Coroners and Justice Act 2009

131 Resources: effect of factors not related to sentencing

(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 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 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;

(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 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)).