has effect as if, after “offences” there were inserted “ or further acts or omissions that would be specified offences if committed in England and Wales ”;
(c)in subsection (4)(b), sub-paragraphs (i) and (ii) both have effect as if for “in the case of” there were substituted “ if the offence under section 42 was one for which the corresponding offence under the law of England and Wales was ”.”
Commencement Information
I1Sch. 25 para. 40 in force at 1.12.2020 by S.I. 2020/1236, reg. 2