Overview

The Sentencing Bill [HL] consolidates various UK laws relating to sentencing, creating a single "Sentencing Code" that clarifies and streamlines court procedures and sentencing options for adults and young offenders. The bill aims to improve consistency and transparency in sentencing practices while addressing issues of dangerous offenders and ensuring the safety of the public.

Description

This bill creates a comprehensive "Sentencing Code" covering all aspects of sentencing in England and Wales, with some provisions extending to Scotland and Northern Ireland. Key aspects include:

Pre-Sentencing Procedures

• Deferment of sentence: Allows courts to delay sentencing to assess offender conduct or changed circumstances.
• Committal to Crown Court: Specifies when magistrates' courts must or may send cases to the Crown Court for sentencing.
• Reports and information: Requires pre-sentence reports for certain cases, detailing relevant information about offenders.

Sentencing

• Purposes of sentencing: Sets out the purposes of sentencing, including punishment, crime reduction, rehabilitation, public protection, and reparation.
• Sentencing guidelines: Requires courts to follow relevant sentencing guidelines unless doing so would be against the interests of justice.
• Seriousness of offences: Establishes how courts should assess the seriousness of offenses, considering culpability and harm caused.
• Aggravating factors: Lists factors that increase the seriousness of an offense, such as offenses committed on bail, previous convictions, and hate crimes.
• Mitigating factors: Considers mitigating factors, like guilty pleas and assistance to the prosecution, when determining sentences.

Sentencing Options

• Absolute and conditional discharges: Defines when these options are available.
• Referral orders (under 18): Establishes referral orders involving youth offender panels and contracts.
• Reparation orders (under 18): Orders requiring offenders to make reparation for their crimes.
• Fines: Sets out the availability and calculation of fines.
• Compensation orders: Requires offenders to compensate victims for losses or damages.
• Restitution orders: Orders for the return of stolen goods or equivalent compensation.
• Deprivation orders: Allows courts to deprive offenders of rights in property used to commit crimes.
• Disqualification: Covers driving disqualifications and disqualifications under other acts.
• Community sentences: Details youth rehabilitation orders and community orders with various requirements.
• Custodial sentences: Specifies custodial sentences, including detention and training orders, detention in young offender institutions, and imprisonment. This includes extended sentences and life sentences.
• Behaviour orders: Authorises criminal behaviour orders and sexual harm prevention orders.
• Parenting orders: Orders for parents or guardians of young offenders.

Other Provisions

• Duties to explain and give reasons for sentences: Requires courts to explain sentences clearly to offenders.
• Derogatory assertion orders: Allows courts to restrict the reporting of false or irrelevant assertions made during mitigation.
• Surcharges: Requires offenders to pay a surcharge in most cases.
• Criminal Courts Charge: Imposes a charge on offenders to contribute to court costs.
• Deportation recommendations: Allows courts to recommend deportation in appropriate circumstances.
• Review of sentences: Provides for the review of sentences where offenders fail to fulfill agreements to assist the prosecution.

Government Spending

The bill's impact on government spending is not explicitly stated in the provided text. However, increased use of community sentences and other non-custodial measures could potentially lead to savings in prison costs. Conversely, increased administrative costs associated with the new Sentencing Code and new sentencing options, such as electronic monitoring, are likely.

Groups Affected

• Judges and Magistrates: The bill significantly changes their sentencing powers and procedures.
• Offenders: The bill impacts the types of sentences they may receive and the conditions they may face.
• Victims: The bill affects their access to compensation and reparation.
• Probation services and youth offending teams: The bill increases their role in supervising offenders.
• Police: The bill affects their role in enforcing sentences.
• Media: The bill affects reporting restrictions on court proceedings.
• Prison system: The bill's impact on prison populations is potentially significant due to changes in sentencing practices.

Powered by nyModel