About the Sentencing Council

“We have an opportunity both to streamline and to advance work on sentencing in a way that supports not only the judiciary but also all those working within the criminal justice arena and the wider public.” Lord Justice Leveson, Chairman

The Sentencing Council for England and Wales has been set up by part four of the Coroners and Justice Act 2009 to promote greater transparency and consistency in sentencing, whilst maintaining the independence of the judiciary.

The Sentencing Council is an independent, non-departmental public body of the Ministry of Justice and replaces the Sentencing Guidelines Council and the Sentencing Advisory Panel.

The Sentencing Council for England and Wales will:

promote a clear, fair and consistent approach to sentencing;
produce analysis and research on sentencing; and
work to improve public confidence in sentencing.

The Council will fulfil the following functions contained in the Coroners and Justice Act 2009:

prepare sentencing guidelines;
publish the resource implications in respect of the guidelines it drafts and issues;
monitor the operation and effect of its sentencing guidelines and draw conclusions;
prepare a resource assessment to accompany new guidelines;
promote awareness of sentencing and sentencing practice; and
publish an annual report that includes the effect of sentencing and non sentencing practices.

The primary role of the Council is to issue guidelines on sentencing which the courts must follow unless it is in the interest of justice not to do so.

Functions

The Sentencing Council has responsibility for:

developing sentencing guidelines and monitoring their use;
assessing the impact of guidelines on sentencing practice. It may also be required to consider the impact of policy and legislative proposals relating to sentencing, when requested by the Government; and
promoting awareness amongst the public regarding the realities of sentencing and publishing information regarding sentencing practice in Magistrates’ and Crown courts.

Additional functions

In addition to the functions above, the Council must:

consider the impact of sentencing decisions on victims;
monitor the application of the guidelines, better to predict the effect of them; and
play a greater part in promoting understanding of, and increasing public confidence in, sentencing and the criminal justice system.

Appointments to the Council

Lord Justice Leveson, a Court of Appeal judge was appointed Chairman of the Sentencing Council in April 2010, along with 13 other appointments. All appointments were made by the Lord Chancellor and Lord Chief Justice.

To find out more about each member of the Sentencing Council, go to the Council members’ page.