Legislation – Coroners and Justice Act 2009

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Part 4Sentencing

Chapter 1Sentencing Council for England and Wales

Guidelines

120Sentencing guidelines

(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.

F2(4A)

But sentencing guidelines about pre-sentence reports may not include provision framed by reference to different personal characteristics of an offender.

(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 F3—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given, issue them as definitive guidelines.

(8)

In any other case, the Council may, after making F4any amendments of the draft guidelines which it considers appropriate—

(a)

seek the consent of the Lord Chief Justice and the Lord Chancellor to issue them as definitive guidelines, and

(b)

if such consent is given , issue them as definitive guidelines.

F5(8A)

The Lord Chief Justice and the Lord Chancellor must consider any request for consent under subsection (7) or (8) as soon as practicable after receiving the request.

(8B)

The Lord Chief Justice or the Lord Chancellor may withhold consent under subsection (7) or (8) only if the Lord Chief Justice or (as the case may be) the Lord Chancellor considers that it is necessary to do so in order to maintain public confidence in the criminal justice system.

(8C)

If the Lord Chief Justice or the Lord Chancellor decides to withhold consent under subsection (7) or (8), the Lord Chief Justice or (as the case may be) the Lord Chancellor must, as soon as practicable after making the decision, lay before Parliament a document stating the reason for the decision.

(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) F6to (8C) 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.

F7(12)

For the purposes of this section—

“personal characteristics” include, in particular—

(a)

race;

(b)

religion or belief;

(c)

cultural background;

“pre-sentence report” has the same meaning as in the Sentencing Code (see section 31 of the Code).