To move the following Clause— “Independent review
Bill texts 4
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Amendments 32
Committee of the whole House — Commons 5
Clause 1, page 1, leave out line 10 and insert— ““a particular demographic cohort” may include those related to—”
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.”
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—
Clause 1, page 1, line 7, at end insert— “(2A) After subsection (7) insert—
Committee stage — Lords 18
Clause 1, page 1, leave out line 13
Clause 1, page 1, line 15, at end insert— ““protected characteristics” are as defined by sections 4 to 12 of the Equality Act 2010.”
Clause 1, page 1, leave out lines 10 to 13
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.”
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.”
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.”
Clause 1, page 1, line 5, after “not” insert “without good cause”
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—
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.”
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.”
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.”
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.”
Clause 1, page 1, line 7, at end insert— “(4B) Nothing in any sentencing guidelines about pre-sentence reports may restrict—
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.”
Clause 1, page 1, line 15, at end insert— “(13) For the purposes of this section, “personal characteristics” do not include pregnancy or maternity.”
After Clause 1, Insert the following new Clause— “Independent review
Clause 1, page 1, line 7, at end insert— “(2A) At the beginning of subsection (7), insert “Subject to subsection (4B),”.
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—
Report stage — Lords 9
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.”
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.
Clause 1, page 1, line 5, after “not” insert “without good cause”
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.”
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.”
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.”
Clause 1, page 1, line 13, at end insert— <span class="wrapped">“but do not include pregnancy or maternity.”</span>
Clause 1, page 1, line 6, leave out “framed by reference to” and insert “solely based on”
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.”