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Criminal Law, England And Wales
10th March 2011
Coming into force
11th March 2011
The Lord Chancellor, in exercise of the powers conferred by sections 182(4) and 176(3) of the Coroners and Justice Act 2009(1), makes the following Order:
1. This Order may be cited as the Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) (Amendment) Order 2011, and it comes into force on the day after the day on which it is made.
2. (1) Article 7 of the Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Saving Provisions) Order 2010(2) is amended as follows.
(2) In paragraph (2), after “6th April 2010” insert—
“; and for these purposes “guidelines” in section 172(2) shall be treated as including definitive sentencing guidelines within the meaning of section 136 of the 2009 Act. ”
Signed by authority of the Lord Chancellor
Parliamentary Under Secretary of State
Ministry of Justice
10th March 2011
(This note does not form part of the Order)
The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Savings Provisions) Order 2010 brought into force on 6th April 2010 the repeal of section 172 and amendment of section 174 of the Criminal Justice Act 2003 under which a Court was required to have regard to and explain its decisions by reference to sentencing guidelines issued by the Sentencing Guidelines Council. The repeal is subject to the transitional and saving provision in Article 7(2) and (3) of the Order which specifies that the repeal has no effect where a Court is sentencing an offender for an offence committed before 6th April 2010. This Order amends Article 7(2) so as to require a Court, when sentencing an offender for an offence committed before 6th April 2010, to have regard to and explain decisions by reference to sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as well as to guidelines under section 170 of the 2003 Act.
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