§ Vera BairdTo ask the Parliamentary Secretary, Department for Constitutional Affairs what recent action has been taken to ensure consistency in sentencing; and what further action is planned. [146072]
§ Mr. LeslieThe Court of Appeal Criminal Division has issued sentencing guidelines in particular types of cases for over 20 years. They are widely publicised in legal journals and law reports. These decisions are also disseminated by the Judicial Studies Board during its regular seminars.
The Criminal Justice Act 2003 establishes the Sentencing Guidelines Council which will take over the Court of Appeal's present responsibility for issuing sentencing guidelines. Parliament will have a role in considering and scrutinising the draft guidelines drawn up by the Council.
The Council will be chaired by the Lord Chief Justice. It will have seven judicial members, drawn from every tier of court that deals with sentencing in criminal cases, and four non-judicial members (with experience of policing, criminal prosecution, criminal defence and the interests of victims). The Home Secretary will also appoint as an observer a person with experience of sentencing policy and the administration of sentences.
In every individual case, the judge or magistrate will continue to make his or her own decision as to sentence, but will be required to have regard to the Council's guidelines.