*/
Lord Justice Leveson explains the work of the new Sentencing Council
When the Lord Chief Justice invited me to accept the post of Chairman of the Sentencing Council, I did so enthusiastically.
I believe the Sentencing Council, which has a wider remit than the organisations that came before it, has a significant opportunity to contribute to the practice of sentencing and to the extent to which people understand the outcome of the sentencing process.
Our work, which started in April, has three important aims:
Although the sentencing of every offender must be tailored to the circumstances of the case, which can only be done through the individual exercise of judicial discretion, I doubt that anybody could challenge the requirement that there be a consistent approach to sentencing across the country. To that end, the Coroners and Justice Act 2009 (“the 2009 Act”) provides a different starting point for the proper consideration of the guidelines to that prescribed by Criminal Justice Act 2003 (“the 2003 Act”). Under the 2003 Act, judges were required to “have regard to” the guidelines. The 2009 Act now states that judges “must follow” the guidelines, except when it is in the interests of justice not to do so.
In providing a different starting point for the way judges approach the guidelines, the 2009 Act will strengthen the attention which will be paid to them without constraining individual judicial discretion. It will encourage consistency and will provide the Sentencing Council with a basis to perform its reporting functions, along with a foundation which can be used both to help promote consistency and, I hope, public confidence.
Another key element to our work, and a requirement of the legislation under which we were established, is to collect evidence on sentencing. This will help us to engage the public more effectively and to have a more informed discussion about sentencing. We have already started work on the first major survey of its kind to examine the factors which influence sentencing in Crown Courts. The first part, a pilot of four courts, has been completed and will inform the next stage, which will be launched in October in courts in England and Wales. The survey, designed specifically to gather useful data without being an onerous imposition on judges, will be used for all high volume, high impact criminal cases. The results will provide us with new and valuable information to help us assess the use of sentencing guidelines and assess how guidelines impact on resources.
The first guidelines we will be revising are those on assault and guilty pleas. Assault cases are a priority as there were 41,400 assault cases in 2008 alone, and there is evidence that sentencers do not find it easy to fit the factual scenarios of some offences into the current sentencing ranges. Once the approach has been agreed, there will be a full public consultation later this autumn.
We are also looking to revise the guidelines on the Reduction in Sentence for a Guilty Plea, addressing the main current areas of contention – the stage at which the guilty plea is entered and what reduction should be made to a sentence due to an early guilty plea. Whereas I am absolutely clear that improper pressure should never be exerted, I believe that offenders should be encouraged to admit their guilt at the earliest possible stage. This helps victims and witnesses, allows the earliest chance for an offender to show remorse and also saves unnecessary use of police, prosecution and court resources.
Turning to public confidence, we know that people have low levels of confidence in the criminal justice system – according to the British Crime Survey only 24 per cent of people believe the courts are effective at giving punishments which fit the crime.
We are determined to provide clear and accessible information on the current sentencing system and will also be asking people about their views on sentencing. This dialogue will start shortly when we draft and consult on the new sentencing guidelines on assault.
The Sentencing Council has an ambitious and exciting programme of work which clearly cannot be achieved overnight. However, with 14 council members representing all levels of the judiciary along with others who bring expertise from different parts of the criminal justice system and a dedicated office to support them, I believe we can to start to demystify our court processes and increase the confidence of the public in the criminal justice system.
Lord Justice Leveson is the Chairman of the Sentencing Council
When the Lord Chief Justice invited me to accept the post of Chairman of the Sentencing Council, I did so enthusiastically.
I believe the Sentencing Council, which has a wider remit than the organisations that came before it, has a significant opportunity to contribute to the practice of sentencing and to the extent to which people understand the outcome of the sentencing process.
Our work, which started in April, has three important aims:
Although the sentencing of every offender must be tailored to the circumstances of the case, which can only be done through the individual exercise of judicial discretion, I doubt that anybody could challenge the requirement that there be a consistent approach to sentencing across the country. To that end, the Coroners and Justice Act 2009 (“the 2009 Act”) provides a different starting point for the proper consideration of the guidelines to that prescribed by Criminal Justice Act 2003 (“the 2003 Act”). Under the 2003 Act, judges were required to “have regard to” the guidelines. The 2009 Act now states that judges “must follow” the guidelines, except when it is in the interests of justice not to do so.
In providing a different starting point for the way judges approach the guidelines, the 2009 Act will strengthen the attention which will be paid to them without constraining individual judicial discretion. It will encourage consistency and will provide the Sentencing Council with a basis to perform its reporting functions, along with a foundation which can be used both to help promote consistency and, I hope, public confidence.
Another key element to our work, and a requirement of the legislation under which we were established, is to collect evidence on sentencing. This will help us to engage the public more effectively and to have a more informed discussion about sentencing. We have already started work on the first major survey of its kind to examine the factors which influence sentencing in Crown Courts. The first part, a pilot of four courts, has been completed and will inform the next stage, which will be launched in October in courts in England and Wales. The survey, designed specifically to gather useful data without being an onerous imposition on judges, will be used for all high volume, high impact criminal cases. The results will provide us with new and valuable information to help us assess the use of sentencing guidelines and assess how guidelines impact on resources.
The first guidelines we will be revising are those on assault and guilty pleas. Assault cases are a priority as there were 41,400 assault cases in 2008 alone, and there is evidence that sentencers do not find it easy to fit the factual scenarios of some offences into the current sentencing ranges. Once the approach has been agreed, there will be a full public consultation later this autumn.
We are also looking to revise the guidelines on the Reduction in Sentence for a Guilty Plea, addressing the main current areas of contention – the stage at which the guilty plea is entered and what reduction should be made to a sentence due to an early guilty plea. Whereas I am absolutely clear that improper pressure should never be exerted, I believe that offenders should be encouraged to admit their guilt at the earliest possible stage. This helps victims and witnesses, allows the earliest chance for an offender to show remorse and also saves unnecessary use of police, prosecution and court resources.
Turning to public confidence, we know that people have low levels of confidence in the criminal justice system – according to the British Crime Survey only 24 per cent of people believe the courts are effective at giving punishments which fit the crime.
We are determined to provide clear and accessible information on the current sentencing system and will also be asking people about their views on sentencing. This dialogue will start shortly when we draft and consult on the new sentencing guidelines on assault.
The Sentencing Council has an ambitious and exciting programme of work which clearly cannot be achieved overnight. However, with 14 council members representing all levels of the judiciary along with others who bring expertise from different parts of the criminal justice system and a dedicated office to support them, I believe we can to start to demystify our court processes and increase the confidence of the public in the criminal justice system.
Lord Justice Leveson is the Chairman of the Sentencing Council
Lord Justice Leveson explains the work of the new Sentencing Council
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts