Clause 104 — Sentencing ranges

Pension Credit and Personal Expense Allowance (Duty of Consultation and Review) – in the House of Commons at 8:15 pm on 24th March 2009.

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Amendments made: 143, page 62, line 2, leave out subsections (1) to (4) and insert—

'(1) This section applies to sentencing guidelines relating to a particular offence.

(2) The guidelines must, if the Council considers it appropriate given the nature of the offence, describe, by reference to one or both of the factors mentioned in subsection (3), different categories of case involving the commission of the offence which illustrate (in so far as it is possible to do so by reference to those factors only) the varying degrees of seriousness with which the offence may be committed.

(3) Those factors are—

(a) the offender's culpability in committing the offence;

(b) the harm caused, or intended to be caused or which might foreseeably have been caused, by the offence.

(4) The guidelines must—

(a) specify the range of sentences ("the offence range") which, in the opinion of the Council, it may be appropriate for a court to impose on an offender convicted of that offence, and

(b) if the guidelines describe different categories of case under subsection (2), specify for each category the range of sentences within the offence range which, in the opinion of the Council, it may be appropriate for a court to impose on an offender in a case which falls within the category.

(4A) The guidelines must also—

(a) specify the sentencing starting point in the offence range, or

(b) if the guidelines describe different categories of case under subsection (2), specify the sentencing starting point in the offence range for each of those categories.'.

144, page 62, line 29, at end insert 'or the offender'.

145, page 62, line 42, leave out from first 'the' to end of line 43 and insert 'offence range.'.

146, page 62, line 44, leave out subsection (8) and insert—

'(8) The sentencing starting point in the offence range—

(a) for a category of case described in the guidelines under subsection (2), is the sentence within that range which the Council considers to be the appropriate sentence for cases within that category—

(i) before taking account of the factors listed in the guidelines under subsection (5), and

(ii) assuming the offender has pleaded not guilty, and

(b) where the guidelines do not describe categories of case under subsection (2), is the sentence within that range which the Council considers to be the appropriate sentence for the offence—

(i) before taking account of the factors listed in the guidelines under subsection (5), and

(ii) assuming the offender has pleaded not guilty.'.— (Bridget Prentice.)

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