Current project status
The current status of this project is: Analysis of responses.
List of project stages:
- Analysis of responses
- Initiation: Could include discussing scope and terms of reference with lead Government Department
- Pre-consultation: Could include approaching interest groups and specialists, producing scoping and issues papers, finalising terms of project
- Consultation: Likely to include consultation events and paper, making provisional proposals for comment
- Policy development: Will include analysis of consultation responses. Could include further issues papers and consultation on draft Bill
- Reported: Usually recommendations for law reform but can be advice to government, scoping report or other recommendations
Making sentencing simpler, fairer and quicker by introducing a single Sentencing Code.
The law on sentencing affects all criminal cases, and is applied in hundreds of thousands of trials and thousands of appeals each year.
Currently, the law lacks coherence and clarity. It is spread across many statutes, and frequent updates are brought into force at different times by different statutory instruments and have a variety of transitional arrangements.
This makes it difficult, if not impossible at times, for practitioners and the courts to understand what the present law of sentencing procedure actually is.
This can lead to delays, costly appeals and unlawful sentences.
There is near unanimity from legal practitioners, judges and academic lawyers that the law in this area is in urgent need of reform.
The courts have repeatedly complained about the complexity of modern sentencing procedure.
There is strong evidence that the high number of unlawful sentences being handed down is a direct result of the inability of judges to find their way through the relevant provisions.
This undermines public confidence in sentencing and costs a great deal of public money to rectify on appeal.
The Sentencing Code project is part of the Law Commission’s 12th programme of law reform.
The broad aims of the Sentencing Code project are threefold:
- to ensure the law relating to sentencing procedure is readily comprehensible and operates within a clear framework
- to increase public confidence in the Criminal Justice System
- to ensure the Criminal Justice System operates as efficiently as possible.
A number of consultations and issues papers have been issued, available in the downloads section below. The first round to ascertain that we had correctly identified all of the correct criminal law.
Our final list of laws, compiling some 1,300 pages, was published in October 2016.
In July 2017 the Law Commission began a 6-month public consultation on plans for a Sentencing Code, meeting over 1,400 lawyers, policymakers and judges in the process.
A small number of youth sentencing laws had previously been omitted from public consultation exercises while the Ministry of Justice Review of the Youth Justice System in England and Wales was taking place.
Following its publication, a five-week long supplementary consultation was launched on 23 March 2018 to ensure that all provisions in the draft Bill receive public scrutiny.
Our aim in this project is to introduce a single sentencing statute that will act as the comprehensive source of sentencing law – the “Sentencing Code”.
The Sentencing Code would:
- help stop unlawful sentences by providing a single reference point for the law of sentencing, simplify many complex provisions and remove the need to refer to historic legislation;
- save up to £255million over the next decade by avoiding unnecessary appeals and reducing delays in sentencing clogging up the court system;
- rewrite the law in modern language, improving public confidence and allowing non-lawyers to understand sentencing more easily;
- remove the unnecessary layers of historic legislation; and
- allow judges to use the modern sentencing powers for both current and historic cases, making cases simpler to deal with and ensuring justice is better served.
The Sentencing Code would not:
- alter the maximum sentences for criminal offences;
- subject any offender to a harsher penalty than that which could have been imposed at the time of their offence;
- extend minimum sentencing provisions or create new minimum sentences;
- reduce judicial discretion; or
- replace sentencing guidelines or the work of the Sentencing Council.
Support for the project
The strong support we have received for this project reflects a wide agreement that the law in this area is in urgent need of reform.
The Rt Hon the Lord Thomas of Cwmgiedd, Lord Chief Justice of England and Wales:
“As I had cause to mention in my editorial for the Criminal Law Review’s 60th anniversary edition, the Law Commission’s project to codify sentencing law is a valuable and long-overdue stepping stone in the process of the rationalisation and clarification of the criminal law. The law on sentencing is highly complex and contained in a dizzying array of separate but overlapping sources. For that reason sentencing procedure represents an obvious candidate for consolidation and simplification.”
Lord Justice Treacy, Chairman, Sentencing Council:
“A sentencing code, containing a single comprehensive statement of the procedure to be followed after an offender’s conviction, would greatly increase the accessibility and clarity of the law in this area. This would reduce the potential for confusion which may create real problems in practice. This in turn would help promote fairness and consistency in sentencing. It could also increase the impact of the Sentencing Council’s work by allowing judges to focus on the key issue: the correct sentence to be imposed in each case based on the Council’s definitive guidelines. Judges would no longer be distracted by the exercise of navigating the current myriad and overlapping sources of sentencing provisions.”
The consultation on disposals relating to children and young persons closed on 27 April 2018. The team are currently analysing responses and will make the necessary changes to the draft Bill. Publication of the final report and draft Bill is expected in late summer/early autumn 2018.
By email to: email@example.com
Area of law
Professor David Ormerod QC