Clause 108 — Sentencing guidelines: duty of court

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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Amendment proposed: 43, page 65, line 12, leave out 'follow' and insert 'have regard to'.— (Mr. Garnier.)

Question put, That the amendment be made.

The House divided: Ayes 134, Noes 319.

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Division number 85 Pension Credit and Personal Expense Allowance (Duty of Consultation and Review) — Clause 108 — Sentencing guidelines: duty of court

Aye: 134 MPs

No: 319 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

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Question accordingly negatived.

Amendments made: 147, page 65, line 19, leave out 'Subsection (3) applies' and insert 'Subsections (3) and (3A) apply'.

148, page 65, line 27, leave out paragraphs (a) and (b) and insert—

'(a) where the offence-specific guidelines describe categories of case under section 104(2), to decide which of the categories most resembles P's case in order to identify the sentencing starting point in the offence range, and

(b) in all cases, to impose on P in accordance with the offence-specific guidelines a sentence which is within the offence range.

'(3A) In a case where a decision is made under subsection (3)(a), the range of sentences specified in the guidelines under section 104(4)(b) for the category concerned is to be disregarded when determining whether the court has discharged the duty imposed by subsection (1).'.— (Bridget Prentice.)

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