Our work

“As an independent body, the Council initiates its own work while at the same time being responsive to developments in the field of criminal justice.” Roz Campion, Head of the Office of the Sentencing Council

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.

Our approach

The Council is outward-facing, responsive and consultative and draws on expertise from relevant fields wherever necessary whilst ensuring the legal sustainability of all its work. The Council aims to foster close working relationships with judicial, government and non-government bodies whilst retaining its independence. The Council will engage with the public on sentencing, offer information and encourage debate. It will focus on three areas of work; sentencing guidelines, research and analysis and public confidence.

Sentencing guidelines

The Sentencing Council will promote a clear, fair and consistent approach to sentencing in particular through its work on sentencing guidelines. Draft guidelines will be fully consulted on and will be designed to be useful to all those who refer to them.

This year the Council will consider:

Drug offences – The Council issued a draft guideline for consultation in March 2011. Subject to the consultation responses, it plans to issue a definitive guideline within the financial year.
Burglary offences – The Council issued a draft guideline for consultation in May 2011 on aggravated, domestic and non-domestic burglary. Subject to the consultation responses, it plans to issue a definitive guideline within the financial year.
Totality – The Council has a statutory duty to prepare a guideline about ‘the application of any rule of law as to the totality of sentences’. The Council plans to issue a draft guideline for consultation within the financial year.
Offences Taken into Consideration – The Sentencing Advisory Panel produced advice on offences taken into consideration. The Council plans to review this advice and issue a draft guideline for consultation, potentially alongside the consultation on totality.
Requests for additional guidelines – The Council will review the requests it has received for additional offences, particularly those which could be added to the Magistrates Court Sentencing Guidelines (MCSG), and issue draft guidelines for consultation as appropriate.
Allocation – The Council has a statutory power to issue allocation (mode of trial) guidelines. The Council plans to review this matter and issue a draft guideline for consultation.
Sex offences – The Council will review the current Sex Offences 2003 guideline and subject to the outcome of this review consider issuing a draft guideline for consultation.

Research and analysis

The Act places a number of obligations on the Council with regard to monitoring and data analysis. To fulfil these statutory obligations the Council will be responsible for its own independent statistical analysis, impact assessments and research to support its functions.

This year the Council will:

Crown Court Sentencing Survey – The Council will continue collecting and analysing information on factors taken into account when sentencing.
Magistrates’ courts sentencing data – The Council will consider how best it might collect information from magistrates’ courts on the factors taken into account when sentencing.
Resource assessments and analysis & research bulletins – These documents will be produced in support of the guidelines the Council consults on and issues.
Research projects - The Council plans to conduct research projects on the following topics:
o Sex offences
o Allocation and MCSG additional offences
o Testing the effect of proposed changes to guidelines

Public confidence

The Council will work to improve public confidence in sentencing. It will seek to do this by increasing the quantity and quality of information and engagement available to the public on sentencing. In all of its work on confidence it will look to understand and respond to the needs of members of the public who are directly affected by sentencing, particularly as victims and witnesses.

This year the Council will work to improve public confidence through:

Consultation – The Council will continue to encourage as many people as possible respond to our consultations via public consultation papers, online questionnaires and attending consultation events. This year the Council aims to widen the number members of the public, organisations and interested parties it engages with through its consultation, to exceed the 400 individuals and groups reached through the assault consultation.
Increasing information on the work of the Council and sentencing guidelines – The Council will continue to improve and develop its website content to ensure accessible and relevant information for practitioners and the public with the aim of increasing the volume of users. Council members will continue to speak at events and conferences on the work of the Council. An annual academic seminar will be held.
Increasing understanding of sentencing – This year the Council will particularly focus on working with organisations with expertise in victims issues to develop materials for victims and witnesses that enable them to increase their understanding of sentencing in general and in particular the sentences that are given to the offenders in their cases. It also plans to repeat its successful trial in 2010/11 of a student sentencing competition.
Engaging with the media - The Council will continue to look for proactive broadcast opportunities in order to explain sentencing more effectively to the public. It will also look to utilise local media more effectively and social media channels via blogs and twitter.
Supporting local engagement – The Council recognises that significant work is being undertaken locally to engage with people about sentencing. It will continue to promote local activities such as ‘You Be the Judge’ and ‘Local Crime, Community Sentences’.