Overview

This Sentencing Bill [HL] aims to consolidate various UK laws related to sentencing, creating a single, comprehensive "Sentencing Code" to improve clarity and accessibility. It covers pre-sentence procedures, sentencing guidelines, various types of sentences (including community sentences and custodial sentences), and behaviour orders.

Description

The bill establishes a "Sentencing Code" encompassing Parts 2 to 13. Key aspects include:

Pre-Sentence Procedures:

• Deferment orders: Courts can defer sentencing to monitor offender conduct and allow for restorative justice.
• Committal to Crown Court: Magistrates' courts can commit serious cases to the Crown Court for sentencing.
• Pre-sentence reports: Requirement for courts to obtain and consider reports before sentencing, particularly for young offenders.
• Financial circumstances orders: Courts can order offenders to provide statements of their financial circumstances to determine appropriate fines or compensation.

Sentencing Guidelines and Discretion:

• Purposes of sentencing: The bill outlines the aims of sentencing, including punishment, crime reduction, rehabilitation, public protection, and reparation.
• Sentencing guidelines: Courts must follow relevant guidelines unless doing so would be contrary to the interests of justice.
• Seriousness assessment: Courts must consider offender culpability and harm caused when assessing the seriousness of an offence. Aggravating factors include offences committed while on bail, previous convictions, and hostility based on race, religion, or other protected characteristics. Mitigating factors, including guilty pleas and assistance to the prosecution, are also considered.

Types of Sentences:

• Discharges: Absolute and conditional discharges are available.
• Referral orders (under 18): Offenders are referred to youth offender panels to agree on a behaviour programme.
• Reparation orders (under 18): Offenders are required to perform work to make amends for their offenses.
• Fines: Courts can impose fines, taking into account the offender's financial circumstances.
• Compensation orders: Courts can order offenders to pay compensation to victims.
• Restitution orders: Courts can order the return of stolen goods or payment for their value.
• Deprivation orders: Courts can order the forfeiture of property used in the commission of crimes.
• Disqualification: This includes driving disqualifications and other disqualifications under other Acts.
• Community sentences: This includes youth rehabilitation orders and community orders with various requirements (unpaid work, curfew, etc.).
• Custodial sentences: The bill specifies various types of custodial sentences, including detention and training orders, detention in young offender institutions, and imprisonment, including extended sentences and life sentences.

Behaviour Orders:

• Criminal behaviour orders: Prohibit or require certain behaviours to prevent harassment, alarm, or distress.
• Sexual harm prevention orders: Prohibit specified actions to protect the public from sexual harm.
• Restraining orders: Prevent specified conduct to protect victims from harassment or fear of violence.
• Parenting orders: Require parents or guardians to comply with requirements to prevent further offending by their children.

Miscellaneous Provisions:

• Costs, fines, and other financial orders (under 18): The bill addresses payment of these by the offender's parent or guardian.
• Commencement and alteration of sentences: The bill addresses the timing of when sentences commence and the Crown Court's power to alter sentences.
• Deportation recommendations: Courts can recommend deportation for non-British citizens.
• Assistance to prosecution: The bill addresses the review of a sentence if an offender fails to provide agreed assistance to the prosecution.

Government Spending

The bill's impact on government spending is not explicitly stated in the provided text. However, the introduction of new sentencing options and procedures could lead to changes in spending on probation services, youth offending teams, and prison capacity. Further financial implications may arise from any additional resources required for the implementation of the new provisions.

Groups Affected

• Offenders: The bill directly affects all offenders, with potentially significant consequences depending on the nature of the crime and the sentence imposed. Changes in sentencing options could lead to increased or decreased lengths of sentences.
• Victims: The bill aims to improve the protection of victims through various measures, including compensation orders, and restorative justice opportunities.
• Judges and Magistrates: The bill affects their sentencing powers and procedures, requiring them to follow new guidelines and processes.
• Probation services and youth offending teams: The bill increases the role of these services in monitoring offenders and providing support.
• Prison service: The bill’s custodial sentence provisions may affect prison populations and resource allocation.
• Police: The bill will affect police involvement in enforcing some of the sentencing and behaviour orders.
• Parents/Guardians of young offenders: The bill gives courts increased powers to involve parents/guardians in the sentencing process through orders for payment or involvement in behaviour programmes.

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