Coroners and Justice Act 2009

Valid from 06/04/2010

Criminal Justice Act 2003 (c. 44) U.K.

83 U.K. The Criminal Justice Act 2003 is amended as follows.

84 U.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;”.

85 U.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 ”.

86 U.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;”.

87 U.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.”

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