I am grateful to the noble Baroness. Her noble friend Lord Dholakia expressed even greater support for the Government’s proposal. He said: ""Fourthly, there will be a different statutory test governing cases in which courts depart from the guidelines. At present, courts have to consider sentencing guidelines and give reasons if they depart from them. Clause 111 requires courts to follow the guidelines,""‘unless the court is satisfied that it would be contrary to the interests of justice to do so’"."
The noble Lord has huge expertise in this field. He continued: ""Some critics of the Bill have suggested that this is too restrictive a test, but in my view it is entirely proper that a court departing from the guidelines should have to show that this is in the interests of justice. What other good reason could there be for passing a sentence different from the guidelines than that this is necessary in the interests of justice? I therefore welcome the provisions for the new Sentencing Council".—[Official Report, 18/5/09; col. 1285.]"
That ends the quotation.
Coroners and Justice Bill
Proceeding contribution from
Lord Bach
(Labour)
in the House of Lords on Wednesday, 15 July 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Coroners and Justice Bill.
Type
Proceeding contribution
Reference
712 c1223-4 
Session
2008-09
Chamber / Committee
House of Lords chamber
Subjects
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Timestamp
2024-04-21 13:00:02 +0100
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