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Coroners and Justice Act 2009
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- 2009 c. 25
- Schedule 21
- Part 8
- Criminal Justice Act 2003 (c. 44)
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Changes and effects
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- specified provision(s) amendment to earlier commencing SI 2010/145 by S.I. 2010/186 art. 2
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 4
- Blanket amendment words substituted by S.I. 2011/1043 art. 3 6
Commencement Orders yet to be applied to the Coroners and Justice Act 2009:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.I. 2009/3253 art. 2 3 commences (2009 c. 25)
- S.I. 2010/28 art. 2 commences (2009 c. 25)
- S.I. 2010/145 art. 2 Sch. commences (2009 c. 25)
- S.I. 2010/816 art. 2-6 Sch. commences (2009 c. 25)
- S.I. 2010/1858 art. 2 3 commences (2009 c. 25)
- S.I. 2011/722 art. 2 amendment to earlier commencing SI 2010/816 art. 7(2)
- S.I. 2011/1122 art. 2 commences (2009 c. 25)
- S.I. 2011/1452 art. 2 commences (2009 c. 25)
- S.I. 2011/2148 art. 2 commences (2009 c. 25)
- S.R. 2011/182 art. 2 commences (2009 c. 25)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2012/1432 art. 2 commences (2012 c. 4)
Prospective
Criminal Justice Act 2003 (c. 44)E+W+S+N.I.
83The Criminal Justice Act 2003 is amended as follows.E+W+S+N.I.
84In section 174 (duty to give reasons for, and explain effect of, sentence)—E+W+S+N.I.
(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;”.
85In section 269 (determination of minimum term in relation to mandatory life sentence)—E+W+S+N.I.
(a)in subsection (6), for “Secretary of State” substitute “ Lord Chancellor ”, and
(b)in subsection (7), for “Secretary of State shall consult the Sentencing Guidelines Council” substitute “ Lord Chancellor must consult the Sentencing Council for England and Wales ”.
86In section 277 (interpretation of Chapter 7), for the definition of “guidelines” substitute—E+W+S+N.I.
““guidelines” means sentencing guidelines issued by the Sentencing Council for England and Wales as definitive guidelines under section 120 of the Coroners and Justice Act 2009, as revised by any subsequent guidelines so issued;”.
87In section 330 (orders and rules), in subsection (1), after paragraph (b) add—E+W+S+N.I.
“(c)the powers conferred on the Lord Chancellor by sections 174(4) and 269(6) to make an order.”
88In Schedule 38 (transitory, transitional and saving provisions), omit paragraphs 2 and 3.E+W+S+N.I.
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