Part 6 EU Exit
Sentencing Act 2020 (2020 c 17) | Legislation

Part 6 EU Exit

86

(1)     Section 65 (previous convictions) is amended as follows.

(2)     In subsection (4)—

(a)     at the end of paragraph (a) insert “orâ€;

(b)     omit paragraph (b);

(c)     omit paragraph (d) (and the word “or†immediately before it).

[(3)     After subsection (4) insert—

“(4A)     If the proceedings for the current offence were instituted before IP completion day (see section 397(5)), “relevant previous conviction†in subsections (1) to (3) also includes—

(a)     a previous conviction of a relevant offence under the law of a member State by a court in that State, and

(b)     a finding of guilt in respect of a member State service offence (see subsection (6)).â€

(3A)     In subsection (6), for “(4)(d)†substitute “(4A)(b)â€.]

87

[(1)]     In section 85 (duty and power to make referral order), in subsection (2)(c) omit sub-paragraph (ii) (and the word “or†immediately before it).

[(2)     After subsection (2) insert—

“(2A)     But the compulsory referral conditions are not met if—

(a)     the proceedings for the offence were instituted before IP completion day (see section 397(5)) and,

(b)     the offender has previously been convicted by or before a court in a member State of any offence.â€.]

[87A

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