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Transitional provisions

Transistional provisons of Coroners & Justice Act 2009

1. Section 125 (1) of the Coroners & Justice Act 2009 provides:- 

“Every court –
(a) must, in sentencing an offender, follow any sentencing guidelines which are relevant to the offender’s case and
(b) must, in exercising any other function relating to the sentencing of offenders, follow any sentencing guidelines which are relevant to the function, unless the court is satisfied that it would be contrary to the interests of justice to do so.”

2. The Court is under a duty to give its reasons for the sentence.  Section 174 Criminal Justice Act 2003 (as amended by Coroners & Justice Act 2009)* provides that when sentencing for offences committed after 6 April 2010, the court must:

“(2) (a) identify any definitive sentencing guidelines relevant to the offender’s case and explain how the court discharged any duty imposed on it by section 125 of the Coroners & Justice Act 2009
(aa) where the court did not follow any such guidelines because it was of the opinion that it would be contrary to the interests of justice to do so, state why it was of that opinion.”

3. Sentencing guidelines are defined as:** 
a. sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as definitive guidelines, as revised by any subsequent guidelines so issued; 
b. Sentencing Guidelines Council definitive guidelines; and/or
c. guidelines which were included in any judgment of the Court of Appeal given before 27 February 2004 and have not been superseded by sentencing guidelines.

4. The duty in Section 125 Coroners and Justice Act 2009 does not apply when a court is sentencing a person for offences committed before 6th April 2010.***

5. The duty of the court contained in section 172 Criminal Justice Act (CJA) 2003 has been saved when sentencing for offences committed prior to 6 April 2010.****  Section 172 provides:

(1) Every court must—
(a) in sentencing an offender, have regard to any guidelines which are relevant to the offender's case, and
(b) in exercising any other function relating to the sentencing of offenders, have regard to any guidelines which are relevant to the exercise of the function.

6. Where an offence is found to have been committed over a period of 2 or more days, it must be taken to have been committed on the last of those days.*****


* Coroners and Justice Act 2009, Schedule 21 para 84.

** The Coroners and Justice Act 2009 (Commencement No.4, Transitional and Saving Provisions) Order 2010,  Article 7(1) and (5),

*** Coroners and Justice Act 2009, Schedule 22 paragraph 27(1)

**** The Coroners and Justice Act 2009 (Commencement No 4, Transitional and Saving Provisions) Order 2010 paragraph 7 (2)

***** Coroners and Justice Act 2009, Schedule 22, paragraph 27(2)