Source · Select Committees · Justice Committee
Recommendation 1
1
Not Addressed
Paragraph: 21
Public lacks understanding of institutional roles and government accountability in sentencing.
Conclusion
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 of responsibilities, which are not easy to explain. Further, most of the public obtain information from the media about sentencing through reporting on individual cases, and such stories do not often provide information on the policies and responsibilities that lie behind individual sentencing decisions. The problem with this situation is that it creates an accountability gap, as it is unclear to the public which elements of sentencing the Government is responsible for.
Government Response Summary
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.
Paragraph Reference:
21
Government Response
Not Addressed
HM Government
Not Addressed
1. Our efforts to make sure the justice system is open and transparent are embedded into the working cultures, procedures, and practices of our courts and tribunals, and within our ambitions for reforming the justice system. As outlined in our written evidence of July 2022, His Majesty’s Government is committed to the principle of open justice, commonly defined by the axiom ‘justice must not only be done but must be seen to be done’. This principle is underpinned by Article 6 of the European Convention on Human Rights, and in common law. It is a shared endeavour between the Ministry of Justice (MoJ) (which sets the policy and legislative framework), the judiciary (who carefully balance the need for open justice against ensuring the proper administration of justice), and HM Courts and Tribunals Service (HMCTS) (which administers our courts and tribunals).