Caroline Nokes

With this it will be convenient to discuss the following: Amendment 3, page 1, line 7, at end insert— “(2A) After subsection (7) insert— ‘(7A) In the case of guidelines within subsection (4) about pre-sentence reports, the Council must, after making any amendments of the guidelines which it considers appropriate, obtain the consent of the Secretary of State before issuing sentencing guidelines as definitive guidelines. (7B) In any case to which subsection (7A) applies, the Secretary of State may— (a) consent to the issuing of guideline as definitive guidelines, (b) refuse consent for the issuing of guidelines as definitive guidelines, or (c) direct the Council to issue the guidelines in an amended form as definitive guidelines. (7C) Where the Secretary of State has consented to the issuing of guidelines under subsection (7B)(a) or has directed the Council to issue guidelines in an amended form under subsection (7B)(c), the Council must issue the guidelines as definitive guidelines in the appropriate form”.” This amendment stops sentencing guidelines about pre-sentence reports coming into force unless approved by the Lord Chancellor. Amendment 2, page 1, leave out line 10 and insert— ““a particular demographic cohort’ may include those related to—”. Amendment 4, 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— (i) inter-generationally and relayed to the defendant, or (ii) as a result of important historical events which may have had a greater impact on those from specific groups and cultures.” This amendment would ensure that sentencing guidelines about pre-sentence reports cannot include a defendant’s status as part of a group, particularly not if this involves considering events that may not have impacted the defendant personally. Clauses 1 and 2 stand part. New clause 1—Independent review— “(1) The Secretary of State must arrange for an independent review to be carried out of— (a) the effects of the changes made to section 120 of the Coroners and Justice Act 2009 by section 1, and (b) sentencing guidelines about pre-sentence reports. (2) The Secretary of State must, after consultation with the Sentencing Council, appoint a person with professional experience relating to pre-sentence reports to conduct the review. (3) The review must be completed within two years of the passing of this Act. (4) As soon as practicable after a person has carried out the review, the person must— (a) produce a report of the outcome of the review, and (b) send a copy of the report to the Secretary of State. (5) The Secretary of State must lay before each House of Parliament a copy of the report sent under subsection (4)(b) within one month of receiving the report.”