Sentencing guidelines explained
Sentencing guidelines help magistrates and judges to decide the appropriate level of sentence for an offence.
Criminal offences in England and Wales are defined into broad categories and can have different levels of seriousness, for example, “theft” could mean stealing a chocolate bar from a shop or stealing the Crown Jewels from the Tower of London. It is important to have appropriate sentence levels available so that offenders receive sentences that reflect the crime they have committed. The offence specific guidelines set out a starting point and a sentencing range for each category of offence. The guidelines will also provide guidance on reasons why a more or less severe sentence should be imposed for that offence. Guidelines may provide general guidance on sentencing issues such as the increase in sentences for previous convictions or the discount for early guilty pleas.
It is important to ensure that the same approach is applied in sentencing in courts across England and Wales. Sentencing guidelines, which provide the same standard for all magistrates and judges to follow, play an essential role in this. The courts must follow the sentencing guidelines, unless it is not in the interests of justice to do so.
The new Sentencing Council is a Non-Departmental Public Body, set up on 6th April 2010, and is responsible for preparing and monitoring sentencing guidelines and to ensure greater consistency in sentencing. It replaces the Sentencing Advisory Panel and the Sentencing Guidelines Council, which were previously responsible for sentencing guidelines.