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Criminal Justice Bill


Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    97

 

 162   The Sentencing Advisory Panel

     (1)    There shall continue to be a Sentencing Advisory Panel (in this Chapter

referred to as “the Panel”) constituted by the Lord Chancellor after

consultation with the Secretary of State and the Lord Chief Justice.

     (2)    The Lord Chancellor must, after consultation with the Secretary of State and

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the Lord Chief Justice, appoint one of the members of the Panel to be its

chairman.

     (3)    The Lord Chancellor may pay to any member of the Panel such remuneration

or expenses as he may determine.

 163   Guidelines relating to sentencing and allocation

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     (1)    In this Chapter—

           (a)            “sentencing guidelines” means guidelines relating to the sentencing of

offenders, which may be general in nature or limited to a particular

category of offence or offender, and

           (b)           “allocation guidelines” means guidelines relating to decisions by a

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magistrates’ court under section 19 of the Magistrates’ Courts Act 1980

(c. 43) as to whether an offence is more suitable for summary trial or

trial on indictment.

     (2)    The Secretary of State may at any time propose to the Council—

           (a)           that sentencing guidelines be framed or revised by the Council—

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                  (i)                 in respect of offences or offenders of a particular category, or

                  (ii)                in respect of a particular matter affecting sentencing, or

           (b)           that allocation guidelines be framed or revised by the Council.

     (3)    The Council may from time to time consider whether to frame sentencing

guidelines or allocation guidelines and, if it receives—

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           (a)           a proposal under section 164(2) from the Panel, or

           (b)           a proposal under subsection (2) from the Secretary of State,

            must consider whether to do so.

     (4)    Where sentencing guidelines or allocation guidelines have been issued by the

Council as definitive guidelines, the Council must from time to time (and, in

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particular, if it receives a proposal under section 164(2) from the Panel or under

subsection (2) from the Secretary of State) consider whether to revise them.

     (5)    Where the Council decides to frame or revise sentencing guidelines, the

matters to which the Council must have regard include—

           (a)           the need to promote consistency in sentencing,

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           (b)           the sentences imposed by courts in England and Wales for offences to

which the guidelines relate,

           (c)           the cost of different sentences and their relative effectiveness in

preventing re-offending,

           (d)           the need to promote public confidence in the criminal justice system,

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and

           (e)           the views communicated to the Council, in accordance with section

164(3)(b), by the Panel.

     (6)    Where the Council decides to frame or revise allocation guidelines, the matters

to which the Council must have regard include—

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Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    98

 

           (a)           the need to promote consistency in decisions under section 19 of the

Magistrates’ Courts Act 1980 (c. 43), and

           (b)           the views communicated to the Council, in accordance with section

164(3)(b), by the Panel.

     (7)    Sentencing guidelines in respect of an offence or category of offences must

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include criteria for determining the seriousness of the offence or offences,

including (where appropriate) criteria for determining the weight to be given

to any previous convictions of offenders.

     (8)    Where the Council has prepared or revised any sentencing guidelines or

allocation guidelines, it must—

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           (a)           publish them as draft guidelines, and

           (b)           consult about the draft guidelines—

                  (i)                 the Secretary of State,

                  (ii)                such persons as the Lord Chancellor, after consultation with the

Secretary of State, may direct, and

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                  (iii)               such other persons as the Council considers appropriate.

     (9)    The Council may, after making any amendment of the draft guidelines which

it considers appropriate, issue the guidelines as definitive guidelines.

 164   Functions of Sentencing Advisory Panel in relation to guidelines

     (1)    Where the Council decides to frame or revise any sentencing guidelines or

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allocation guidelines, otherwise than in response to a proposal from the Panel

under subsection (2), the Council must notify the Panel.

     (2)    The Panel may at any time propose to the Council—

           (a)           that sentencing guidelines be framed or revised by the Council—

                  (i)                 in respect of offences or offenders of a particular category, or

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                  (ii)                in respect of a particular matter affecting sentencing, or

           (b)           that allocation guidelines be framed or revised by the Council.

     (3)    Where the Panel receives a notification under subsection (1) or makes a

proposal under subsection (2), the Panel must—

           (a)           obtain and consider the views on the matters in issue of such persons

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or bodies as may be determined, after consultation with the Secretary

of State and the Lord Chancellor, by the Council, and

           (b)           formulate its own views on those matters and communicate them to the

Council.

     (4)    Paragraph (a) of subsection (3) does not apply where the Council notify the

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Panel of the Council’s view that the urgency of the case makes it impracticable

for the Panel to comply with that paragraph.

 165   Duty of court to have regard to sentencing guidelines

     (1)    Every court must—

           (a)           in sentencing an offender, have regard to any guidelines which are

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relevant to the offender’s case, and

           (b)           in exercising any other function relating to the sentencing of offenders,

have regard to any guidelines which are relevant to the exercise of the

function.

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

    99

 

     (2)    In subsection (1) “guidelines” means sentencing guidelines issued by the

Council under section 163(9) as definitive guidelines, as revised by subsequent

guidelines so issued.

 166   Annual report by Council

     (1)    The Council must as soon as practicable after the end of each financial year

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make to the Ministers a report on the exercise of the Council’s functions during

the year.

     (2)    If section 160 comes into force after the beginning of a financial year, the first

report may relate to a period beginning with the day on which that section

comes into force and ending with the end of the next financial year.

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     (3)    The Ministers must lay a copy of the report before each House of Parliament.

     (4)    The Council must publish the report once the copy has been so laid.

     (5)    In this section—

                    “financial year” means a period of 12 months ending with 31st March;

                    “the Ministers” means the Secretary of State and the Lord Chancellor.

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Duty of court to explain sentence

 167   Duty to give reasons for, and explain effect of, sentence

     (1)    Subject to subsections (3) and (4), any court passing sentence on an offender—

           (a)           must state in open court, in ordinary language and in general terms, its

reasons for deciding on the sentence passed, and

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           (b)           must explain to the offender in ordinary language—

                  (i)                 the effect of the sentence,

                  (ii)                where the offender is required to comply with any order of the

court forming part of the sentence, the effects of non-

compliance with the order,

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                  (iii)               any power of the court on the application of the offender or any

other person, to vary or review any order of the court forming

part of the sentence, and

                  (iv)                where the sentence consists of or includes a fine, the effects of

failure to pay the fine.

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     (2)    In complying with subsection (1)(a), the court must—

           (a)           where guidelines indicate that a sentence of a particular kind, or within

a particular range, would normally be appropriate for the offence and

the sentence is of a different kind, or is outside that range, state the

court’s reasons for deciding on a sentence of a different kind or outside

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that range,

           (b)           where the sentence is a custodial sentence and the duty in subsection

(2) of section 144 is not excluded by subsection (1)(a) or (b) or (3) of that

section, state that it is of the opinion referred to in section 144(2) and

why it is of that opinion,

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           (c)           where the sentence is a community sentence and the case does not fall

within section 143(2), state that it is of the opinion that section 140(1)

applies and why it is of that opinion,

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 1 — General provisions about sentencing

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           (d)           where as a result of taking into account any matter referred to in section

137(1), the court imposes a punishment on the offender which is less

severe than the punishment it would otherwise have imposed, state

that fact, and

           (e)           in any case, mention any aggravating or mitigating factors which the

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court has regarded as being of particular importance.

     (3)    Subsection (1)(a) does not apply—

           (a)           to an offence the sentence for which is fixed by law (provision relating

to sentencing for such an offence being made by section 255), or

           (b)           to an offence the sentence for which falls to be imposed under section

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51A(2) of the Firearms Act 1968 (c. 27) or under subsection (2) of section

110 or 111 of the Sentencing Act (required custodial sentences).

     (4)    The Secretary of State may by order—

           (a)           prescribe cases in which subsection (1)(a) or (b) does not apply, and

           (b)           prescribe cases in which the statement referred to in subsection (1)(a) or

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the explanation referred to in subsection (1)(b) may be made in the

absence of the offender, or may be provided in written form.

     (5)    Where a magistrates’ court passes a custodial sentence, it must cause any

reason stated by virtue of subsection (2)(b) to be specified in the warrant of

commitment and entered on the register.

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     (6)    In this section—

                    “guidelines” has the same meaning as in section 165;

                    “the register” has the meaning given by section 163 of the Sentencing Act.

Publication of information by Secretary of State

 168   Duty to publish information about sentencing

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In section 95 of the Criminal Justice Act 1991 (c. 53) (information for financial

and other purposes) in subsection (1) before the “or” at the end of paragraph

(a) there is inserted—

                  “(aa)                     enabling such persons to become aware of the relative

effectiveness of different sentences—

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                        (i)                        in preventing re-offending, and

                        (ii)                       in promoting public confidence in the criminal justice

system;”.

Supplementary

 169   Interpretation of Chapter 1

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In this Chapter—

                      “allocation guidelines” has the meaning given by section 163(1)(b);

                      “the Council” means the Sentencing Guidelines Council;

                      “the Panel” means the Sentencing Advisory Panel;

                      “sentence” and “sentencing” are to be read in accordance with section

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135(3);

                      “sentencing guidelines” has the meaning given by section 163(1)(a);

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 2 — Community orders: offenders aged 16 or over

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                      “youth community order” has the meaning given by section 139(2).

Chapter 2

Community orders: offenders aged 16 or over

 170   Community orders

     (1)    Where a person aged 16 or over is convicted of an offence, the court by or

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before which he is convicted may make an order (in this Part referred to as a

“community order”) imposing on him any one or more of the following

requirements—

           (a)           an unpaid work requirement (as defined by section 190),

           (b)           an activity requirement (as defined by section 192),

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           (c)           a programme requirement (as defined by section 193),

           (d)           a prohibited activity requirement (as defined by section 194),

           (e)           a curfew requirement (as defined by section 195),

           (f)           an exclusion requirement (as defined by section 196),

           (g)           a residence requirement (as defined by section 197),

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           (h)           a mental health treatment requirement (as defined by section 198),

           (i)           a drug rehabilitation requirement (as defined by section 200),

           (j)           an alcohol treatment requirement (as defined by section 203),

           (k)           a supervision requirement (as defined by section 204), and

           (l)           in a case where the offender is aged under 25, an attendance centre

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requirement (as defined by section 205).

     (2)    Subsection (1) has effect subject to sections 142 and 209 and to the following

provisions of Chapter 4 relating to particular requirements—

           (a)           section 190(3) (unpaid work requirement),

           (b)           section 192(3) and (4) (activity requirement),

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           (c)           section 193(4) and (5) (programme requirement),

           (d)           section 194(2) (prohibited activity requirement),

           (e)           section 198(3) (mental health treatment requirement),

           (f)           section 200(2) (drug rehabilitation requirement), and

           (g)           section 203(2) and (3) (alcohol treatment requirement).

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     (3)    Where the court makes a community order imposing a curfew requirement or

an exclusion requirement, the court must also impose an electronic monitoring

requirement (as defined by section 206) unless—

           (a)           it is prevented from doing so by section 206(2) or 209(4), or

           (b)           in the particular circumstances of the case, it considers it inappropriate

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to do so.

     (4)    Where the court makes a community order imposing an unpaid work

requirement, an activity requirement, a programme requirement, a prohibited

activity requirement, a residence requirement, a mental health treatment

requirement, a drug rehabilitation requirement, an alcohol treatment

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requirement, a supervision requirement or an attendance centre requirement,

the court may also impose an electronic monitoring requirement unless

prevented from doing so by section 206(2) or 209(4).

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    102

 

     (5)    A community order must specify a date, not more than three years after the

date of the order, by which all the requirements in it must have been complied

with; and a community order which imposes two or more different

requirements falling within subsection (1) may also specify an earlier date or

dates in relation to compliance with any one or more of them.

5

     (6)    Before making a community order imposing two or more different

requirements falling within subsection (1), the court must consider whether, in

the circumstances of the case, the requirements are compatible with each other.

 171   Power to provide for court review of community orders

     (1)    The Secretary of State may by order—

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           (a)           enable or require a court making a community order to provide for the

community order to be reviewed periodically by that or another court,

           (b)           enable a court to amend a community order so as to include or remove

a provision for review by a court, and

           (c)           make provision as to the timing and conduct of reviews and as to the

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powers of the court on a review.

     (2)    An order under this section may, in particular, make provision in relation to

community orders corresponding to any provision made by sections 183 and

184 in relation to suspended sentence orders.

     (3)    An order under this section may repeal or amend any provision of this Part.

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 172   Breach, revocation or amendment of community order

Schedule 7 (which relates to failures to comply with the requirements of

community orders and to the revocation or amendment of such orders) shall

have effect.

 173   Transfer of community orders to Scotland or Northern Ireland

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Schedule 8 (transfer of community orders to Scotland or Northern Ireland)

shall have effect.

Chapter 3

Prison sentences of less than 12 months

Prison sentences of less than twelve months

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 174   Prison sentences of less than 12 months

     (1)    Any power of a court to impose a sentence of imprisonment for a term of less

than 12 months on an offender may be exercised only in accordance with the

following provisions of this section unless the court makes an intermittent

custody order (as defined by section 176).

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     (2)    The term of the sentence—

           (a)           must be expressed in weeks,

           (b)           must be at least 28 weeks,

           (c)           must not be more than 51 weeks in respect of any one offence, and

 

 

Criminal Justice Bill
Part 12 — Sentencing
Chapter 3 — Prison sentences of less than 12 months

    103

 

           (d)           must not exceed the maximum term permitted for the offence.

     (3)    The court, when passing sentence, must—

           (a)           specify a period (in this Chapter referred to as “the custodial period”)

at the end of which the offender is to be released on a licence, and

           (b)           by order require the licence to be granted subject to conditions

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requiring the offender’s compliance during the remainder of the term

(in this Chapter referred to as “the licence period”) or any part of it with

one or more requirements falling within section 175(1) and specified in

the order.

     (4)    In this Part “custody plus order” means an order under subsection (3)(b).

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     (5)    The custodial period—

           (a)           must be at least 2 weeks, and

           (b)           in respect of any one offence, must not be more than 13 weeks.

     (6)    In determining the term of the sentence and the length of the custodial period,

the court must ensure that the licence period is at least 26 weeks in length.

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     (7)    Where a court imposes two or more terms of imprisonment in accordance with

this section to be served consecutively—

           (a)           the aggregate length of the terms of imprisonment must not be more

than 65 weeks, and

           (b)           the aggregate length of the custodial periods must not be more than 26

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weeks.

     (8)    A custody plus order which specifies two or more requirements may, in

relation to any requirement, refer to compliance within such part of the licence

period as is specified in the order.

     (9)    Subsection (3)(b) does not apply where the sentence is a suspended sentence.

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 175   Licence conditions

     (1)    The requirements falling within this subsection are—

           (a)           an unpaid work requirement (as defined by section 190),

           (b)           an activity requirement (as defined by section 192),

           (c)           a programme requirement (as defined by section 193),

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           (d)           a prohibited activity requirement (as defined by section 194),

           (e)           a curfew requirement (as defined by section 195),

           (f)           an exclusion requirement (as defined by section 196),

           (g)           a supervision requirement (as defined by section 204), and

           (h)           in a case where the offender is aged under 25, an attendance centre

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requirement (as defined by section 205).

     (2)    The power under section 174(3)(b) to determine the conditions of the licence

has effect subject to section 209 and to the following provisions of Chapter 4

relating to particular requirements—

           (a)           section 190(3) (unpaid work requirement),

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           (b)           section 192(3) and (4) (activity requirement),

           (c)           section 193(4) and (5) (programme requirement), and

           (d)           section 194(2) (prohibited activity requirement).

 

 

 
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