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42.1.—(1) This rule applies where the court decides—
(a)not to follow a relevant sentencing guideline;
(b)not to make, where it could—
(i)a reparation order (unless it passes a custodial or community sentence),
(ii)a compensation order, or
(iii)a travel restriction order;
(c)not to order, where it could—
(i)that a suspended sentence of imprisonment is to take effect,
(ii)the endorsement of the defendant’s driving record, or
(iii)the defendant’s disqualification from driving, for the usual minimum period or at all.
(2) The court must explain why it has not done so, when it explains the sentence that it has passed.
[Note. See section 174 of the Criminal Justice Act 2003(1); section 73(8) of the Powers of Criminal Courts (Sentencing) Act 2000(2); section 130(3) of the 2000 Act(3); section 33(2) of the Criminal Justice and Police Act 2001(4); paragraph 8(3) of Schedule 12 to the 2003 Act(5); and section 47(1) of the Road Traffic Offenders Act 1988(6).
For the duty to explain the sentence the court has passed, see section 174(1) of the 2003 Act and, in a magistrates’ court, rule 37.10(9) (Procedure if the court convicts).
Under section 125 of the Coroners and Justice Act 2009(7), the court when sentencing must follow any relevant sentencing guideline unless satisfied that to do so would be contrary to the interests of justice.
For the circumstances in which the court may make—
(a)a reparation or compensation order, see sections 73(8) and 130(9) of the 2000 Act;
(b)a travel restriction order against a defendant convicted of drug trafficking, see sections 33 and 34 of the 2001 Act(10).]
2003 c. 44; section 174 was amended by section 49 of, and paragraph 9 of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38) and section 6 of, and paragraphs 71, 80 and 81 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4). It is substituted by section 64 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.
2000 c. 6; section 73 was amended by section 74 of, and paragraph 4(1)(a) and (2) of Schedule 7 to, the Criminal Justice and Court Services Act 2000 (c. 43), sections 304 and 332 of, and paragraphs 90 and 106 of Schedule 32 and Part 37 of Schedule 37 to, the Criminal Justice Act 2003 (c. 44), section 64 of, and Part 4 of Schedule 5 to, the Children Act 2004 (c. 31), article 3 and paragraph 14 (1) and (14) of Schedule 1 to S.I. 2008/912 and section 6(2) of, and paragraphs 51 and 53 of Schedule 4 to, the Criminal Justice and Immigration Act 2008 (c. 4).
2000 c. 6; section 130 was amended by paragraphs 90 and 117 of Schedule 32 to the Criminal Justice Act 2003 (c. 44), section 14(1) of, and paragraph 29 of Schedule 1 to, the Fraud Act 2006 (c. 35), section 49 of, and paragraph 6(b) of Schedule 1 to, the Violent Crime Reduction Act 2006 (c. 38) and section 148(1) of, and paragraphs 40 and 46 of Schedule 26 to, the Criminal Justice and Immigration Act 2008 (c. 4). It is further amended by section 63 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), with effect from a date to be appointed.
2001 c. 16; section 33 was amended by sections 39(3) and 39(4) of the Identity Cards Act 2006 (c. 15).
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