Amendments to Sentencing Guidelines 

What are Sentencing Guidelines?

The Sentencing Council is a body responsible for developing sentencing guidelines which the courts must use when passing a sentence. Gradually, these guidelines must be updated, in order to remain current and without issue.

There is an ongoing consultation process in relation to determining upcoming changes. These proposed changes relate to both Magistrates and Crown Court.

The Magistrates’ Court

In relation to the Magistrates Court, there are proposals regarding:

• Assessment of income for fines
• Introducing guidelines for the offence of using or keeping an HGV, when the annual levy has not been paid
• Reforms for careless driving guidelines
• Alterations to the wording of guidelines for driving otherwise than in accordance with a licence
• Clarification of allocation guidelines. These assist in determining whether cases should be dealt with by a Magistrates Court or Crown Court

Either way matters dealt with at the Crown Court or the Magistrates’ Court

In relation to both courts, there are several areas for potential amendments, some of which will be discussed below.

Sentencing children and young people

Firstly, sentencing children and young people has been a topic of discussion. Specifically, the wording of this and the explanatory notes that could be added to the guidelines. Solely focusing on ‘children’ in the guidelines, rather than ‘children and young people’ has been suggested, as well as reflecting this in all supporting material. The reason for this would be to make it clear to all parties passing sentences, that children should not be dealt with as mini-adults.

Providing assistance to law enforcement

Secondly, it has been suggested that guidance should be given on the effect of providing assistance to law enforcement authorities on sentencing. This should be explicitly addressed in a section of the sentencing guidelines. This would involve an explanation that it will be a fact specific decision in each case. Factors to be considered would include seriousness of the offence; quality of material provided to assist the prosecution; extent of personal risks taken to provide information.

Notably, the reduction in sentence for this is completely separate to that given for a guilty plea.

Wording will also be clarified within the guidelines, to avoid the current inconsistency and any uncertainty. For example, when determining the offence category, the factors that will always be assessed are culpability and harm.

Totality

The principle of totality may also be amended. This principle means that when courts are sentencing for more than one offence, they should pass a total sentence which reflects all the offending behaviour before it and is just and proportionate. The sentences may be consecutive (to be served one after the other) or concurrent (to be served at the same time).

Amendments will be made to the specific wording of this, referring to the relevant legislation. It will likely state that there is no inflexible rule as to how a sentence should be structured. If consecutive, it is usually impossible to arrive at a just and proportionate sentence simply by adding together single sentences. Usually, some downward adjustment is required. If concurrent, it will often be the case that the sentence on a single offence will not adequately reflect the overall offending. Usually some upward adjustment is required, which may have the effect of going outside the category range for a single offence.

Conclusion

Overall, the ongoing consultation should help to reassure those involved in the criminal justice system, as well as the general public, that sentencing guidelines are constantly being reviewed and improved. As these guidelines are so vital to any case in which a defendant is convicted, it is crucial they are under continuous scrutiny, to ensure best practice in the courts.

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