Proceeding contribution from Lord Bach (Labour) in the House of Lords on Wednesday, 15 July 2009. It occurred during Committee of the Whole House (HL) and Debate on bill on Coroners and Justice Bill.
Coroners and Justice Bill
Amendments 189B and 189C 189B: Clause 111, page 69, line 15, leave out "contain provision by virtue of section 107" and insert "are structured in the way described in section 107(2) to (5)" 189C: Clause 111, page 69, line 17, leave out subsections (3) and (4) and insert— "(3) The duty imposed on a court by subsection (1)(a) to follow any sentencing guidelines which are relevant to the offender’s case includes— (a) in all cases, a duty to impose on P, in accordance with the offence-specific guidelines, a sentence which is within the offence range, and (b) where the offence-specific guidelines describe categories of case in accordance with section 107(2), a duty to decide which of the categories most resembles P’s case in order to identify the sentencing starting point in the offence range; but nothing in this section imposes on the court a separate duty, in a case within paragraph (b), to impose a sentence which is within the category range. (4) Subsection (3)(b) does not apply if the court is of the opinion that, for the purpose of identifying the sentence within the offence range which is the appropriate starting point, none of the categories sufficiently resembles P’s case." Amendments 189B and 189C agreed. Clause 111, as amended, agreed. Clauses 112 and 113 agreed. House resumed.
Secondary information
- Type
- Proceeding contribution
- Reference
- 712 c1228-9
- Session
- 2008-09
- Chamber / Committee
- House of Lords chamber
- Subjects
- Children Civil liberties Criminal proceedings Crime Administration of justice Confiscation orders Custodial treatment Court of Appeal Age of criminal responsibility Women Judiciary Public appointments Prisoners Lord Chief Justice Prison sentences New Zealand Sentencing Young people Young offenders Voting rights Reoffenders Sentencing Guidelines Council Sentencing Council for England and Wales
- Legislation
- Coroners and Justice Bill 2008-09
- Link
- View this Proceeding contribution on www.publications.parliament.uk
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