Proposals for a new sentencing code
Few people would disagree with the suggestion that sentencing law in England and Wales is a complete mess. The provisions that govern how a defendant is to be sentenced are both complex and disparate and to be found across a significant number of statutes. The proposal is to replace the variety of provisions with a new sentencing code.
Why does this matter?
Research has shown that thousands of sentencing errors are made each year. Many end up going completely undetected. Sometimes the mistakes make little difference in practice, but often the failure leads to unlawful sentences being imposed.
The complexity of the statutory provisions is only one consideration. There is also a large body of case law that mjust be taken into account. Again, we see many errors, most notably concerning protective orders where conditions imposed are often draconian and unnecessary.
Sentencing errors can lead to a failure to protect victims as well as unlawful or inappropriate sentences for defendants. Any appeal proceedings that follow to put matters right will be costly. Ironically the Court of Appeal often makes mistakes itself.
So, what is being proposed?
The Law Commission has proposed a ‘Sentencing Code’. This will be a single Act of Parliament that will place all sentencing provisions in one place.
To achieve this, a two-stage process will take place:
- Minor amendments to existing statutes will be made to ‘tidy up’ the statute book.
- Immediately afterwards the provisions will be consolidated into one Act of Parliament (‘the sweep’).
This clean sweep of law will then lead to a single consolidated statutory provision resulting in a sentencing code that can be further amended in the future.
It is important to note that this procedure is a consolidating procedure Apart from minor changes to legislation there will be no material change to existing law. There will be no increases to the existing sentences available to courts.
Will the sentencing code make a difference?
Given the effect of this is merely to move sentencing law into one single statute, it is a reasonable question to ask whether this will make a difference.
The Law Commission carried out extensive testing of the proposals. It was demonstrated that having a single reference point for sentencing leads to fewer errors. Errors will continue to be made, for all manner of reasons, but we should see a massive reduction.
When will these changes happen?
The first piece of legislation was laid in the House of Lords last week, and the provisions could be law in a matter of months. Much will depend on the legislative timetable and the uncertainty of the political situation at the present time.
When the relevant legislation is enacted, there will need to be a period of training for lawyers and judges before the new statute takes effect so it seems unlikely that the provisions will come into effect before mid 2020 at the earliest.
What happens until then?
Until that time we will continue to be alert on your behalf.
Our lawyers take great care to ensure lawful and proportionate sentences are passed and will not hesitate to take corrective action where that is required.
We prefer to work hard to avoid mistakes in the first place to avoid problems later. As a result all of our advocates are highly trained in the complexities of sentencing law. Our ethos is that we must ‘get it right first-time’.
If, however, you believe that your sentence before either the Magistrates’ Court or Crown Court was unlawful or excessive then please contact us immediately.
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