Source · Select Committees · Justice Committee
Tenth Report - Public opinion and understanding of sentencing
Justice Committee
HC 305
Published 25 October 2023
Recommendations
15
Acknowledged
Para 81
Adopt structured deliberative engagement exercises to gather public views on sentencing policy.
Recommendation
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 …
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Government Response 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.
Ministry of Justice
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31
Acknowledged
Actively engage public on sentencing policy using structured methods, regular polling, and independent evaluation.
Recommendation
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 …
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Government Response 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.
Ministry of Justice
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Conclusions (6)
14
Conclusion
Acknowledged
Para 80
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 …
Government Response 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.
22
Conclusion
Acknowledged
Para 107
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 …
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.
23
Conclusion
Acknowledged
Para 108
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 …
Government Response 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.
28
Conclusion
Acknowledged
Para 128
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 …
Government Response 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.
29
Conclusion
Acknowledged
Para 129
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 …
Government Response 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.
30
Conclusion
Acknowledged
Para 130
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 …
Government Response 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.