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| | Clause 92, page 56, line 21, at end insert— |
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| | | ‘(4) | For the avoidance of doubt, an enforcement hearing relating to a confiscation |
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| | | order under this section does not include a contested application for a confiscation |
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| | Clause 96, page 57, leave out lines 27 and 28. |
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| | Clause 96, page 57, line 29, leave out paragraph (b). |
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| | Clause 97, page 58, line 29, after ‘murder’ , insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 4, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 7, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 19, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 98, page 59, line 20, after ‘murder’, insert ‘, attempted murder, |
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| | manslaughter, rape or attempted rape’. |
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| | Clause 99, page 59, line 40, leave out ‘fitness to plead’ and insert ‘whether the |
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| | accused did the act or made the omission charged’. |
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| | Page 59, line 25, leave out Clause 99. |
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| | Clause 100, page 60, line 17, at end insert— |
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| | | ‘(1A) | The purpose of the Council shall be to issue guidance to sentencers, having |
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| | | particular regard to the effectiveness of each form of sentence in reducing re- |
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| | Page 60, line 16, leave out Clause 100. |
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| | Schedule 13, page 148, line 20, at end insert— |
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| | | ‘(c) | 6 members appointed by resolution of the House of Commons.’. |
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| | Schedule 13, page 148, line 20, at end insert— |
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| | | ‘(c) | 6 members appointed by the Prime Minister (“independent members”).’. |
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| | Schedule 13, page 148, line 36, at end insert— |
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| | | ‘(1A) | When appointing judicial members, the Lord Chief Justice must have regard to |
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| | | the need for the judicial members to include at least one person who sits in the |
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| | Schedule 13, page 149, line 2, after ‘to’, insert ‘their experience and capacity for |
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| | evaluating evidence on the effectiveness of different sentences, and to’. |
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| | Schedule 13, page 149, line 7, at end insert— |
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| | | ‘(5) | When appointing independent members, the Prime Minister shall have regard to |
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| | | their experience of and capacity for assessing evidence especially in relation to |
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| | | the effectiveness of sentences in terms of reducing re-offending.’. |
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| | Schedule 13, page 149, line 18, at end insert— |
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| | | ‘(h) | children’s services.’. |
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| | Schedule 13, page 150, line 2, leave out sub-paragraph (1). |
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| | Page 60, line 19, leave out Clause 101. |
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| | Clause 102, page 61, line 6, leave out subsection (4). |
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| | Clause 102, page 61, line 11, at end insert— |
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| | | ‘(ba) | the Justice Select Committee of the House of Commons (or, if there |
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| | | ceases to be a committee of that name, such committee of the House of |
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| | | Commons as the Lord Chancellor directs);’. |
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| | Clause 102, page 61, line 25, at end insert— |
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| | | ‘(aa) | The relative effectiveness of different sentences in preventing re- |
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| | Clause 102, page 61, line 28, leave out paragraph (d). |
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| | Clause 102, page 61, line 28, leave out ‘and their relative effectiveness in |
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| | preventing re-offending.’. |
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| | Clause 102, page 60, line 33, at end insert— |
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| | | ‘(1A) | In proposing sentencing guidelines the Sentencing Council must have specific |
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| | | regard to the comparative effectiveness of different sentence options and indicate |
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| | | the data, research findings or other evidence on which the Council has relied in |
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| | | preparing its guidance.’. |
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| | Page 60, line 31, leave out Clause 102. |
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| | Page 61, line 31, leave out Clause 103. |
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| | Clause 104, page 63, line 12, leave out paragraph (b). |
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| | Clause 104, page 63, line 12, at end insert— |
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| | | ‘(ba) | the Justice Select Committee of the House of Commons (or, if there |
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| | | ceases to be a committee of that name, such committee of the House of |
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| | | Commons as the Lord Chancellor directs);’. |
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| | Clause 104, page 63, line 13, leave out paragraph (c). |
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| | Page 63, line 1, leave out Clause 104. |
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| | Clause 105, page 63, line 38, leave out ‘or’ and insert ‘to’. |
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| | Clause 105, page 63, line 41, leave out ‘or’ and insert ‘to’. |
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| | Page 63, line 25, leave out Clause 105. |
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| | Clause 106, page 64, line 23, leave out from ‘guidelines’ to end of line 25 and |
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| | insert ‘must follow the judgment by revising the guideline in line with the judgment’. |
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| | Clause 106, page 64, line 24, leave out from ‘so’ to end of line 25. |
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| | Page 64, line 2, leave out Clause 106. |
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| | Clause 107, page 64, line 42, leave out ‘follow’ and insert ‘have regard to’. |
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| | Clause 107, page 65, line 2, leave out ‘follow’ and insert ‘have regard to’. |
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| | Clause 107, page 65, line 4, leave out from ‘that’ to end of line 5 and insert ‘there |
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| | are exceptional circumstances relating to the case which make it unnecessary to do so.’. |
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| | Clause 107, page 65, line 12, leave out ‘follow’ and insert ‘have regard to’. |
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| | Clause 107, page 65, line 12, leave out from beginning of line 13 and insert ‘In |
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| | having regard to any sentencing guidelines which are relevant to the offender’s case the |
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| | Clause 107, page 65, line 16, leave out ‘impose’ and insert ‘consider imposing’. |
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| | Clause 107, page 65, line 29, leave out ‘duty imposed by’ and insert ‘matters |
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| | Clause 107, page 65, line 29, leave out ‘is’ and insert ‘are’. |
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| | Clause 107, page 66, line 3, leave out ‘Act 1983 (c. 20)’ and insert ‘Acts 1983 and |
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| | Page 64, line 40, leave out Clause 107. |
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| | Page 66, line 6, leave out Clause 108. |
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| | Clause 109, page 67, line 15, at end add— |
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| | | ‘(6) | Whilst the courts may have regard to the availability of correctional resources, for |
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| | | the avoidance of doubt the courts must not pass a sentence that is wholly |
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| | | determined by resource assessments which are expressly intended for the |
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| | | guidance of the Secretary of State in planning for and providing such custodial or |
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|
