Schedules Schedule 2: Sentencing Consolidation: Pre-Consolidation Amendments Section 109 of the Powers of Criminal Courts (Sentencing) Act 2000
Section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 required the court to impose a life sentence where an offender aged 18 or over was convicted of a second serious offence (listed in that section) committed after 30 September 1997. Section 109 was repealed by the Criminal Justice Act 2003 with effect from 4 April 2005.
	It was repealed twice as was the drafting practice at the time. The first repeal was effected by section 303 of the Criminal Justice Act 2003, and the second by section 332 of, and Part 7 of Schedule 37 to, the 2003 Act. Both repeals were commenced on 4 April 2005 by the Criminal Justice Act 2003 (Commencement No.8 and Transitional and Saving Provisions) Order 2005 (SI 2005/950). The second repeal was subject to an explicit saving in paragraphs 5(2)(c)(xii) and 6 of the 2005 Order, providing that the repeal did not have effect in relation to offences committed before 4 April 2005. There was though no explicit saving in relation to the first repeal. This leaves an ambiguity.
	The intent of the savings in the 2005 Order must have been to preserve section 109 of the 2000 Act where a second serious offence was committed before 4 April 2005. Accordingly, paragraph 136 removes the ambiguity by amending the 2005 Order to insert a savings provision in relation to the repeal of section 109 by section 303 of the Criminal Justice Act 2003. This clarification will apply to anyone convicted after the Act comes into force.