Explanatory note

The Coroners and Justice Act 2009 (Commencement No. 4, Transitional and Savings Provisions) Order 2010 brought into force on 6th April 2010 the repeal of section 172 and amendment of section 174 of the Criminal Justice Act 2003 under which a Court was required to have regard to and explain its decisions by reference to sentencing guidelines issued by the Sentencing Guidelines Council. The repeal is subject to the transitional and saving provision in Article 7(2) and (3) of the Order which specifies that the repeal has no effect where a Court is sentencing an offender for an offence committed before 6th April 2010. This Order amends Article 7(2) so as to require a Court, when sentencing an offender for an offence committed before 6th April 2010, to have regard to and explain decisions by reference to sentencing guidelines issued by the Sentencing Council for England and Wales under section 120 of the Coroners and Justice Act 2009 as well as to guidelines under section 170 of the 2003 Act.