Coroners and Justice Bill

House of Commons

Session 2008 - 09
Internet Publications
Other Bills before Parliament

Coroners and Justice Bill

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
67

(2)
The Council must publish a resource assessment in respect of the guidelines.
(3)
A resource assessment in respect of any guidelines is an assessment by the
Council of the likely effect of the guidelines on—
(a)
the demand for prison places,
(b)
the resources required for probation provision, and
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(c)
the resources required for the provision of youth justice services.
(4)
The resources assessment must be published—
(a)
in a case within subsection (1)(a), at the time of publication of the draft
guidelines;
(b)
in a case within subsection (1)(b), at the time the guidelines are issued
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or, where the guidelines are issued by virtue of section 105, as soon as
reasonably practicable after the guidelines are issued.
(5)
The Council must keep under review any resource assessment published
under this section, and, if the assessment is found to be inaccurate in a material
respect, publish a revised resource assessment.
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110
Monitoring
(1)
The Council must—
(a)
monitor the operation and effect of its sentencing guidelines, and
(b)
consider what conclusions can be drawn from the information obtained
by virtue of paragraph (a).
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(2)
The Council must, in particular, discharge its duty under subsection (1)(a) with
a view to drawing conclusions about—
(a)
the level of compliance with the guidelines;
(b)
the factors which influence the sentences imposed by courts;
(c)
the effect of the guidelines on the promotion of consistency in
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sentencing;
(d)
the effect of the guidelines on the promotion of public confidence in the
criminal justice system.
(3)
When reporting on the exercise of its functions under this section in its annual
report for a financial year, the Council must include—
30
(a)
a summary of the information obtained under subsection (1)(a), and
(b)
a report of any conclusions drawn by the Council under subsection
(1)(b).
111
Promoting awareness
(1)
The Council must publish, at such intervals as it considers appropriate—
35
(a)
in relation to each local justice area, information regarding the
sentencing practice of the magistrates’ courts acting in that area, and
(b)
in relation to each location at which the Crown Court sits, information
regarding the sentencing practice of the Crown Court when it sits at
that location.
40
(2)
The Council may promote awareness of matters relating to the sentencing of
offenders by courts in England and Wales, including, in particular—
(a)
the sentences imposed by courts in England and Wales;

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
68

(b)
the cost of different sentences and their relative effectiveness in
preventing re-offending;
(c)
the operation and effect of guidelines under this Chapter.
(3)
For the purposes of subsection (2), the Council may, in particular, publish any
information obtained or produced by it in connection with its functions under
5
section 110(1).
112
Resources: effect of sentencing practice
(1)
The annual report for a financial year must contain a sentencing factors report.
(2)
A sentencing factors report is an assessment made by the Council, using the
information available to it, of the effect which any changes in the sentencing
10
practice of courts are having or are likely to have on each of the following—
(a)
the demand for prison places;
(b)
the resources required for probation provision;
(c)
the resources required for the provision of youth justice services.
113
Resources: effect of factors not related to sentencing
15
(1)
The annual report for a financial year must contain a non-sentencing factors
report.
(2)
The Council may, at any other time, provide the Lord Chancellor with a non-
sentencing factors report, and may publish that report.
(3)
A non-sentencing factors report is a report by the Council of any significant
20
quantitative effect (or any significant change in quantitative effect) which non-
sentencing factors are having or are likely to have on the resources needed or
available for giving effect to sentences imposed by courts in England and
Wales.
(4)
Non-sentencing factors are factors which do not relate to the sentencing
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practice of the courts, and include—
(a)
the recalling of persons to prison;
(b)
breaches of orders within subsection (5);
(c)
patterns of re-offending;
(d)
decisions or recommendations for release made by the Parole Board;
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(e)
the early release under discretionary powers of persons detained in
prison;
(f)
the remanding of persons in custody.
(5)
The orders within this subsection are—
(a)
community orders (within the meaning of section 177 of the Criminal
35
Justice Act 2003 (c. 44)),
(b)
suspended sentence orders (within the meaning of section 189(7) of that
Act), and
(c)
youth rehabilitation orders (within the meaning of Part 1 of the
Criminal Justice and Immigration Act 2008 (c. 4)).
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Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
69

114
Duty to assess impact of policy and legislative proposals
(1)
This section applies where the Lord Chancellor refers to the Council any
government policy proposal, or government proposal for legislation, which
the Lord Chancellor considers may have a significant effect on one or more of
the following—
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(a)
the demand for prison places;
(b)
the resources required for probation provision;
(c)
the resources required for the provision of youth justice services.
(2)
For the purposes of subsection (1)—
(a)
“government policy proposal” includes a policy proposal of the Welsh
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Ministers;
(b)
“government proposal for legislation” includes a proposal of the Welsh
Ministers for legislation.
(3)
The Council must assess the likely effect of the proposal on the matters
mentioned in paragraphs (a) to (c) of subsection (1).
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(4)
The Council must prepare a report of the assessment and send the report—
(a)
to the Lord Chancellor, and
(b)
if the report relates to a proposal of the Welsh Ministers, to the Welsh
Ministers.
(5)
A single report may be prepared of the assessments relating to two or more
20
proposals.
(6)
If the Lord Chancellor receives a report under subsection (4) the Lord
Chancellor must, unless it relates only to a proposal of the Welsh Ministers, lay
a copy of it before each House of Parliament.
(7)
If the Welsh Ministers receive a report under subsection (4) they must lay a
25
copy of it before the National Assembly for Wales.
(8)
The Council must publish a report which has been laid in accordance with
subsections (6) and (7).
(9)
In this section “legislation” means—
(a)
an Act of Parliament if, or to the extent that, it extends to England and
30
Wales;
(b)
subordinate legislation made under an Act of Parliament if, or to the
extent that, the subordinate legislation extends to England and Wales;
(c)
a Measure or Act of the National Assembly for Wales or subordinate
legislation made under such a Measure or Act.
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Lord Chancellor’s functions
115
Assistance by the Lord Chancellor
The Lord Chancellor may facilitate the performance by the Council of any of its
functions.
116
Entrenchment of Lord Chancellor’s functions
40
In Schedule 7 to the Constitutional Reform Act 2005 (c. 4) (protected functions
of the Lord Chancellor), in Part A of paragraph 4—

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 1 — Sentencing Council for England and Wales
70

(a)
for the entry for the Criminal Justice Act 2003 (c. 44) substitute—
“Criminal Justice Act 2003 (c. 44)
Section 174(4)
Section 269(6) and (7)”, and
(b)
after the entry for the Tribunals, Courts and Enforcement Act 2007
5
(c. 15) insert—
“Coroners and Justice Act 2009 (c. 00)
Section 101(1) and (2)
Section 102(6)
Section 104(4)
10
Section 106(1)
Section 113(2)
Section 114(1), (4) and (6)
Section 115
Schedule 13”.
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Miscellaneous and general
117
Abolition of existing sentencing bodies
The following are abolished—
(a)
the Sentencing Guidelines Council;
(b)
the Sentencing Advisory Panel.
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118
Interpretation of this Chapter
In this Chapter, except where the context otherwise requires—
“allocation guidelines” has the meaning given by section 104;
“annual report” means a report made under section 101;
“the Council” means the Sentencing Council for England and Wales;
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“definitive sentencing guidelines” means sentencing guidelines issued by
the Council under section 102 as definitive guidelines, as revised by any
subsequent guidelines so issued;
“financial year” means a period of 12 months ending with 31 March;
“prison”—
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(a)
includes any youth detention accommodation within the
meaning of section 107(1) of the Powers of Criminal Courts
(Sentencing) Act 2000 (c. 6) (detention and training orders), but
(b)
does not include any naval, military or air force prison;
“probation provision” has the meaning given by section 2 of the Offender
35
Management Act 2007 (c. 21);
“sentence”, in relation to an offence, includes any order made by a court
when dealing with the offender in respect of the offender’s offence, and
“sentencing” is to be construed accordingly;
“sentencing guidelines” has the meaning given by section 102;
40
“youth justice services” has the meaning given by section 38(4) of the
Crime and Disorder Act 1998 (c. 37).

Coroners and Justice Bill
Part 4 — Sentencing
Chapter 2 — Other provisions relating to sentencing
71

Chapter 2
Other provisions relating to sentencing
Driving disqualification
119
Extension of driving disqualification
Schedule 14 makes provision about the extension of disqualification for
5
holding or obtaining a driving licence in certain circumstances.
Dangerous offenders
120
Dangerous offenders: terrorism offences (England and Wales)
(1)
Part 1 of Schedule 15 to the Criminal Justice Act 2003 (c. 44) (specified violent
offences for the purposes of Chapter 5 of Part 12 of that Act) is amended as
10
follows.
(2)
After paragraph 59 insert—
“59A
An offence under section 54 of the Terrorism Act 2000 (weapons
training).
59B
An offence under section 56 of that Act (directing terrorist
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organisation).
59C
An offence under section 57 of that Act (possession of article for
terrorist purposes).
59D
An offence under section 59 of that Act (inciting terrorism overseas).”
(3)
After paragraph 60 insert—
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“60A
An offence under section 47 of the Anti-terrorism, Crime and
Security Act 2001 (use etc of nuclear weapons).
60B
An offence under section 50 of that Act (assisting or inducing certain
weapons-related acts overseas).
60C
An offence under section 113 of that Act (use of noxious substance or
25
thing to cause harm or intimidate).”
(4)
After paragraph 63A insert—
“63B
An offence under section 5 of the Terrorism Act 2006 (preparation of
terrorist acts).
63C
An offence under section 6 of that Act (training for terrorism).
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63D
An offence under section 9 of that Act (making or possession of
radioactive device or material).
63E
An offence under section 10 of that Act (use of radioactive device or
material for terrorist purposes etc).
63F
An offence under section 11 of that Act (terrorist threats relating to
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radioactive devices etc).”