How guidelines are developed
Quote from this page: The Council considers the responses and then issues a definitive guideline.
Sentencing guidelines are developed in the following way:
Step 1 – Priorities
Council identifies work plan priorities – this could be based on concerns about an existing guideline, offence types which lack a guideline or because we have been required by statute to look at a particular area.
Step 2 – Research
Research is undertaken; policy and legal investigations are carried out; the approach to the particular guideline is discussed by Council and agreed and an initial draft guideline is then created.
Step 3 – Approach
Council members discuss the draft guideline, refine the approach and agree on the broad structure and detail which will form the basis for consultation.
Step 4 – Consultation
Council consults the statutory consultees, criminal justice professionals and wider public over a 12 week period. The Council also produces a draft resource assessment and an equality impact assessment at this step.
Step 5 – Responses
Council considers the responses to the consultation and develops a response paper and definitive version of the guideline, resource assessment and equality impact assessment.
Step 6 – Publication
Council issues the definitive guideline and supports training for sentencers where necessary.
Step 7 – Monitoring
The use of the guideline is monitored via the Crown Court Sentencing Survey.