Source · Select Committees · Justice Committee
Recommendation 22
22
Acknowledged
Paragraph: 107
Prioritise reducing sentencing complexity and improve open justice to build public confidence.
Conclusion
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.
Government Response 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.
Paragraph Reference:
107
Government Response
Acknowledged
HM Government
Acknowledged
2. The Government is continuing in its efforts to rebuild public confidence in the justice system. The publication of judgments and the accessibility of sentencing remarks are key components of the principle of open justice, helping to build understanding and confidence in sentencing. The Sentencing Act 2020 provides a duty on the courts to explain how they have determined the sentence and what the sentence means for the offender. Case law has also emphasised that the key to the nature of sentencing remarks is the use of the terms ‘in ordinary language’ and the Crown Court Compendium (which provides guidance to judges) was updated by Judicial College in 2019 to reflect this.