To all judges and magistrates hearing criminal cases
Lord Carter has now published his report on sentencing and the use of custody, and copies are available on the web.
I had anticipated that Lord Carter might propose a structured sentencing framework as a mechanism that would enable the government to predict the effect of sentencing legislation on the future demand for prison places. In a recent lecture I said that I hoped that, if he did so, this would lead to a public debate as to whether such a course is desirable.
In paragraph 46 of Chapter 3 of his report Lord Carter observes:
"Further work is needed in order to focus the public debate as to whether the development and adoption of a structured sentencing framework is the course that government and Parliament wish to follow in finding a long-term solution to prison population pressures."
In his letter to us Lord Carter expresses the hope that we should consider his proposals carefully and contribute to the debate that will follow should the government decide to take them forward. I hope that it may prove possible to have a debate about Lord Carter’s proposals for a possible Sentencing Commission that is not politically controversial. If so, the judiciary will be uniquely placed both to inform and contribute to the debate and I would be prepared to invite a senior judge to chair an appropriate body to carry out the work referred to in paragraph 46. If such a body is created I would invite the judicial chair to consider how the work of the Sentencing Guidelines Council, which I chair, and the task of that body can proceed together during the period it is examining the proposals.
Lord Phillips of Worth Matravers
