Amendment text
To move the following Clause—
“Independent review
“Independent review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Proposed amendments
32 amendments across 2 provisions
New clauses & schedules 1
Clause 1 31
Amendment text
Clause 1, page 1, leave out line 10 and insert—
““a particular demographic cohort” may include those related to—”
““a particular demographic cohort” may include those related to—”
Amendment text
Clause 1, page 1, line 6, leave out “different personal characteristics of an offender” and insert “an offender’s membership of a particular demographic cohort.”
Amendment text
Clause 1, page 1, line 13, at end insert—
“(d) status as part of a group that may have experienced trauma from experiences of racism or discrimination—
“(d) status as part of a group that may have experienced trauma from experiences of racism or discrimination—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 1, page 1, line 7, at end insert—
“(2A) After subsection (7) insert—
“(2A) After subsection (7) insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 1, page 1, leave out line 13
Amendment text
Clause 1, page 1, line 15, at end insert—
““protected characteristics” are as defined by sections 4 to 12 of the Equality Act 2010.”
““protected characteristics” are as defined by sections 4 to 12 of the Equality Act 2010.”
Amendment text
Clause 1, page 1, leave out lines 10 to 13
Amendment text
Clause 1, page 1, leave out lines 5 to 15 and insert—
“(4A) But sentencing guidelines about pre-sentence reports must include provision framed by reference to personal characteristics of an offender (“O”) if these are considered to be related to O’s personal circumstances.”
“(4A) But sentencing guidelines about pre-sentence reports must include provision framed by reference to personal characteristics of an offender (“O”) if these are considered to be related to O’s personal circumstances.”
Amendment text
Clause 1, page 1, leave out lines 5 to 15 and insert—
“(4A) But sentencing guidelines about pre-sentence reports must include provision framed by reference to the factors considered in the case of each offender (“O”) most likely to reduce offending by O.”
“(4A) But sentencing guidelines about pre-sentence reports must include provision framed by reference to the factors considered in the case of each offender (“O”) most likely to reduce offending by O.”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines about pre-sentence reports must promote greater use of such reports as part of sentencing.”
“(4B) Sentencing guidelines about pre-sentence reports must promote greater use of such reports as part of sentencing.”
Amendment text
Clause 1, page 1, line 5, after “not” insert “without good cause”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines may recommend that sentencers consider requesting pre-sentence reports for one of the following reasons in particular—
“(4B) Sentencing guidelines may recommend that sentencers consider requesting pre-sentence reports for one of the following reasons in particular—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 1, page 1, line 15, at end insert—
“(13) Nothing in this section shall require the Council to issue guidance about pre-sentence reports that is not consistent with its duties under section 149 of the Equality Act 2010.”
“(13) Nothing in this section shall require the Council to issue guidance about pre-sentence reports that is not consistent with its duties under section 149 of the Equality Act 2010.”
Amendment text
Clause 1, page 1, leave out lines 5 to 7 and insert—
“(4A) But sentencing guidelines may not require or prohibit the provision of a pre-sentence report by reference to an offender’s protected characteristics alone.”
“(4A) But sentencing guidelines may not require or prohibit the provision of a pre-sentence report by reference to an offender’s protected characteristics alone.”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) For the purposes of subsection (4A) the Sentencing Council shall be taken to have “good cause” if it has reason to believe that leaving such personal characteristics out of an account would be likely to lead to an inequality of outcomes in sentencing.”
“(4B) For the purposes of subsection (4A) the Sentencing Council shall be taken to have “good cause” if it has reason to believe that leaving such personal characteristics out of an account would be likely to lead to an inequality of outcomes in sentencing.”
Amendment text
Clause 1, page 1, line 15, at end insert—
“(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”
“(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) Nothing in any sentencing guidelines about pre-sentence reports may restrict—
“(4B) Nothing in any sentencing guidelines about pre-sentence reports may restrict—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines about pre-sentence reports must be submitted to the Secretary of State by the Council and the Secretary of State must give effect to those guidelines by regulations.”
“(4B) Sentencing guidelines about pre-sentence reports must be submitted to the Secretary of State by the Council and the Secretary of State must give effect to those guidelines by regulations.”
Amendment text
Clause 1, page 1, line 15, at end insert—
“(13) For the purposes of this section, “personal characteristics” do not include pregnancy or maternity.”
“(13) For the purposes of this section, “personal characteristics” do not include pregnancy or maternity.”
Amendment text
After Clause 1, Insert the following new Clause—
“Independent review
“Independent review
Only the heading is published via the Bills API — the full text of this new clause/schedule is set out in the marshalled Amendment Paper.
Amendment text
Clause 1, page 1, line 7, at end insert—
“(2A) At the beginning of subsection (7), insert “Subject to subsection (4B),”.
“(2A) At the beginning of subsection (7), insert “Subject to subsection (4B),”.
Amendment text
Clause 1, page 1, line 15, at end insert—
“(4) In section 176 of the Coroners and Justice Act 2009 (orders, regulations and rules), after subsection (5)(c), insert—
“(4) In section 176 of the Coroners and Justice Act 2009 (orders, regulations and rules), after subsection (5)(c), insert—
The Bills API publishes only the tabling instruction here, not the inserted text itself — the full wording is set out in the marshalled Amendment Paper.
Amendment text
Clause 1, page 1, line 5, leave out from “may” to end of line 7 and insert “include provision framed by reference to any individual circumstances or personal characteristics of an offender, provided that the guidelines state that these can only be taken into account if the sentencer is of the opinion that they are (or may be) individually (or collectively) relevant to the determination of the appropriate sentence.”
Amendment text
Clause 1, page 1, leave out lines 10 to 13 and insert—
““individual circumstances” means any of the offender’s circumstances which, in the opinion of the sentencer, are or may be relevant to the determination of the appropriate sentence.
““individual circumstances” means any of the offender’s circumstances which, in the opinion of the sentencer, are or may be relevant to the determination of the appropriate sentence.
Amendment text
Clause 1, page 1, line 5, after “not” insert “without good cause”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) For the purposes of subsection (4A) the Sentencing Council shall be taken to have “good cause” if it has reason to believe that leaving such personal characteristics out of an account would be likely to lead to an inequality of outcomes in sentencing.”
“(4B) For the purposes of subsection (4A) the Sentencing Council shall be taken to have “good cause” if it has reason to believe that leaving such personal characteristics out of an account would be likely to lead to an inequality of outcomes in sentencing.”
Amendment text
Clause 1, page 1, line 15, at end insert—
“(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”
“(13) Nothing in this section shall prevent the Council from issuing guidance about pre-sentence reports that reflects existing case law.”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) Sentencing guidelines about pre-sentence reports must promote greater use of such reports as part of sentencing, in particular when the sentencing decision is likely to involve a choice between a community penalty and imprisonment.”
“(4B) Sentencing guidelines about pre-sentence reports must promote greater use of such reports as part of sentencing, in particular when the sentencing decision is likely to involve a choice between a community penalty and imprisonment.”
Amendment text
Clause 1, page 1, line 13, at end insert—
“but do not include pregnancy or maternity.”
“but do not include pregnancy or maternity.”
Amendment text
Clause 1, page 1, line 6, leave out “framed by reference to” and insert “solely based on”
Amendment text
Clause 1, page 1, line 7, at end insert—
“(4B) Nothing in this section shall preclude guidelines referring to the use of pre-sentence reports when an assessment of an offender’s personal circumstances would be beneficial.”
“(4B) Nothing in this section shall preclude guidelines referring to the use of pre-sentence reports when an assessment of an offender’s personal circumstances would be beneficial.”