Coroners and Justice Act 2009

Criminal Justice Act 2003 (c. 44)

84 In section 174 (duty to give reasons for, and explain effect of, sentence)—

(a) for subsection (2)(a) substitute—

“(a) identify any definitive sentencing guidelines relevant to the offender’s case and explain how the court discharged any duty imposed on it by section 125 of the Coroners and Justice Act 2009,

(aa) where the court did not follow any such guidelines because it was of the opinion that it would be contrary to the interests of justice to do so, state why it was of that opinion,”,

(b) in subsection (2)(e), for “of particular importance” substitute “relevant to the case”,

(c) in subsection (4), for “Secretary of State” substitute “Lord Chancellor”, and

(d) in subsection (6), for the definition of “guidelines” substitute—

• ““definitive sentencing guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued;”.