Sch 1Repeal and transitional provisions

Schedule 1—Repeal and transitional provisions Part 1—Repeal of Criminal Law (Sentencing) Act 1988 1—Repeal of Act The Criminal Law (Sentencing) Act 1988 is repealed. Part 2—Transitional provisions 2—Transitional provisions (1) Subject to this clause, this Act applies to the sentencing of a defendant after the commencement of this Act, regardless of whether the offence for which the defendant is being sentenced was committed before or after that commencement. (2) However— (a) the old sentence reduction provisions of the repealed Act will continue to apply in relation to the sentencing of a defendant for an offence where the proceedings for that offence are commenced before the commencement of the amendments to the repealed Act to be effected by the Summary Procedure (Indictable Offences) Amendment Act 2017; while (b) the new sentence reduction provisions of this Act will apply in relation to the sentencing of a defendant for an offence where the proceedings for that offence are commenced after the commencement of the amendments to the repealed Act to be effected by the Summary Procedure (Indictable Offences) Amendment Act 2017, regardless of when the offence was committed (3) In this clause— new sentence reduction provisions means Part 2 Division 2 Subdivision 4 of this Act; old sentence reduction provisions means sections 10A, 10B and 10C and Part 2 Division 6 of the repealed Act; repealed Act means the Criminal Law (Sentencing) Act 1988 repealed by clause 1. Part 3—Transitional provisions relating to Sentencing (Release on Licence) Amendment Act 2018 3—Transitional provisions (1) Section 58 of this Act as in force immediately after the commencement of Part 2 of the Sentencing (Release on Licence) Amendment Act 2018 applies to the following applications: (a) an application under that section for the discharge of an order for detention (whether the order for detention was made under section 57 of this Act or section 23 of the repealed Act) where the application is made after that commencement; (b) an application under that section for the discharge of an order for detention (whether the order for detention was made under section 57 of this Act or section 23 of the repealed Act) where the application was made but not finalised before that commencement; (c) an application under section 23A of the repealed Act for the discharge of an order for detention under section 23 of the repealed Act where the application was made but not finalised before that commencement. (2) Section 59 of this Act as in force immediately after the commencement of Part 2 of the Sentencing (Release on Licence) Amendment Act 2018 applies to the following applications: (a) an application under that section for the release on licence from an order for detention (whether the order for detention was made under section 57 of this Act or section 23 of the repealed Act) where the application is made after that commencement; (b) an application under that section for the release on licence from an order for detention (whether the order for detention was made under section 57 of this Act or section 23 of the repealed Act) where the application was made but not finalised before that commencement; (c) an application under section 24 of the repealed Act for the release on licence from an order for detention under section 23 of the repealed Act where the application was made but not finalised before that commencement. (3) In this clause— repealed Act means the Criminal Law (Sentencing) Act 1988.