Coroners and Justice Act 2009

Part 8Sentencing Council for England and Wales

Parliamentary Commissioner Act 1967 (c. 13)

79In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments etc subject to investigation), after the entry for the Security Industry Authority insert—

• “Sentencing Council for England and Wales.”

Magistrates’ Courts Act 1980 (c. 43)

80In section 19 of the Magistrates’ Courts Act 1980 (decision as to allocation), as substituted by Schedule 3 to the Criminal Justice Act 2003 (c. 44), in subsection (3) for “170 of the Criminal Justice Act 2003” substitute “122 of the Coroners and Justice Act 2009”.

Crime and Disorder Act 1998 (c. 37)

81In Schedule 3 to the Crime and Disorder Act 1998 (procedure where persons are sent for trial under section 51 of that Act), in paragraph 9(3), as substituted by Schedule 3 to the Criminal Justice Act 2003, for “170 of the Criminal Justice Act 2003” substitute “122 of the Coroners and Justice Act 2009”.

Freedom of Information Act 2000 (c. 36)

82In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities: other public bodies and offices), after the entry for the Senior Salaries Review Body insert—

• “The Sentencing Council for England and Wales.”

Criminal Justice Act 2003 (c. 44)

83The Criminal Justice Act 2003 is amended as follows.

84In section 174 (duty to give reasons for, and explain effect of, sentence)—

(a)for subsection (2)(a) substitute—

“(a)identify any definitive sentencing guidelines relevant to the offender’s case and explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009,

(aa)where the court did not follow any such guidelines because it was of the opinion that it would be contrary to the interests of justice to do so, state why it was of that opinion,”,

(b)in subsection (2)(e), for “of particular importance” substitute “relevant to the case”,

(c)in subsection (4), for “Secretary of State” substitute “Lord Chancellor”, and

(d)in subsection (6), for the definition of “guidelines” substitute—

• ““definitive sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued;”.

85In section 269 (determination of minimum term in relation to mandatory life sentence)—

(a)in subsection (6), for “Secretary of State” substitute “Lord Chancellor”, and

(b)in subsection (7), for “Secretary of State shall consult the Sentencing Guidelines Council” substitute “Lord Chancellor must consult the Sentencing Council for England and Wales”.

86In section 277 (interpretation of Chapter 7), for the definition of “guidelines” substitute—

• ““guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales as definitive guidelines under section 120 of the Coroners and Justice Act 2009, as revised by any subsequent guidelines so issued;”.

87In section 330 (orders and rules), in subsection (1), after paragraph (b) add—

“(c)the powers conferred on the Lord Chancellor by sections 174(4) and 269(6) to make an order.”

88In Schedule 38 (transitory, transitional and saving provisions), omit paragraphs 2 and 3.

Armed Forces Act 2006 (c. 52)

89In section 259 of the Armed Forces Act 2006 (sentencing guidelines), for subsection (5) substitute—

“(5)In this section “guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued.”