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Coroners and Justice Act 2009,
Part 8
is up to date with all changes known to be in force on or before 04 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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79U.K.In 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.”
Commencement Information
I1Sch. 21 para. 79 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
80U.K.In 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 ”.
Commencement Information
I2Sch. 21 para. 80 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
81U.K.In 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 ”.
Commencement Information
I3Sch. 21 para. 81 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
82U.K.In 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.”
Commencement Information
I4Sch. 21 para. 82 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
83U.K.The Criminal Justice Act 2003 is amended as follows.
Commencement Information
I5Sch. 21 para. 83 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b) (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)
84U.K.In 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;”.
Commencement Information
I6Sch. 21 para. 84 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b) (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)
85U.K.In 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 ”.
Commencement Information
I7Sch. 21 para. 85 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
86U.K.In 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;”.
Commencement Information
I8Sch. 21 para. 86 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
87U.K.In 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.”
Commencement Information
I9Sch. 21 para. 87 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
88U.K.In Schedule 38 (transitory, transitional and saving provisions), omit paragraphs 2 and 3.
Commencement Information
I10Sch. 21 para. 88 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
89U.K.In 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.”
Commencement Information
I11Sch. 21 para. 89 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 20(b)
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