Paragraph 86 I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

Sch. 22 para. 21(2)(a) words substituted by Sentencing Act 2020 Sch. 22 para. 25(b)
Sch. 22 para. 21(2)(a) words substituted by Sentencing Act 2020 Sch. 22 para. 74(2)(a)
Sch. 22 para. 21(2)(c) omitted by Sentencing Act 2020 Sch. 22 para. 74(2)(b)
Sch. 22 para. 21(3)(a) words substituted by Sentencing Act 2020 Sch. 22 para. 26(b)
Sch. 22 para. 21(3)(a) words substituted by Sentencing Act 2020 Sch. 22 para. 75(2)(a)
Sch. 22 para. 21(3)(c) omitted by Sentencing Act 2020 Sch. 22 para. 75(2)(b)
Sch. 22 para. 27(1)(b) words inserted by Police, Crime, Sentencing and Courts Act 2022 Sch. 21 para. 10(2)(a)
Sch. 22 para. 27(3) words inserted by Police, Crime, Sentencing and Courts Act 2022 Sch. 21 para. 10(2)(b)

(1)

Section 65 (previous convictions) is amended as follows.

(2)

In subsection (4)—

(a)

at the end of paragraph (a) insert “ or ”;

(b)

omit paragraph (b);

(c)

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

F1(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)).”

(3A)

In subsection (6), for “(4)(d)” substitute “(4A)(b).

Annotations

Textual amendments

F1: Sch. 22 para. 86(3)(3A) substituted for Sch. 22 para. 86(3) (31.12.2020 immediately before IP completion day) by The Taking Account of Convictions (EU Exit) (Amendment) Regulations 2020 (S.I. 2020/1520), regs. 1(1), 5(2)

Commencement

I1: Sch. 22 para. 86 in force at 31.12.2020, see s. 417(9)