Recommendations & Conclusions
31 items
1
Conclusion
Tenth Report - Public opinion and under…
Not Addressed
Beyond the role of the courts in imposing a sentence, the public does not have a good understanding of the role played by different state institutions in sentencing. That is unsurprising because the role played by government, Parliament, the Sentencing Council and the judiciary in sentencing involves a delicate balance …
Government response. The government reiterates its commitment to the principle of open justice and describes the shared responsibilities among the MoJ, judiciary, and HMCTS, but does not propose specific actions to address the identified public understanding and accountability gap.
Ministry of Justice
2
Recommendation
Tenth Report - Public opinion and under…
Deferred
We welcome the Sentencing Academy’s work reviewing the terminology of sentencing and we look forward to its findings. We encourage the Government to work with Sentencing Council and the judiciary to explore whether sentencing terminology can be simplified and made more accessible. The example set by the judiciary in the …
Government response. The government shares the objective of accessible sentencing terminology and eagerly awaits insights from the Sentencing Academy's ongoing work, anticipating these findings will contribute to future initiatives, but does not commit to immediate collaborative exploration.
Ministry of Justice
3
Conclusion
Tenth Report - Public opinion and under…
Accepted
It is concerning that much of the public is not aware of recent trends in sentence lengths.It means that the public is not able to consider individual sentences within a wider context. Low levels of understanding of sentencing has an effect on the quality of public debate on sentencing, which …
Government response. The government highlights its existing quarterly Criminal Justice System Statistics publications and user guides, noting their focus on user needs. They state they will continue to consider options for broader visual presentations of data to aid understanding, indicating ongoing efforts …
Ministry of Justice
4
Recommendation
Tenth Report - Public opinion and under…
Not Addressed
There needs to be a step-change in the Ministry of Justice, the Attorney General’s Office and the Sentencing Council’s efforts on public legal education. HMCTS should develop a programme which enables secondary school pupils to be able to visit magistrates’ courts and Crown Courts to find out about the criminal …
Government response. The government highlights existing public education initiatives such as TV broadcasting of sentencing remarks but does not commit to the specific new programmes, curriculum changes, or website creation proposed, instead deferring to the Sentencing Council's independence for some aspects.
Ministry of Justice
5
Recommendation
Tenth Report - Public opinion and under…
Accepted
It is vital that the public has access to current data on sentencing practice so individual cases can be understood in their broader context. The MoJ should review its statistical releases on sentencing to ensure that they are presented in a format that is easily accessible and relevant to members …
Government response. The government outlines how its Criminal Justice System Statistics publication has significantly developed to offer accessible data tools and commentary, and states it will continue to consider broader visual presentations, rather than committing to a specific review or revival of …
Ministry of Justice
6
Recommendation
Tenth Report - Public opinion and under…
Deferred
The Sentencing Council should provide independent and impartial analysis on significant trends in sentencing to inform public debate and government policy.
Government response. The government redirects this recommendation, stating that the Sentencing Council is independent and will respond directly to the Committee on recommendations applicable to it.
Ministry of Justice
7
Conclusion
Tenth Report - Public opinion and under…
Accepted
There is currently a significant gap in the public information on sentencing. The criminal justice system quarterly statistics provide information on sentencing, but there remains a need for more easily accessible data on sentencing trends, especially on sentencing for specific offences and in specific areas. At present the public debate …
Government response. The government states that its Criminal Justice System Statistics publication has significantly developed to meet user needs, offering detailed data tools and user guides, and commits to continuing to consider options for broader visual presentations.
Ministry of Justice
8
Conclusion
Tenth Report - Public opinion and under…
Accepted
The Crown Court Sentencing Survey provided a rich dataset on how sentences are determined. It should be possible to use the Common Platform, the new case information system used in the criminal justice system, to produce a valuable dataset on sentencing without imposing additional burdens on the courts and the …
Government response. The government highlighted its existing initiative to allow television cameras to broadcast judges' sentencing remarks in Crown Courts and the Court of Appeal to improve public understanding, but did not address the recommendation to explore using the Common Platform for …
Ministry of Justice
9
Conclusion
Tenth Report - Public opinion and under…
Deferred
Data on sentencing in individual courts will help the public to understand sentencing trends in their local area and is likely to help to stimulate local media interest and reporting. The Sentencing Council and the Ministry of Justice should work together to ensure that the statutory duty to publish information …
Government response. The government's response deflects the recommendation about fulfilling the statutory duty to publish sentencing data in individual courts by instead detailing the existing practice of broadcasting judges' sentencing remarks in Crown Courts and live-streaming cases from the Court of Appeal, …
Ministry of Justice
10
Conclusion
Tenth Report - Public opinion and under…
Not Addressed
The broadcasting of sentencing remarks represents a potential game-changer for public understanding of sentencing in England and Wales. However, it also reinforces the need for up-to-date statistical information on sentencing practice and trends so that the sentencing remarks that are being broadcast can be understood in their proper context.
Government response. The government describes its existing initiative to broadcast sentencing remarks in Crown Courts and its purpose in increasing public understanding, but it does not address the committee's identified need for up-to-date statistical information to contextualise these broadcasts.
Ministry of Justice
11
Recommendation
Tenth Report - Public opinion and under…
Accepted in Part
The current situation where victims have to pay significant sums to receive a transcript of sentencing remarks from the Crown Court is unsustainable. We reiterate our call for all sentencing remarks to be published (subject to the relevant legal restrictions). As a minimum, victims of crime and bereaved families should …
Government response. The government has committed to a one-year trial allowing victims of rape and serious sexual offences to receive sentencing remarks free of charge, and is working to increase online publication of judgments. However, it explicitly rejected the recommendation for all …
Ministry of Justice
12
Recommendation
Tenth Report - Public opinion and under…
Deferred
The Victims’ Code sets out that victims of crime are entitled to be given information about the outcome of the case and any appeals. The Government should ensure that victims of crime and bereaved families receive tailored information about sentencing during the court process. The Government should amend the Victims’ …
Government response. The government notes existing provisions but commits only to considering changes to the Victims’ Code regarding the Unduly Lenient Sentence scheme during a public consultation after the Victims and Prisoners Bill receives Royal Assent, deferring the requested amendments and timeline.
Ministry of Justice
13
Recommendation
Tenth Report - Public opinion and under…
Accepted in Part
It is important that offenders understand the sentence they are to serve. Offenders should have ready access to information about the sentencing process, including information about pre-sentence reports at the earliest possible stage. Following sentencing, they should have ready access to information about what their sentence will look like in …
Government response. The government outlines an ongoing ‘Pathfinder to Improved Pre-Sentence Advice’ (PIPA) project aimed at increasing the volume and quality of Pre-Sentence Reports. However, the response does not address providing offenders with ready access to general sentencing information or hard copies …
Ministry of Justice
14
Conclusion
Tenth Report - Public opinion and under…
Acknowledged
Research on the public’s views on sentencing can play a valuable role in the policy process. However, it must be recognised that ascertaining and measuring public opinion is very difficult to do. Unless research is well-designed and methodologically rigorous then the results are almost certain to be flawed. Any general …
Government response. The government acknowledges the pivotal role of public opinion in sentencing policy and the need for careful consideration, stating it is continually exploring ways to enhance existing engagement processes and increase public awareness.
Ministry of Justice
15
Recommendation
Tenth Report - Public opinion and under…
Acknowledged
Given the potential importance of public opinion in influencing sentencing policy, the Government should consider adopting a structured engagement plan to gather information on the public’s views on sentencing. Whilst we recognise the value of public polling exercises, we recommend caution be exercised in relying exclusively on the findings of …
Government response. The government acknowledges the pivotal role of public opinion and states it is continually exploring ways to enhance existing engagement processes and increase public awareness of involvement avenues, but does not commit to a specific structured engagement plan or regular …
Ministry of Justice
16
Recommendation
Tenth Report - Public opinion and under…
Deferred
Findings from the Committee’s engagement with the public demonstrate how important it is for the MoJ to undertake more work of this nature and to incorporate findings into its policy development. The Government should review the statutory purposes of sentencing to consider whether greater emphasis should be placed on achieving …
Government response. The government's response focused on the quarterly publication of Criminal Justice System Statistics and efforts to make data more accessible to users, not addressing the recommendation to review the statutory purposes of sentencing to emphasize justice for victims.
Ministry of Justice
17
Conclusion
Tenth Report - Public opinion and under…
Accepted
Our polling on the public’s view on the appropriate starting points for specific offences suggests that a majority would support increases in the severity of the relevant custodial sentences. This position is also supported by much of the research into public opinion cited in the evidence submitted to this inquiry. …
Government response. The government details its existing quarterly Criminal Justice System Statistics publications and user feedback processes, stating it will continue to consider options for broader data presentations. It focuses on current data dissemination rather than committing to an in-depth analysis of …
Ministry of Justice
18
Conclusion
Tenth Report - Public opinion and under…
Deferred
Under the Coroners and Justice Act 2009, the Lord Chancellor can refer a government policy proposal, or a government proposal for legislation, to the Sentencing Council for an assessment of the implications for prison resources. In practice, there has only been one request made under this power by a Lord …
Government response. The government deflected responsibility, stating that the independent Sentencing Council would respond to the committee on recommendations specific to the Council.
Ministry of Justice
19
Recommendation
Tenth Report - Public opinion and under…
Deferred
The MoJ should establish an independent advisory panel on sentencing to consider proposed changes to sentencing policy and to provide advice to ministers. The independent panel should bring together academic experts, the voluntary sector, and, importantly, representatives of victims of crime and their families. It is vital for the legitimacy …
Government response. The government deflects the recommendation to establish an independent advisory panel on sentencing, stating that the independent Sentencing Council will respond to recommendations applicable to it.
Ministry of Justice
20
Conclusion
Tenth Report - Public opinion and under…
Deferred
At present, the public consultations conducted by the Sentencing Council on changes to guidelines represent one of the principal means by which the public can engage with the sentencing process. The Council does valuable work in engaging stakeholders in their consultations. However, their limited resources mean the Council only receives …
Government response. The government's response discussed the Common Platform case progression system, which is unrelated to the recommendation about improving public engagement with Sentencing Council consultations.
Ministry of Justice
21
Conclusion
Tenth Report - Public opinion and under…
Deferred
The Sentencing Council should be empowered to do more to encourage public engagement with its consultations on draft guidelines. For example, it should explore whether it could use the approach of using online questionnaires adopted by the Sentencing Guidelines Commission in the Netherlands to encourage more responses from the public …
Government response. The government's response details the Common Platform case progression system, which is unrelated to the recommendation for the Sentencing Council to enhance public engagement with its consultations.
Ministry of Justice
22
Conclusion
Tenth Report - Public opinion and under…
Acknowledged
The relationship between public understanding of sentencing and public confidence in the criminal justice system is far from straightforward. Simplistic causal claims should be avoided. Our overall conclusion is that everyone involved in, or responsible for, the criminal justice system needs to take the duty to ensure public confidence extremely …
Government response. The government acknowledges the importance of public confidence and highlights ongoing efforts and existing mechanisms like the publication of judgments, accessible sentencing remarks, and the Sentencing Act 2020 as key components.
Ministry of Justice
23
Conclusion
Tenth Report - Public opinion and under…
Acknowledged
In relation to the current challenge to public confidence based on the persistence of the view among the public that the system is not severe enough, it is important to recognise that this represents a significant long-term public policy challenge that needs to be addressed. Our own polling indicates that …
Government response. The government acknowledges the pivotal role of public opinion in sentencing policy and the need for careful consideration, stating it actively engages in policy discussions and is continually exploring ways to enhance current processes and public awareness.
Ministry of Justice
24
Recommendation
Tenth Report - Public opinion and under…
Deferred
The use by major news outlets of the phrase “jailed for life” when they are not referring to a whole life order is an example of how media coverage risks perpetuating misunderstandings of the law on life sentences among the public. Reporting of sentencing that potentially inflates expectations of how …
Government response. The government deflected the recommendation, stating that the Sentencing Council has a duty to promote awareness of sentencing matters and will respond.
Ministry of Justice
25
Conclusion
Tenth Report - Public opinion and under…
Deferred
In order to improve the quality of information in the public domain on sentencing, the judiciary should consider whether the model of press judges, as used in Finland and the Netherlands, could be used. The changing nature of the media landscape means that there is a strong case for taking …
Government response. The government deflects the recommendation to consider using "press judges" by stating that the Sentencing Council has a duty to publish and promote awareness of sentencing matters and will respond to the recommendation.
Ministry of Justice
26
Conclusion
Tenth Report - Public opinion and under…
Deferred
We would encourage the Ministry of Justice and the Sentencing Council to promote and disseminate the latest data and analysis on sentencing trends, including local data, to the media.
Government response. The government's response discussed the importance of transparency for victims in the criminal justice system, which is unrelated to the recommendation about promoting sentencing data to the media.
Ministry of Justice
27
Conclusion
Tenth Report - Public opinion and under…
Deferred
The Sentencing Council should be provided with additional resource to expand its communications work across both traditional and social media.
Government response. The government responds by emphasising the importance of openness and transparency for victims in the criminal justice system, rather than addressing the recommendation to provide additional resources to the Sentencing Council for communications.
Ministry of Justice
28
Conclusion
Tenth Report - Public opinion and under…
Acknowledged
We agree with Bishop James Jones’ submission to this inquiry on behalf of the Independent Commission into the experience of victims and long-term Prisoners that there is a need for national debate on sentencing. This inquiry has highlighted that the public debate on sentencing is stuck in a dysfunctional and …
Government response. The government acknowledges the pivotal role of public opinion in shaping sentencing policy and that it is continually exploring ways to enhance current public engagement processes, but does not commit to initiating a national debate on sentencing.
Ministry of Justice
29
Conclusion
Tenth Report - Public opinion and under…
Acknowledged
The quality of public discourse on sentencing must be improved so as to enable greater public knowledge and understanding of current sentencing practice, of Public opinion and understanding of sentencing 61 evidence on the effectiveness of different sentencing options, and the resource implications of sentences. It is incumbent on us …
Government response. The government acknowledges the pivotal role of public opinion in sentencing policy and states it is continually exploring ways to enhance current engagement processes and increase public awareness of existing avenues for involvement.
Ministry of Justice
30
Conclusion
Tenth Report - Public opinion and under…
Acknowledged
It is also important that Government and Parliament understand where there may be genuine and sustained gaps between sentencing policy and public opinion. Whilst more difficult to measure and more subjective, whether an offender is suitably punished is an important factor when considering the effectiveness of sentencing policy. Those gaps …
Government response. The government acknowledges the pivotal role of public opinion in shaping sentencing policy and states it is continually exploring ways to enhance current engagement processes and increase public awareness of avenues for discussion.
Ministry of Justice
31
Recommendation
Tenth Report - Public opinion and under…
Acknowledged
This Government, and its successors, need to think carefully about how to engage with public opinion on sentencing. There are important choices to be made about how to ascertain public opinion and the extent to which policy should be responsive to public pressure. In our view, the Government should seek …
Government response. The government acknowledges the pivotal role of public opinion and states it is continually exploring ways to enhance existing engagement processes and increase public awareness of involvement avenues, but does not commit to a specific structured, rigorous engagement plan or …
Ministry of Justice