SECOND GROUP OF PARTSProvisions applying to sentencing courts generally

PART 4Exercise of court's discretion

CHAPTER 2Sentencing guidelines

I162Sentencing guidelines duties: interpretation

1

In this Chapter—

  • “mental disorder”, in relation to a person, has the same meaning as in the Mental Health Act 1983;

  • “the principal guidelines duty” means the duty, imposed by section 59(1)(a), of a court, in sentencing an offender, to follow any sentencing guidelines which are relevant to the offender's case;

  • “offence-specific guidelines” means any sentencing guidelines issued in relation to a particular offence which are structured in the way described in section 121(2) to (5) of the Coroners and Justice Act 2009 (and “the offence-specific guidelines”, in relation to an offence, means, if any such guidelines have been issued in relation to the offence, those guidelines);

  • “the sentencing starting point”, in relation to the offence range, has the meaning given by section 121(10) of the Coroners and Justice Act 2009.

2

For the purposes of this Chapter—

a

references to the following are to be read in accordance with section 121 of the Coroners and Justice Act 2009 (sentencing ranges)—

  • the offence range;

  • the category range;

  • the starting point;

  • the appropriate starting point;

b

offence-specific guidelines describe different seriousness categories if they describe different categories of case in accordance with subsection (2) of that section.