Sentencing Act 2020

means a programme that is for the time being accredited by the Secretary of State for the purposes of this paragraph.

has the meaning given by paragraph 14(1);

includes anything containing alcohol.

means—

means— (a) if the community order imposes a drug rehabilitation requirement which is subject to review, the court responsible for the order (see paragraph 4);

has the meaning given by Article 2 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)),

means— (a) a care home in England within the meaning of the Care Standards Act 2000, or (b) a place in Wales at which a care home service (within the meaning of Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016 (anaw 2)) is provided;

means a person aged under 18;

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

means the order specified under paragraph 10(1);

includes a court dealing with an offender for a service offence. 2 In its application to a court dealing with an offender for a service offence, that section has effect with the following modifications. 3 In subsection (5)— a paragraph (a) has effect as if, after “254,” there were inserted “ passed as a result of section 221A of the Armed Forces Act 2006 ”;

has the meaning given by section 330 of the Sentencing Code;

means a community order which— (a) was made by the Crown Court, and (b) does not include a direction under that section.

means a suspended sentence order that imposes any community requirement which— (a) was made by the Crown Court, and (b) does not include a direction that any breach of a community requirement of the order is to be dealt with by a magistrates' court.

means a youth rehabilitation order which—

includes— (a) a custodial sentence within the meaning of the Armed Forces Act 2006 (see section 374 of that Act), and (b) a pre-Code custodial sentence (see section 222(4));

means a body designated for the purposes of this Part of this Schedule by the Secretary of State by regulations.

means any document whenever made, served or issued;

means—

means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971;

includes an enactment contained in subordinate legislation;

means a person who is for the time being responsible for discharging the functions conferred by this Schedule on an enforcement officer in accordance with arrangements made by the Secretary of State.

means an order under paragraph 3(2)(a);

means an order under paragraph 3(2)(b).

has the same meaning as in the Mental Health Act 1983;

means— (a) if the offender resides in Scotland, or will be residing there at the relevant time, the sheriff court having jurisdiction in the locality in which the offender resides or proposes to reside, and (b) if the offender resides in Northern Ireland, or will be residing there at the relevant time, a court of summary jurisdiction;

includes custody for life and detention for life;

means treatment as a resident patient in— (a) a care home, (b) an independent hospital, or (c) a hospital within the meaning of the Mental Health Act 1983, but not in hospital premises where high security psychiatric services are provided;

has the same meaning as in section 273 or 283 (as appropriate). • “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.

means treatment as a non-resident patient at a particular institution or place;

means treatment as a non-resident at an institution or place;

means—

means any of the following sentences imposed under or by virtue of the Armed Forces Act 2006— a a sentence of imprisonment for life, b a sentence of detention for life or during Her Majesty's pleasure, or c a sentence of custody for life;”

means— a in relation to England— i a county council, ii a district council whose district does not form part of an area that has a county council, iii a London borough council, or iv the Common Council of the City of London in its capacity as a local authority, and b in relation to Wales— i a county council, or ii a county borough council.”

has the meaning given by paragraph 24 of Schedule 6 to the Sentencing Code;

means any of the following—

means a mandatory life sentence passed in circumstances where the sentence is fixed by law.

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.”

has the same meaning as in the Road Traffic Act 1988 except that for this purpose section 189(1) of that Act is to be read as if paragraph (c) (certain electrically assisted pedal cycles not to be treated as motor vehicles) were omitted;

means a relevant suspended sentence order that— (a) has been made or amended under Part 2 of this Schedule (Northern Ireland), and (b) has not ceased to be such an order under paragraph 35 (transfer to England and Wales);

means treatment as a non-resident at a particular institution or place;

means a community order made or amended in accordance with Part 2 of this Schedule;

means a pre-commencement case within the meaning of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Consequential, Transitional and Saving Provisions) Regulations 2013 (S.I. 2013/534) (see regulation 2 of those regulations).

has the same meaning as in the Education Act 1996.

has the same meaning as in that Order.

means treatment by or under the direction of a particular registered medical practitioner or registered psychologist (or both).

means a systematic set of activities.

means provision—

has the meaning given by section 2(1) of the Psychoactive Substances Act 2016.

means any event to which the public or a section of the public has access, whether on payment or otherwise.

means—

means the register of proceedings before a magistrates' court required by the Criminal Procedure Rules to be kept by the designated officer of the court.

means a person registered in the part of the register maintained under the Health Professions Order 2001 (S.I. 2002/254) which relates to practitioner psychologists.

means ammunition specified in subsection (1)(c) of that section.

has the same meaning as in paragraph 24.

means—

means a failure to comply with— a a requirement of a community order (within the meaning given by section 200 of the Sentencing Code), b a community requirement of a suspended sentence order (within the meaning given by section 286 of the Sentencing Code), or c a supervision requirement imposed under section 256AA of the Criminal Justice Act 2003.”

means a firearm specified in any of the following provisions of section 5 of the Firearms Act 1968 (weapons subject to general prohibition)— (a) subsection (1)(a), (ab), (aba), (ac), (ad), (ae) or (af);

has the meaning given by paragraph 20(3);

means—

means a power which the home court could exercise in relation to a corresponding order by virtue of the legislation that applies in Northern Ireland in relation to such orders.

means the offence in respect of which the youth rehabilitation order was made, and • the “relevant assumptions” are that— (a) the offender has just been convicted of the relevant offence by or before the court dealing with the offender, and (b) the offender is the same age as when in fact convicted of that offence.

means—

means a requirement that may be imposed by a relevant order.

has the meaning given by section 248(4) of the Sentencing Code.”

has the same meaning as in Chapter 4 of Part 8 (see section 207).”

means a suspended sentence order that imposes one or more community requirements;

includes revoke (where the context permits);

means treatment as a resident in a particular institution or place;

has the same meaning as in paragraph 21;

has the meaning given by paragraph 21(2)(b).

has the same meaning as in the Road Traffic Act 1988 (see section 192 of that Act).

means a community order made or amended in accordance with Part 1 of this Schedule.

has the same meaning as in the Armed Forces Act 2006 (see section 50 of that Act). c paragraphs 3 to 5 were omitted. 3 Part 2 (breach of community requirement or conviction of further offence) has effect as if— a in paragraph 6(4)(c), for “a court” there were substituted “ the Crown Court ”;

means an order under section 103A of the Sexual Offences Act 2003 or Chapter 2 of Part 11 of the Sentencing Code.”

means a relevant suspended sentence order that— (a) has been made or amended under Part 1 of this Schedule (Scotland), and (b) has not ceased to be such an order under paragraph 35 (transfer to England and Wales).

means a provision of an enactment;

means orders, regulations or rules.

means treatment which is— (a) by or under the direction of a person having the necessary qualifications or experience, and (b) with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances;

means the performance of supervisory, enforcement and other related functions conferred by the legislation which has effect in Northern Ireland relating to the corresponding order;

means a requirement with which an offender must comply under— (a) section 242(4)(b), or (b) paragraph 4(4)(b);

has the same meaning as in the Sentencing Code (see section 286(6) of that Code);

means a suspended sentence order that specifies one or more community requirements (see section 286(2) of that Code).”

means the Powers of Criminal Courts (Sentencing) Act 2000;”.

means the Crown Court;

means the council constituted under section 2 of the Local Government etc.

means—

means— (a) the court in England and Wales which made or which last amended the order, or (b) if the order was made by the Crown Court and includes a direction under section 189, such youth court or other magistrates' court as may be specified in the order;

means— a in relation to an offence under section 6(1) of the Offensive Weapons Act 2019, the date on which paragraph 82 of Schedule 22 comes into force (or, if earlier, the date on which section 8 of the Offensive Weapons Act 2019 comes into force);

means—

means—

means—

means the person responsible for the offender's supervision under the order.

means—

means the person by or under whose direction the treatment is to be provided.

means—

means the medical practitioner or registered psychologist by or under whose direction the offender is being treated in pursuance of the mental health treatment requirement.

means—

means a victim of, or other person affected by, the offending concerned.

has the meaning given by section 173 of that Code;

has the meaning given by section 176 of that Code.”