Recommendations & Conclusions
8 items
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 …
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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 assessments of the public’s view of sentencing policy across all offences should be balanced against analysis and engagement of public opinion and understanding which, where possible, focuses on specific offences or offence types.
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Government response AI summary
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.
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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 …
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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 ad hoc polls as an evidence base for sentencing policy decisions. The MoJ should conduct regular, structured, deliberative engagement exercises with members of the public as part of its policy development process. The Sentencing Council should also consider whether it could use structured deliberative engagement exercises as part of its public engagement work and as part of its consultations on draft guidelines, including a full range of offending scenarios, such as violent and sexual offending, if relevant.
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Government response AI summary
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 deliberative exercises.
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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 …
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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 seriously. Politicians from all parties must ensure that public commentary on the criminal justice system does not contribute to misunderstandings that can damage public confidence. In terms of public policy, stripping away unnecessary complexity in sentencing must also be prioritised to facilitate improved public 60 Public opinion and understanding of sentencing debate. Improvements to open justice, such as the broadcasting of sentencing remarks, need to be built upon, including through some of the recommendations outlined in this report. Even if it is not possible to say that direct contact with, or information about, the criminal justice system will necessarily lead to improved confidence, it is undoubtedly a public good to encourage more of the public to know about the justice which is done in their name.
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Government response AI summary
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.
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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 …
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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 the majority of the public support further increases to the severity of sentences for the gravest criminal offences. We should not assume that these views are based on mistaken assumptions or lack of knowledge of current sentencing practice. It is vital that policymakers adopt a consistent and principled response to maintaining public confidence in response to the challenge of the public’s position on sentencing severity. This should be informed by an attempt to understand what the public’s expectations are.
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Government response AI summary
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.
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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 …
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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 reactive cycle.
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Government response AI summary
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.
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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 …
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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 all to play a role in shaping a more constructive debate and to seek consensus on the issues.
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Government response AI summary
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.
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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 …
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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 can be used to inform the development of sentencing policy. However, it is important to stress that sentencing in individual cases is a matter for the judiciary. Judges make their decisions based on the statutory framework set by Parliament, and the structure dictated by sentencing guidelines.
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Government response AI summary
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.
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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 …
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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 to actively engage the public on sentencing policy but should do so in a structured and methodologically rigorous fashion. It should ensure that both traditional polling and deliberative methods are used, and that exercises occur at regular intervals. Finally, policy proposals on sentencing should be subject to independent evaluation, so that the resourcing implications are evaluated before they are enacted. (Paragraph 131) 62 Public opinion and understanding of sentencing
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Government response AI summary
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 independent evaluation of policy proposals.
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Ministry of Justice