Sentencing (Pre-consolidation Amendments) Act 2020

Clause 1 provides for a "clean sweep" to remove the need to identify and apply historic versions of the law, minimising the use of complex transitional provisions. The clean sweep is subject to exceptions to ensure that no offender is subject to a greater penalty than that available at the time of the offence, or subject to a minimum or mandatory sentence that did not apply at the time of the offence.[3]

Clause 2 provides for amendments and modifications of existing sentencing legislation to allow for a consistent consolidation and gives powers to the Secretary of State to make further amendments by way of statutory instrument.[4]

The remaining clauses deal with interpretation, how regulations may be laid, the commencement, extent and short title of the act.

Schedule 1 provides for a list of exemptions to the "clean sweep" which are required in order to comply with Article 7 of the European Convention on Human Rights and so as not to breach common law standards of fairness.[5]

Schedule 2 provides for pre-consolidation amendments to existing legislation to enable the enactment of consolidation. Such amendment include amendments to the Powers of Criminal Courts (Sentencing) Act 2000, Criminal Justice Act 2003, Criminal Justice and Immigration Act 2008, Armed Forces Act 2006 and other primary and secondary legislation relating to sentencing.[6]