Sentencing advisory panel consults on offences taken into consideration
08 Feb 2007
Admitting other offences, some of which might not otherwise be successfully prosecuted, reduces the drain on police and court resources and, more importantly, increases the number of crimes for which offenders are brought to justice.
The criminal justice system currently adopts a pragmatic approach when considering the extent to which additional admitted offences should impact on the sentence being imposed. This has led to some inconsistency in approach.
The Sentencing Guidelines Council has asked the Panel to provide advice establishing general principles about which types of offences should be taken into consideration and the degree to which they should influence the sentence for the crime originally before the court.
Chairman of the Panel Martin Wasik said: "Where an offender is convicted or pleads guilty the court must consider the seriousness of the offence and any associated offences – that includes offences taken into consideration.
"It seems obvious from this a court should normally pass a heavier sentence that reflects the totality of the offending behaviour but current sentencing practice suggests that the issue is not entirely clear.
"A consistent approach to sentencing both in a Magistrates&rsquot; Court and the Crown Court is key to encouraging offenders to admit further offences and to reassure the public that offenders will be brought to justice and sentenced appropriately for the sum of crimes they commit.
The Sentencing Advisory Panel has also today issued revised Magistrates&rsquot; Court Sentencing Guidelines for consultation. These reflect the significant changes in the sentencing framework since the current edition was published by the Magistrates&rsquot; Association in October 2003.
"It seems obvious from this a court should normally pass a heavier sentence that reflects the totality of the offending behaviour but current sentencing practice suggests that the issue is not entirely clear.
"A consistent approach to sentencing both in a Magistrates&rsquot; Court and the Crown Court is key to encouraging offenders to admit further offences and to reassure the public that offenders will be brought to justice and sentenced appropriately for the sum of crimes they commit."
The Sentencing Advisory Panel has also today issued revised Magistrates&rsquot; Court Sentencing Guidelines for consultation. These reflect the significant changes in the sentencing framework since the current edition was publishedby the Magistrates&rsquot; Association in October 2003.
"It seems obvious from this a court should normally pass a heavier sentence that reflects the totality of the offending behaviour but current sentencing practice suggests that the issue is not entirely clear.
"A consistent approach to sentencing – both in a Magistrates&rsquot; Court and the Crown Court – is key to encouraging offenders to admit further offences and to reassure the public that offenders will be brought to justice and sentenced appropriately for the sum of crimes they commit."
The Sentencing Advisory Panel has also today issued revised Magistrates' Court Sentencing Guidelines for consultation. These reflect the significant changes in the sentencing framework since the current edition was published by the Magistrates' Association in October 2003.
The revised guidelines were developed by an Advisory Group appointed by the Panel. Members were drawn from the Panel and from representatives of those most affected by the guidelines – District Judges, Magistrates and Justices' Clerks.
Before beginning work on the revision the group invited views from a wide range of interested parties on the content, structure and style of the guidelines. The responses received have informed the revision of the guidelines.
The revised guidelines follow the structure of the current edition and provide:
- a short introduction and user guide explaining the structured approach to the sentencing decision;
- guidelines for criminal offences frequently encountered in magistrates' courts dealing with adult offenders, including road traffic offences;
- explanatory notes relating to general sentencing issues.
Important changes in the revised guidelines include:
- coverage of a greater number of offences;
- provision of more detailed guidance regarding sentencing starting points and ranges;
- incorporation of guidelines issued by the Court of Appeal and Sentencing Guidelines Council;
- substantial revision and expansion of the explanatory material;
In addition, the Panel is seeking views on two alternative approaches to the calculation of fines which aim, in particular, to provide greater guidance to sentencers in situations where there is no reliable information about the offenders financial circumstances.
The Panel wishes to receive comments on all aspects of the revised guidelines, including the structure and format of the document, the individual offence guidelines, and the proposed approach to the issues of general principle discussed in the explanatory material. Throughout the consultation period, the Panel will also be conducting workshops with sentencers to test out the effect and practicality of the proposed options in relation to the calculation of fines.
Responses to both consultation papers should be received by 2 May 2007.