Modifications etc. (not altering text)
C1Pt. 12 (ss. 142-305) modified (4.4.2005) by The Criminal Justice Act 2003 (Sentencing) (Transitory Provisions) Order 2005 (S.I. 2005/643), art. 3
Pt. 12 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(4), 383 (as amended (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 23(2)(b)); S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4
(1)There shall be a Sentencing Guidelines Council (in this Chapter referred to as the Council) consisting of—
(a)the Lord Chief Justice, who is to be chairman of the Council,
(b)seven members (in this section and section 168 referred to as “judicial members”) appointed by the Lord Chancellor after consultation with the Secretary of State and the Lord Chief Justice, and
(c)four members (in this section and section 168 referred to as “non-judicial members”) appointed by the Secretary of State after consultation with the Lord Chancellor and the Lord Chief Justice.
(2)A person is eligible to be appointed as a judicial member if he is—
(a)a Lord Justice of Appeal,
(b)a judge of the High Court,
(c)a Circuit judge,
(d)a District Judge (Magistrates' Courts), or
(e)a lay justice.
(3)The judicial members must include a Circuit judge, a District Judge (Magistrates' Courts) and a lay justice.
(4)A person is eligible for appointment as a non-judicial member if he appears to the Secretary of State to have experience in one or more of the following areas—
(a)policing,
(b)criminal prosecution,
(c)criminal defence, and
(d)the promotion of the welfare of victims of crime.
(5)The persons eligible for appointment as a non-judicial member by virtue of experience of criminal prosecution include the Director of Public Prosecutions.
(6)The non-judicial members must include at least one person appearing to the Secretary of State to have experience in each area.
(7)The Lord Chief Justice must appoint one of the judicial members or non-judicial members to be deputy chairman of the Council.
(8)In relation to any meeting of the Council from which the Lord Chief Justice is to be absent, he may nominate any person eligible for appointment as a judicial member to act as a member on his behalf at the meeting.
(9)The Secretary of State may appoint a person appearing to him to have experience of sentencing policy and the administration of sentences to attend and speak at any meeting of the Council.
(10)In this section and section 168 “lay justice” means a justice of the peace who is not a District Judge (Magistrates' Courts).