§ Mr. Simon HughesTo ask the Secretary of State for the Home Department (1) on how many occasions the Sentencing Advisory Council has made proposals on(a) framing and (b) revising guidelines on sentencing since its establishment; and if he will make a statement; [142605]
61W(2) what measures he has taken to improve consistency in sentencing between courts; and if he will make a statement. [142607]
§ Mr. Boateng[holding answer 15 December 2000]: Section 81 of the Crime and Disorder Act 1998 established a new Sentencing Advisory Panel, to provide advice on sentencing to the Court of Appeal. The Panel must be informed when the Court is considering guidelines, and then provide advice, consulting with other interested parties. The Panel may also propose that the Court frame or revise guidelines if it considers this necessary or when directed to do so by my right hon. Friend the Home Secretary. These provisions came into effect on 1 July 1999.
The Sentencing Advisory Panel has made a proposal that the Court of Appeal should frame a sentencing guideline on four occasions. No proposals have yet been made to revise an existing guideline.
On 21 September 2000, the Panel issued a consultation paper on a proposal that the Court of Appeal frame a sentencing guideline on handling stolen goods. It is hoped that advice will be submitted to the Court of Appeal in the new year.
§ Mr. Simon HughesTo ask the Secretary of State for the Home Department if he will list the current mandatory sentences, including fixed penalty fines, and the date each came into force; and if he will make a statement. [142615]
§ Mr. Charles Clarke[holding answer 15 December 2000]: Life imprisonment is the mandatory sentence for murder. Section 109 of the Powers of Criminal Courts (Sentencing) Act 2000 provides for an automatic life sentence for a second serious sexual or violent offence. Section 110 of the 2000 Act provides for a minimum seven years imprisonment for a person convicted for a third time of a Class A drug trafficking offence. These provisions were both implemented on 1 October 1997. Section 111 of the 2000 Act provides for a minimum sentence of three years imprisonment for a third time domestic burglary. This was implemented on 1 December 1999.
There are a range of motoring offences that carry an obligatory period of disqualification from driving. A substantial number of motoring offences also carry obligatory endorsement of the offender's driving licence. Although a substantial number of offences may be dealt with by a fixed penalty, the majority of which are road traffic offences, this form of disposal cannot be regarded as a mandatory sentence.
The Powers of Criminal Courts (Sentencing) Act 2000 also makes provision for mandatory referral of certain young offenders to Youth Offender Panels where the offender and Panel will discuss and seek to agree a youth offender contract.
Fixed penalty notices are issued at the discretion of the issuing authority. The offender is offered the choice of avoiding prosecution by paying the penalty or electing non-payment and attending court. Any sentence passed following conviction for the offence is entirely at the discretion of the court.