Moved by
Lord Marks of Henley-on-Thames
192A: Clause 101, page 86, line 20, leave out “there are exceptional” and insert “such a sentence would be contrary to the interests of justice having regard to”
Member’s explanatory statement
This amendment, along with Lord Marks’ amendment to page 86, line 23, would remove the requirement for the circumstances to be exceptional before a judge was empowered to decline to impose the minimum sentence (for offences of threatening with weapon or bladed article) and would entitle the judge to do so where in the circumstances the judge concluded that such a sentence would be contrary to the interests of justice.