Search Legislation

Coroners and Justice Act 2009

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 120

 Help about opening options

Alternative versions:

Status:

Point in time view as at 01/12/2020.

Changes to legislation:

There are currently no known outstanding effects for the Coroners and Justice Act 2009, Section 120. Help about Changes to Legislation

120Sentencing guidelinesE+W
This section has no associated Explanatory Notes

(1)In this Chapter “sentencing guidelines” means guidelines relating to the sentencing of offenders.

(2)A sentencing guideline may be general in nature or limited to a particular offence, particular category of offence or particular category of offender.

(3)The Council must prepare—

(a)sentencing guidelines about the discharge of a court's duty under [F1section 73 of the Sentencing Code] (reduction in sentences for guilty pleas), and

(b)sentencing guidelines about the application of any rule of law as to the totality of sentences.

(4)The Council may prepare sentencing guidelines about any other matter.

(5)Where the Council has prepared guidelines under subsection (3) or (4), it must publish them as draft guidelines.

(6)The Council must consult the following persons about the draft guidelines—

(a)the Lord Chancellor;

(b)such persons as the Lord Chancellor may direct;

(c)the Justice Select Committee of the House of Commons (or, if there ceases to be a committee of that name, such committee of the House of Commons as the Lord Chancellor directs);

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

(7)In the case of guidelines within subsection (3), the Council must, after making any amendments of the guidelines which it considers appropriate, issue them as definitive guidelines.

(8)In any other case, the Council may, after making such amendments, issue them as definitive guidelines.

(9)The Council may, from time to time, review the sentencing guidelines issued under this section, and may revise them.

(10)Subsections (5), (6) and (8) apply to a revision of the guidelines as they apply to their preparation (and subsection (8) applies even if the guidelines being revised are within subsection (3)).

(11)When exercising functions under this section, the Council must have regard to the following matters—

(a)the sentences imposed by courts in England and Wales for offences;

(b)the need to promote consistency in sentencing;

(c)the impact of sentencing decisions on victims of offences;

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

(e)the cost of different sentences and their relative effectiveness in preventing re-offending;

(f)the results of the monitoring carried out under section 128.

Textual Amendments

Commencement Information

I1S. 120 in force at 6.4.2010 by S.I. 2010/816, art. 2, Sch. para. 8 (with art. 7) (as amended (11.3.2011) by S.I. 2011/722, art. 2)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?