Recommendations & Conclusions
13 items
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 …
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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 Netherlands and their project ‘plain language’ provides a useful model of how this could be done.
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Government response AI summary
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.
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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 AI summary
The government redirects this recommendation, stating that the Sentencing Council is independent and will respond directly to the Committee on recommendations applicable to it.
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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 …
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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 on sentencing in individual courts is fulfilled. We would ask that the Ministry of Justice and the Sentencing Council provide an update on what progress has been made on fulfilling this duty six months after the publication of this report.
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Government response AI summary
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, aimed at public education.
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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’ …
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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’ Code to make clear that victims be entitled to ready access to information about how sentences are determined for offences relevant to the victim’s case, including average sentence lengths. When a sentence is handed down, victims should have ready access to information about how the sentence works. The Government should ensure that where they are 58 Public opinion and understanding of sentencing eligible, victims of crime and bereaved families should automatically be referred to accurate and clear information about the Unduly Lenient Sentence scheme in a timely fashion. The information should make clear the deadline for making an application under the scheme. These changes should be made before the Victims and Prisoners Bill receives Royal Assent.
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Government response AI summary
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.
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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 …
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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 justice for the victims of crime and their families.
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Government response AI summary
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.
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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 …
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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 Chancellor, and the Council does not believe it is well placed to undertake such assessments. The Ministry of Justice does carry out its own impact assessments, but these are not independent. The result is that at present there is a lack of independent scrutiny of sentencing policy proposals, and in particular analysis of their downstream impact on resources.
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Government response AI summary
The government deflected responsibility, stating that the independent Sentencing Council would respond to the committee on recommendations specific to the Council.
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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 …
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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 of the independent panel that it should contain a diversity of opinion and a range of perspectives on sentencing. The panel should also conduct structured public engagement as part of its work. Its findings and advice should be publicly available. The MoJ should also instruct the independent advisory panel to conduct regular reviews of the statutory minimum and maximum tariffs for sentences to determine whether sentences are proportionate and consistent across different types of offence.
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Government response AI summary
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.
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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 …
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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 a small number of submissions from the public.
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Government response AI summary
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.
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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 …
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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 to their consultations. Online questionnaires would appear to be a more accessible form of engagement than a simple call for written evidence. We would also recommend that any expansion in the scale of public engagement also includes the use of deliberative engagement tools similar to the public dialogue used as part of this inquiry. (Paragraph 100) Public understanding of sentencing and public confidence in the criminal justice system
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Government response AI summary
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.
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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 …
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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 long a person will serve in prison risks damaging public confidence. During our visit to Finland and the Netherlands, stakeholders stressed that the media’s self-restraint in commenting on sentencing contributed to a positive level positive level of cooperation between the judiciary and the media. The Government should conduct a review of the terminology used in sentencing and should consider whether the terminology used for life sentences could be made more accessible to the public.
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Government response AI summary
The government deflected the recommendation, stating that the Sentencing Council has a duty to promote awareness of sentencing matters and will respond.
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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 …
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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 a more proactive approach to providing information to the public on judgments, including sentencing.
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Government response AI summary
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.
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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 AI summary
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.
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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 AI summary
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.
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Ministry of Justice