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Paragraph 68.3 Consideration and determination of an applicationF1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

On receipt of an application made under rule 68.2(1), the High Court may request such further information from the Council as it considers necessary.

(2)

If the High Court is considering either—

(a)

approving the proposed guidelines, in part or with modifications; or

(b)

rejecting the proposed guidelines, in whole or in part,

it must intimate to the Council that it is considering such a course of action.

(3)

The Council may submit to the High Court a written response to the intimation made under paragraph (2) within a period of 8 weeks from the date of receipt of the intimation.

(4)

Approval or rejection of the proposed guidelines by the High Court must take place in open court.

(5)

The court must be chaired by the Lord Justice General, whom failing the senior judge of the High Court.

(6)

The court cannot include a judge who is a member of the Council.

Annotations

Textual amendments

F1

Sch. 2 Ch. 68 inserted (4.9.2018) by Act of Adjournal (Criminal Procedure Rules 1996 Amendment) (Approval of Sentencing Guidelines) 2018 (S.S.I. 2018/229), paras. 1(2), 2(2)