Parliamentary.ai

Overview

This bill increases the power of the Secretary of State over the Sentencing Council in England and Wales. The Secretary of State will now need to approve all sentencing guidelines before they are issued, and can even amend or reject them.

Description

The bill amends the Coroners and Justice Act 2009. Specifically, it adds new subsections (7) and (8) to section 120, giving the Secretary of State three key powers regarding sentencing guidelines created by the Sentencing Council:

• Consent: The Sentencing Council must obtain the Secretary of State's consent before issuing any guidelines.
• Rejection: The Secretary of State can refuse consent, preventing the guideline's issuance.
• Amendment: The Secretary of State can direct the Council to issue a guideline in an amended form.

If the Secretary of State consents or mandates amendments, the Council must issue the guideline accordingly. The bill applies only to England and Wales and comes into force immediately upon passage.

Government Spending

The bill is not expected to have a significant direct impact on government spending. The cost will likely relate to the additional administrative work required by the Secretary of State's office to review and potentially amend sentencing guidelines, though no specific figures are provided.

Groups Affected

• Sentencing Council: The Council's power to issue sentencing guidelines is significantly reduced. Their independence is potentially compromised.
• Judges and Courts: Sentencing practices may be impacted depending on the Secretary of State’s decisions regarding the guidelines.
• Defendants and Victims: The consistency and fairness of sentencing could be affected by the changes, potentially leading to inconsistencies or disproportionate sentences.
• The Public: Public confidence in the sentencing system may be influenced by the perceived level of political influence on sentencing guidelines.