Criminal Justice Act 2003

167 The Sentencing Guidelines Council E+W

(1) There shall be a Sentencing Guidelines Council (in this Chapter referred to as the Council) consisting of—

(a) the Lord Chief Justice, who is to be chairman of the Council,

(b) seven members (in this section and section 168 referred to as “judicial members”) appointed by the [F1 Lord Chief Justice] after consultation with F2 . . . the [F3 Lord Chancellor], and

(c) four members (in this section and section 168 referred to as “non-judicial members”) appointed by the [F4 Lord Chancellor] after consultation with the [F5 Secretary of State] and the Lord Chief Justice.

(2) A person is eligible to be appointed as a judicial member if he is—

(a) a Lord Justice of Appeal,

(b) a judge of the High Court,

(c) a Circuit judge,

(d) a District Judge (Magistrates' Courts), or

(e) a lay justice.

(3) The judicial members must include a Circuit judge, a District Judge (Magistrates' Courts) and a lay justice.

(4) A person is eligible for appointment as a non-judicial member if he appears to the [F6 Lord Chancellor] to have experience in one or more of the following areas—

(a) policing,

(b) criminal prosecution,

(c) criminal defence, and

(d) the promotion of the welfare of victims of crime.

(5) The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions.

(6) The non-judicial members must include at least one person appearing to the [F6 Lord Chancellor] to have experience in each area.

(7) The Lord Chief Justice must appoint one of the judicial members or non-judicial members to be deputy chairman of the Council.

(8) In relation to any meeting of the Council from which the Lord Chief Justice is to be absent, he may nominate any person eligible for appointment as a judicial member to act as a member on his behalf at the meeting.

(9) The [F6 Lord Chancellor] may appoint a person appearing to him to have experience of sentencing policy and the administration of sentences to attend and speak at any meeting of the Council.

[F7 (10) The Lord Chief Justice may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this section.]

(10) In this section and section 168 “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).

Textual Amendments

F1 Words in s. 167(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 357(2)(a); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F2 Words in s. 167(1)(b) omitted (22.8.2007) by virtue of The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 9(2)(a)(i)

F3 Words in s. 167(1)(b) substituted (3.4.2006) by Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 357(2)(b); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

F4 Words in s. 167(1)(b) substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 9(2)(a)(ii)

F5 Words in s. 167(1)(b) substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 9(2)(a)(ii)

F6 Words in s. 167(4)(6)(9) substituted (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 8, Sch. para. 9(2)(b)

F7 S. 167(10) inserted (3.4.2006) after s. 167(9) by virtue of Constitutional Reform Act 2005 (c. 4), ss. 15(1), 148, Sch. 4 para. 357(3); S.I. 2006/1014, art. 2(a), Sch. 1 para. 11(cc)

Modifications etc. (not altering text)

C1 S. 167(1)(b)(c): functions transferred to the Lord Chancellor (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(c) (with art. 7)

C2 S. 167(1)(c): function transferred to the Secretary of State (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 5(1) (with art. 7)

C3 S. 167(9): functions transferred to the Lord Chancellor (22.8.2007) by The Secretary of State for Justice Order 2007 (S.I. 2007/2128), art. 4(1)(c) (with art. 7)