Criminal Justice Act 2003 (c. 44)

Part 12 U.K. Sentencing

Modifications etc. (not altering text)

C1 Pt. 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

Chapter 1 E+W General provisions about sentencing

Sentencing and allocation guidelines E+W

171 Functions of Sentencing Advisory Panel in relation to guidelines E+W

(1) Where the Council decides to frame or revise any sentencing guidelines or allocation guidelines, otherwise than in response to a proposal from the Panel under subsection (2), the Council must notify the Panel.

(2) The Panel may at any time propose to the Council—

(a) that sentencing guidelines be framed or revised by the Council—

(i) in respect of offences or offenders of a particular category, or

(ii) in respect of a particular matter affecting sentencing, or

(b) that allocation guidelines be framed or revised by the Council.

(3) Where the Panel receives a notification under subsection (1) or makes a proposal under subsection (2), the Panel must—

(a) obtain and consider the views on the matters in issue of such persons or bodies as may be determined, after consultation with the Secretary of State and the Lord Chancellor, by the Council, and

(b) formulate its own views on those matters and communicate them to the Council.

(4) Paragraph (a) of subsection (3) does not apply where the Council notifies the Panel of the Council’s view that the urgency of the case makes it impracticable for the Panel to comply with that paragraph.