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The Criminal Justice Act 2003 (c. 44) is an Act of the Parliament of the United Kingdom. It is a wide-ranging measure introduced to modernise many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. Large portions of the act were repealed and replaced by the Sentencing Act 2020. [4]
Section 57 of the Sentencing Act (previously s147 of the Criminal Justice Act 2003) sets out five purposes of sentencing, to which any court dealing with an offender must have regard: the punishment of offenders; the reduction of crime (including its reduction by deterrence) the reform and rehabilitation of offenders; the protection of the public
The Criminal Justice Act 2003 (England and Wales) states that '(2)The court must not pass a custodial sentence unless it is of the opinion that the offence, or the combination of the offence and one or more offences associated with it, was so serious that neither a fine alone nor a community sentence can be justified for the offence'. [2]
In England and Wales, the imprisonment for public protection (IPP; Welsh: carcharu er mwyn diogelu'r cyhoedd) [1] sentence was a form of indeterminate sentence introduced by section 225 of the Criminal Justice Act 2003 (with effect from 2005) by the Home Secretary, David Blunkett, and abolished in 2012. It was intended to protect the public ...
The Criminal Justice Act 2003 introduced new mandatory life sentences and created a new kind of life sentence, called "imprisonment for public protection" which could be imposed even for offences which would otherwise carry a maximum sentence of ten years.
In England and Wales, section 142 of the Criminal Justice Act 2003 has specified that in cases involving those over 18, courts should have regard to punishment of the offenders retribution, deterrence, reform and rehabilitation, protection of the public, and reparation to persons affected by their offences. [5]
The Sentencing Guidelines Council was a non-departmental public body of the United Kingdom government, created by s.167 of the Criminal Justice Act 2003.It gave authoritative guidance on sentencing to the courts of England and Wales.
The principle was recognised in the Criminal Justice Act 2003 Section 166 (3)(b). [2] Sentencing guidelines are contained within the Coroners and Justice Act 2009, which states that the application of the principle are within the management of the Sentencing Council, applied along with the Offences Taken into Consideration (TICs). [3]