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She chooses which facts to present to the judge -- at the plea stage, and then at the sentencing stage.
CNN: Testing sentencing guidelines' constitutionality
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Introducing his amendment on the first day of report stage on the Legal Aid, Sentencing and Punishment of Offenders Bill, crossbencher and QC Lord Pannick insisted the change would not cost anything because the duty would only apply "within the resources made available" by the bill.
BBC: Ministers' legal aid changes dealt blow by peers
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He was speaking during day two of report-stage debate on the Legal Aid, Sentencing and Punishment of Offenders Bill on 1 November 2011.
BBC: Legal Aid and Sentencing Bill part two
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In the Lords, it's question time for half an hour - and then the House embarks on the first of four and a half days of report stage scrutiny of the Legal Aid, Sentencing and Punishment of Offenders Bill.
BBC: Week ahead in Parliament
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Lord Lloyd put forward an amendment to the Legal Aid, Sentencing and Punishment of Offenders Bill to "restore" that position, during a fifth and final day of report stage on 20 March 2012.
BBC: Legal Aid Bill part two