Coroners and Justice Bill
EIGHTH
MARSHALLED
LIST OF AMENDMENTS
TO BE MOVED
IN COMMITTEE
The amendments have been marshalled in accordance with the Instruction of 1st June 2009, as follows—
Schedule 13
Clauses 105 to 123
Schedule 14
Clauses 124 to 128
Schedule 15
Clauses 129 to 136
Schedule 16
Clauses 137 to 152 | Schedule 17
Clauses 153 to 158
Schedule 18
Clauses 159 and 160
Schedule 19 and 20
Clause 161
Schedule 21
Clauses 162 to 166 |
[Amendments marked * are new or have been altered]
Amendment
No.
| 187AA | Page 149, line 20, leave out "the following members" |
| 187AB | Page 149, line 21, leave out "8" and insert "10" |
| 187BA | Page 149, line 27, leave out from "appoint" to end of line 33 and insert— |
| "(a) | a judicial member to chair the Council ("the chairing member"), and |
| (b) | another judicial member to chair the Council in the absence of the chairing member." |
| 187BB | Page 149, line 35, leave out sub-paragraphs (1) and (2) and insert— |
| "(1) | A person is eligible for appointment as a judicial member if the person is— |
| (a) | a judge of the Court of Appeal, |
| (b) | a puisne judge of the High Court, |
| (d) | a District Judge (Magistrates' Courts), or |
| (2) | The judicial members must include at least one Circuit judge, one District Judge (Magistrates' Courts) and one lay justice." |
| 187BC | Page 149, line 40, leave out "2" and insert "4" |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 187C | Page 150, line 4, after "to" insert "their experience and capacity for evaluating evidence on the effectiveness of different sentences, and to" |
| 188 | Page 150, line 20, at end insert— |
| "( ) | the rehabilitation of offenders" |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 188A | Page 150, line 20, at end insert— |
| 188AZA | Page 150, line 20, at end insert— |
| 188AA | Page 150, line 23, at end insert— |
| | "President of the Council |
| (1) | The Lord Chief Justice is to have the title of President of the Sentencing Council for England and Wales. |
| (2) | The President is not a member of the Council." |
| 188AB | Page 151, line 4, leave out "2(1) or (2)" and insert "2" |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 188B | Page 64, line 23, at end insert— |
| "( ) | In proposing sentencing guidelines, the Sentencing Council must have specific regard to the comparative effectiveness of different sentence options and indicate the data, research findings or other evidence on which the Council has relied in preparing its guidance." |
| 188C | Page 65, line 19, at end insert— |
| "( ) | the relative effectiveness of different sentences in preventing re-offending;" |
| 188CA | Page 65, line 20, leave out paragraph (b) |
| 188CB | Page 65, line 20, at end insert— |
| "( ) | the impact of sentencing decisions on victims of offences;" |
| 188CC | Page 65, line 22, leave out paragraph (d) |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 188D | Page 65, line 22, leave out paragraph (d) and insert— |
| "( ) | the relative effectiveness of different sentences in preventing re-offending |
| ( ) | the cost of different sentences" |
| 188E | Page 65, line 26, leave out subsections (1) and (2) insert— |
| "(1) | When exercising functions under section 106, the Council is to have regard to the desirability of sentencing guidelines which relate to a particular offence being structured in the way described in subsections (2) to (8A). |
| (2) | The guidelines should, if reasonably practicable given the nature of the offence, describe, by reference to one or more of the factors mentioned in subsection (3), different categories of case involving the commission of the offence which illustrate in general terms the varying degrees of seriousness with which the offence may be committed." |
| 188F | Page 65, line 36, at end insert— |
| "( ) | such other factors as the Council considers to be particularly relevant to the seriousness of the offence in question." |
| 188G | Page 65, line 37, leave out "must" and insert "should" |
| 188H | Page 65, line 41, leave out "under" and insert "in accordance with" |
| 188J | Page 65, line 42, after "sentences" insert "("the category range")" |
| 188K | Page 65, line 45, leave out "must" and insert "should" |
| 188L | Page 66, line 2, leave out "under" and insert "in accordance with" |
| 188M | Page 66, line 5, leave out "must" and insert "should" |
| 188N | Page 66, line 6, at beginning insert "(to the extent not already taken into account by categories of case described in accordance with subsection (2))" |
| 188P | Page 66, line 26, leave out "under subsection (6)(c) must" and insert "in accordance with subsection (6)(c) should" |
| 188Q | Page 66, line 29, at end insert— |
| "(8A) | The provision made in accordance with subsections (2) to (8) may be different for different circumstances or cases involving the offence." |
| 188R | Page 66, line 31, leave out "under" and insert "in accordance with" |
| 188S | Page 66, line 33, leave out "sentence" and insert "starting point" |
| 188T | Page 66, line 34, leave out "listed in the guidelines under" and insert "mentioned in" |
| 188U | Page 66, line 37, leave out "under" and insert "in accordance with" |
| 188V | Page 66, line 39, leave out "sentence" and insert "starting point" |
| 188W | Page 66, line 40, leave out "listed in the guidelines under" and insert "mentioned in" |
| 188X | Page 66, line 43, leave out subsections (10) and (11) |
| 188XA* | Insert the following new Clause— |
| | "Sentencing guidelines: voting |
| | The sentencing guidelines relating to a particular offence must specify whether the offender will be capable of voting at any parliamentary or local government election during the time he is detained in a penal institution in pursuant of his sentence." |
| 188Y | Page 68, line 46, at end insert— |
| "( ) | This section is without prejudice to any power of the appeal court to provide guidance relating to the sentencing of offenders in a judgment of the court." |
| 188Z* | Insert the following new Clause— |
| | "Sentencing guidelines: consequential provision |
| | Section 3 of the Representation of the People Act 1983 (c. 2) (disfranchisement of offenders in prison etc.) is repealed." |
| 189 | Page 69, line 4, leave out "follow" and insert "have regard to" |
| 189A | Page 69, line 7, leave out "follow" and insert "have regard to" |
| 189B | 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 | 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." |
| 190 | Page 71, line 38, at end insert— |
| | "but nothing in this subsection shall entitle the Council to comment on the sentences imposed by individual judges" |
| 191 | Page 72, line 2, at end insert— |
| (a) | monitor the operation of out of court disposals to include fixed penalty notices, penalty notices for disorder and conditional cautions, and |
| (b) | consider what conclusions can be drawn from the information obtained by virtue of paragraph (a)." |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 191ZA | Page 72, line 10, leave out "may" and insert "must" |
| 191ZB | Page 72, line 12, after "the" insert "custodial and non-custodial" |
| 191ZC | Page 72, line 13, leave out paragraphs (b) and (c) and insert— |
| "( ) | the relative effectiveness of different sentences in preventing re-offending; |
| ( ) | the cost of different sentences" |
| 191ZD | Page 72, line 15, at end insert— |
| "( ) | The Council shall perform its functions under subsection (2) in such manner as it thinks fit but may, in particular, do so by— |
| (a) | carrying out programmes of education or information to promote public awareness of any of the matters mentioned in subsection (2); or |
| (b) | making grants to other persons or bodies for the purpose of enabling them to carry out such programmes." |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 191ZE | Page 72, line 24, leave out "demand" and insert "resources required" |
| | BARONESS LINKLATER OF BUTTERSTONE |
| 191ZF | Page 73, line 12, leave out from beginning to "to" and insert "The Lord Chancellor must refer" |
| 191ZG | Page 73, line 16, leave out "demand" and insert "resources required" |
| 191ZH | Page 73, line 18, at end insert— |
| "(1A) | The Council may report to the Lord Chancellor on any government policy proposal, or government proposal for legislation, which it considers may have a significant effect on one of more of the following— |
| (a) | the resources required for prison places; |
| (b) | the resources required for probation provision; |
| (c) | the resources required for the provision of youth justice services." |
| 191ZJ | Page 73, line 19, leave out "subsection (1)" and insert "subsections (1) and (1A)" |
| 191ZK | Page 73, line 25, leave out "subsection (1)" and insert "subsections (1) and (1A)" |
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