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by Munro Research

Sentencing (Pre-consolidation Amendments) Bill [HL]


Official Summary

A Bill to give effect to Law Commission recommendations relating to commencement of enactments relating to sentencing law and to make provision for pre-consolidation amendments of sentencing law

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Overview

The Sentencing (Pre-consolidation Amendments) Bill aims to amend existing sentencing laws in England and Wales to prepare for a future consolidation of all sentencing legislation. This involves making changes to ensure a smooth transition to the new consolidated legislation and addresses inconsistencies across various acts.

Description

The bill has two main parts. Firstly, it addresses how sentencing provisions in older Acts will apply after the consolidation date, ensuring that no one receives a harsher sentence. Secondly, it allows the Secretary of State to make further amendments to streamline existing sentencing legislation. These amendments will reduce inconsistencies and simplify the law around topics such as forfeiture, court powers regarding sentencing, and when sentences take effect. The bill also clarifies definitions and ensures compatibility with the European Convention on Human Rights.

Government Spending

The bill itself does not directly allocate new government spending. The impact on government spending would be indirect and depend on the outcome of the planned sentencing law consolidation. No figures are provided within the bill itself.

Groups Affected

  • Judges and Magistrates: The bill will affect their day-to-day application of sentencing laws, requiring them to use amended legislation and procedures.
  • Offenders: The bill aims to prevent offenders from receiving harsher sentences as a result of the consolidation. Some may face different sentencing options.
  • Lawyers and Legal Professionals: They will need to be aware of the amended legislation and adapt their practices accordingly.
  • Government Departments (particularly the Ministry of Justice): They will be involved in implementing the changes made by this bill and in the future consolidation of the sentencing legislation.
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