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 …
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
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
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
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
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
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
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