Coroners and Justice Bill

House of Lords

Session 2008 - 09
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Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
76

(8)
This section is without prejudice to any power of the appeal court to provide
guidance relating to the sentencing of offenders in a judgment of the court.
Duties of the court
121
Sentencing guidelines: duty of court
(1)
Every court—
5
(a)
must, in sentencing an offender, follow any sentencing guidelines
which are relevant to the offender’s case, and
(b)
must, in exercising any other function relating to the sentencing of
offenders, follow any sentencing guidelines which are relevant to the
exercise of the function,
10

unless the court is satisfied that it would be contrary to the interests of justice
to do so.
(2)
Subsections (3) and (4) apply where—
(a)
a court is deciding what sentence to impose on a person (“P”) who is
guilty of an offence, and
15
(b)
sentencing guidelines have been issued in relation to that offence which
are structured in the way described in section 117(2) to (5) (“the offence-
specific guidelines”).
(3)
The duty imposed on a court by subsection (1)(a) to follow any sentencing
guidelines which are relevant to the offender’s case includes—
20
(a)
in all cases, a duty to impose on P, in accordance with the offence-
specific guidelines, a sentence which is within the offence range, and
(b)
where the offence-specific guidelines describe categories of case in
accordance with section 117(2), a duty to decide which of the categories
most resembles P’s case in order to identify the sentencing starting
25
point in the offence range;

but nothing in this section imposes on the court a separate duty, in a case
within paragraph (b), to impose a sentence which is within the category range.
(4)
Subsection (3)(b) does not apply if the court is of the opinion that, for the
purpose of identifying the sentence within the offence range which is the
30
appropriate starting point, none of the categories sufficiently resembles P’s
case.
(5)
Subsection (3)(a) is subject to—
(a)
section 144 of the Criminal Justice Act 2003 (c. 44) (reduction in
sentences for guilty pleas),
35
(b)
sections 73 and 74 of the Serious Organised Crime and Police Act 2005
(c. 15) (assistance by defendants: reduction or review of sentence) and
any other rule of law by virtue of which an offender may receive a
discounted sentence in consequence of assistance given (or offered to
be given) by the offender to the prosecutor or investigator of an offence,
40
and
(c)
any rule of law as to the totality of sentences.
(6)
The duty imposed by subsection (1) is subject to the following provisions—
(a)
section 148(1) and (2) of the Criminal Justice Act 2003 (restrictions on
imposing community sentences);
45

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
77

(b)
section 152 of that Act (restrictions on imposing discretionary custodial
sentences);
(c)
section 153 of that Act (custodial sentence must be for shortest term
commensurate with seriousness of offence);
(d)
section 164(2) of that Act (fine must reflect seriousness of offence);
5
(e)
section 269 of and Schedule 21 to that Act (determination of minimum
term in relation to mandatory life sentence);
(f)
section 51A of the Firearms Act 1968 (c. 27) (minimum sentence for
certain offences under section 5 etc);
(g)
sections 110(2) and 111(2) of the Powers of Criminal Courts
10
(Sentencing) Act 2000 (c. 6) (minimum sentences for certain drug
trafficking and burglary offences);
(h)
section 29(4) and (6) of the Violent Crime Reduction Act 2006 (c. 38)
(minimum sentences for certain offences involving firearms).
(7)
Nothing in this section or section 122 is to be taken as restricting any power
15
(whether under the Mental Health Act 1983 (c. 20) or otherwise) which enables
a court to deal with a mentally disordered offender in the manner it considers
to be most appropriate in all the circumstances.
(8)
In this section—
“mentally disordered”, in relation to a person, means suffering from a
20
mental disorder within the meaning of the Mental Health Act 1983;
“sentencing guidelines” means definitive sentencing guidelines.
122
Determination of tariffs etc
(1)
Section 121(3) (except as applied by virtue of subsection (3) below) is subject to
any power a court has to impose—
25
(a)
a sentence of imprisonment for public protection by virtue of section
225(3) of the Criminal Justice Act 2003 (c. 44);
(b)
a sentence of detention for public protection by virtue of section 226(3)
of that Act;
(c)
an extended sentence of imprisonment by virtue of section 227 of that
30
Act;
(d)
an extended sentence of detention by virtue of section 228 of that Act.
(2)
Subsection (3) applies where a court determines the notional determinate term
for the purpose of determining in any case—
(a)
the order to be made under section 82A of the Powers of Criminal
35
Courts (Sentencing) Act 2000 (life sentence: determination of tariffs),
(b)
the notional minimum term for the purposes of section 225(3C) or
226(3A) of the Criminal Justice Act 2003 (imprisonment or detention for
public protection for serious offences),
(c)
the appropriate custodial term for the purposes of section 227(3) of that
40
Act (extended sentence for certain violent or sexual offences: persons 18
or over), or
(d)
the appropriate term for the purposes of section 228(3) of that Act
(extended sentence for certain violent or sexual offences: persons under
18).
45
(3)
Subsections (2) to (5) of section 121 apply for the purposes of determining the
notional determinate term in relation to an offence as they apply for the
purposes of determining the sentence for an offence.

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
78

(4)
In this section references to the notional determinate term are to the
determinate sentence that would have been passed in the case if the need to
protect the public and the potential danger of the offender had not required the
court to impose a life sentence (in circumstances where the sentence is not fixed
by law) or, as the case may be, an extended sentence of imprisonment or
5
detention.
(5)
In subsection (4) “life sentence” has the same meaning as in Chapter 2 of Part 2
of the Crime (Sentences) Act 1997 (c. 43).
Other functions of the Council
123
Resource implications of guidelines
10
(1)
This section applies where the Council—
(a)
publishes draft guidelines under section 116 or 118, or
(b)
issues guidelines as definitive guidelines under either of those sections.
(2)
The Council must publish a resource assessment in respect of the guidelines.
(3)
A resource assessment in respect of any guidelines is an assessment by the
15
Council of the likely effect of the guidelines on—
(a)
the resources required for the provision of prison places,
(b)
the resources required for probation provision, and
(c)
the resources required for the provision of youth justice services.
(4)
The resources assessment must be published—
20
(a)
in a case within subsection (1)(a), at the time of publication of the draft
guidelines;
(b)
in a case within subsection (1)(b), at the time the guidelines are issued
or, where the guidelines are issued by virtue of section 119, as soon as
reasonably practicable after the guidelines are issued.
25
(5)
The Council must keep under review any resource assessment published
under this section, and, if the assessment is found to be inaccurate in a material
respect, publish a revised resource assessment.
124
Monitoring
(1)
The Council must—
30
(a)
monitor the operation and effect of its sentencing guidelines, and
(b)
consider what conclusions can be drawn from the information obtained
by virtue of paragraph (a).
(2)
The Council must, in particular, discharge its duty under subsection (1)(a) with
a view to drawing conclusions about—
35
(a)
the frequency with which, and extent to which, courts depart from
sentencing guidelines;
(b)
the factors which influence the sentences imposed by courts;
(c)
the effect of the guidelines on the promotion of consistency in
sentencing;
40
(d)
the effect of the guidelines on the promotion of public confidence in the
criminal justice system.

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
79

(3)
When reporting on the exercise of its functions under this section in its annual
report for a financial year, the Council must include—
(a)
a summary of the information obtained under subsection (1)(a), and
(b)
a report of any conclusions drawn by the Council under subsection
(1)(b).
5
125
Promoting awareness
(1)
The Council must publish, at such intervals as it considers appropriate—
(a)
in relation to each local justice area, information regarding the
sentencing practice of the magistrates’ courts acting in that area, and
(b)
in relation to each location at which the Crown Court sits, information
10
regarding the sentencing practice of the Crown Court when it sits at
that location.
(2)
The Council may promote awareness of matters relating to the sentencing of
offenders by courts in England and Wales, including, in particular—
(a)
the sentences imposed by courts in England and Wales;
15
(b)
the cost of different sentences and their relative effectiveness in
preventing re-offending;
(c)
the operation and effect of guidelines under this Chapter.
(3)
For the purposes of subsection (2), the Council may, in particular, publish any
information obtained or produced by it in connection with its functions under
20
section 124(1).
126
Resources: effect of sentencing practice
(1)
The annual report for a financial year must contain a sentencing factors report.
(2)
A sentencing factors report is an assessment made by the Council, using the
information available to it, of the effect which any changes in the sentencing
25
practice of courts are having or are likely to have on each of the following—
(a)
the resources required for the provision of prison places;
(b)
the resources required for probation provision;
(c)
the resources required for the provision of youth justice services.
127
Resources: effect of factors not related to sentencing
30
(1)
The annual report for a financial year must contain a non-sentencing factors
report.
(2)
The Council may, at any other time, provide the Lord Chancellor with a non-
sentencing factors report, and may publish that report.
(3)
A non-sentencing factors report is a report by the Council of any significant
35
quantitative effect (or any significant change in quantitative effect) which non-
sentencing factors are having or are likely to have on the resources needed or
available for giving effect to sentences imposed by courts in England and
Wales.
(4)
Non-sentencing factors are factors which do not relate to the sentencing
40
practice of the courts, and include—
(a)
the recalling of persons to prison;
(b)
breaches of orders within subsection (5);

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
80

(c)
patterns of re-offending;
(d)
decisions or recommendations for release made by the Parole Board;
(e)
the early release under discretionary powers of persons detained in
prison;
(f)
the remanding of persons in custody.
5
(5)
The orders within this subsection are—
(a)
community orders (within the meaning of section 177 of the Criminal
Justice Act 2003 (c. 44)),
(b)
suspended sentence orders (within the meaning of section 189(7) of that
Act), and
10
(c)
youth rehabilitation orders (within the meaning of Part 1 of the
Criminal Justice and Immigration Act 2008 (c. 4)).
128
Duty to assess impact of policy and legislative proposals
(1)
This section applies where the Lord Chancellor refers to the Council any
government policy proposal, or government proposal for legislation, which
15
the Lord Chancellor considers may have a significant effect on one or more of
the following—
(a)
the resources required for the provision of prison places;
(b)
the resources required for probation provision;
(c)
the resources required for the provision of youth justice services.
20
(2)
For the purposes of subsection (1)—
“government policy proposal” includes a policy proposal of the Welsh
Ministers;
“government proposal for legislation” includes a proposal of the Welsh
Ministers for legislation.
25
(3)
The Council must assess the likely effect of the proposal on the matters
mentioned in paragraphs (a) to (c) of subsection (1).
(4)
The Council must prepare a report of the assessment and send the report—
(a)
to the Lord Chancellor, and
(b)
if the report relates to a proposal of the Welsh Ministers, to the Welsh
30
Ministers.
(5)
A single report may be prepared of the assessments relating to 2 or more
proposals.
(6)
If the Lord Chancellor receives a report under subsection (4) the Lord
Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay
35
a copy of it before each House of Parliament.
(7)
If the Welsh Ministers receive a report under subsection (4) they must lay a
copy of it before the National Assembly for Wales.
(8)
The Council must publish a report which has been laid in accordance with
subsections (6) and (7).
40
(9)
In this section “legislation” means—
(a)
an Act of Parliament if, or to the extent that, it extends to England and
Wales;

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
81

(b)
subordinate legislation made under an Act of Parliament if, or to the
extent that, the subordinate legislation extends to England and Wales;
(c)
a Measure or Act of the National Assembly for Wales or subordinate
legislation made under such a Measure or Act.
Lord Chancellor’s functions
5
129
Assistance by the Lord Chancellor
The Lord Chancellor may provide the Council with such assistance as it
requests in connection with the performance of its functions.
130
Entrenchment of Lord Chancellor’s functions
In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions
10
of the Lord Chancellor), in Part A of paragraph 4—
(a)
for the entry for the Criminal Justice Act 2003 (c. 44) substitute—
“Criminal Justice Act 2003 (c. 44)
Section 174(4)
Section 269(6) and (7)”, and
15
(b)
after the entry for the Tribunals, Courts and Enforcement Act 2007
(c. 15) insert—
“Coroners and Justice Act 2009 (c. 00)
Section 115(1) and (2)
Section 116(6)
20
Section 118(4)
Section 120(1)
Section 127(2)
Section 128(1), (4) and (6)
Section 129
25
Schedule 15”.
Miscellaneous and general
131
Abolition of existing sentencing bodies
The following are abolished—
(a)
the Sentencing Guidelines Council;
30
(b)
the Sentencing Advisory Panel.
132
Interpretation of this Chapter
In this Chapter, except where the context otherwise requires—
“allocation guidelines” has the meaning given by section 118;
“annual report” means a report made under section 115;
35
“the category range” has the meaning given by section 117(4)(b);
“the Council” means the Sentencing Council for England and Wales;
“definitive sentencing guidelines” means sentencing guidelines issued by
the Council under section 116 as definitive guidelines, as revised by any
subsequent guidelines so issued;
40

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 2 — Other provisions relating to sentencing
82

“financial year” means a period of 12 months ending with 31 March;
“the offence range” has the meaning given by section 117(4)(a);
“prison”—
(a)
includes any youth detention accommodation within the
meaning of section 107(1) of the Powers of Criminal Courts
5
(Sentencing) Act 2000 (c. 6) (detention and training orders), but
(b)
does not include any naval, military or air force prison;
“probation provision” has the meaning given by section 2 of the Offender
Management Act 2007 (c. 21);
“sentence”, in relation to an offence, includes any order made by a court
10
when dealing with the offender in respect of the offender’s offence, and
“sentencing” is to be construed accordingly;
“sentencing guidelines” has the meaning given by section 116;
“the sentencing starting point”, in relation to the offence range, has the
meaning given by section 117(10);
15
“youth justice services” has the meaning given by section 38(4) of the
Crime and Disorder Act 1998 (c. 37).
Chapter 2
Other provisions relating to sentencing
Driving disqualification
20
133
Extension of driving disqualification
Schedule 16 makes provision about the extension of disqualification for
holding or obtaining a driving licence in certain circumstances.
Dangerous offenders
134
Dangerous offenders: terrorism offences (England and Wales)
25
(1)
Part 1 of Schedule 15 to the Criminal Justice Act 2003 (c. 44) (specified violent
offences for the purposes of Chapter 5 of Part 12 of that Act) is amended as
follows.
(2)
After paragraph 59 insert—
“59A
An offence under section 54 of the Terrorism Act 2000 (weapons
30
training).
59B
An offence under section 56 of that Act (directing terrorist
organisation).
59C
An offence under section 57 of that Act (possession of article for
terrorist purposes).
35
59D
An offence under section 59 of that Act (inciting terrorism overseas).”
(3)
After paragraph 60 insert—
“60A
An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).

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