How guidelines are developed

Sentencing guidelines are developed in the following way:

Step 1

The Sentencing Council decides to consider a particular topic for a guideline. The Council may have decided on the topic itself, may be required by legislation to produce a guideline on the topic or may have received a proposal from the Lord Chancellor or from the Court of Appeal.

Step 2

The Council undertakes research into the topic.

Step 3

The Council forms preliminary views. When preparing guidelines, the Council considers the six issues that are described in section 120 of the Coroners and Justice Act 2009. A consultation paper and draft guideline are issued to the Lord Chancellor, the Justice Committee of the House of Commons and any other persons the Council considers appropriate. The consultation paper and draft guideline are published, and made available on the website. The normal consultation period is 12 weeks.

Step 4

The Council considers the responses received to the consultation paper and draft guideline. The Council then issues a definitive guideline, binding on all courts in England and Wales.

Step 5

The Council monitors the operation and effect of the guideline and draws conclusions. The guideline is also kept under review so it can be amended or developed as necessary.

Current consultations can be found in the consultation section.