Sentencing (Pre-consolidation Amendments) Bill

Explanatory Notes

Territorial extent and application

19 The majority of the Bill extends to England and Wales only. Subsections (5) and (6) of clause 5 provide that the operation of the "clean sweep" or a pre-consolidation amendment on an existing provision has the same extent as the existing provision. Subsection (7) ensures that regulations to which paragraph 133 of Schedule 2 can apply include regulations that could extend to Northern Ireland and that the power to state commencement information on the face of the Code in paragraph 134 of Schedule 2 could in principle extend to Northern Ireland and/or Scotland. Subsections (8) – (11) provide that any amendment, modification or repeal of the Criminal Justice Act 2003 that is made by, or under the Bill can be extended to the Crown Dependencies and that any amendment, modification or repeal of the Armed Forces Act 2006 (or of any other provision in so far as it is applied by or under that Act) that is made by, or under the Bill directly extends to the Isle of Man and British overseas territories (except Gibraltar), and can be extended to the Channel Islands.

20 There are some pre-consolidation amendments that extend to Scotland and Northern Ireland - these deal with circumstances in which a sentence imposed in England and Wales applies to an offender who has, during the period of that sentence, moved to Scotland or Northern Ireland. These amendments extend to those jurisdictions in order to facilitate the consolidation.

21 The table at Annex A provides a summary of the position regarding territorial extent and application in the United Kingdom.


Prepared 3rd March 2020