Sentencing Council of England and Wales

1. Sentencing Council of England and Wales Jill Gramann JP Sentencing Council member

2. About the Sentencing Council • Created by Coroners and Justice Act 2009 • Primary function is to prepare sentencing guidelines. The courts must follow these unless: “the court is satisfied that it would be contrary to the interests of justice to do so” • Independent body sponsored by the Ministry of Justice • 14 members • 8 judicial including the Chairman, Lord Justice Treacy • 6 non-judicial: policing, prosecution, defence, probation, academic and victims

3. Developingaguideline • Development can take from 18 months to 2 years from start to finish. • The process is designed to allow a culture of continuous improvement

4. Two new guidelines launched this week – Imposition & Breach • Definitive Guideline on Imposition of Community & Custodial Sentences • Consultation on Breach Guideline Launched on 25th October. Unusual for two ‘guidelines’ to be launched simultaneously, but guidelines are linked.

5. Definitive Guideline on Imposition of Community & Custodial sentences • Consultation took place early this year. • Replaces outdated SGC guideline ‘New Sentences CJA 2003’. • Consolidates and updates guidance, and clarifies important considerations when imposing these sentences. • Development was prompted by evidence which revealed some suspended sentences were being imposed when a custodial sentence was not the appropriate sentence.

6. Consultationfindings • Magistrates heavily represented in consultation process for imposition guideline. 87% of consultation respondents were magistrates and a number took part in testing of the guideline. • Respondents were broadly positive, and made a number of suggestions as to how the clarity of the guideline could be improved, or where a different approach should be considered. • The Council valued these suggestions and a number of important changes made to the final definitive guideline as a result of these.

7. Definitive Guideline on Imposition of Community & Custodial sentences • Clarifies general principles for these sentences, and highlights relevant legislative provisions which underpin principles. • Contains comprehensive guidance on community order levels and requirements. • Specifies that Requirements which should be imposed for a punitive purpose are at the discretion of the sentencer.

8. Definitive Guideline on Imposition of Community & Custodial sentences • Structured approach to determining custodial sentences; - has the custody threshold been passed - what should be considered in determining whether custody really is unavoidable. • Factors relevant to the decision to suspend a custodial sentence are included. • Clarifies that suspended sentences are custodial sentences, and must not be imposed if custody would not have been imposed in the absence of the power to suspend. • Combined flowchart setting out sentencing decision process included.

10. Consultation on Breach guideline • Consultation launched on a package of guidelines on breach of court orders. • Council responded to requests from sentencers for comprehensive guidance on how to deal with breaches of orders. • Ten different guidelines included: – Breach of Community Order Breach of Suspended Sentence Order Breach of Post Sentence Supervision (magistrates courts only) Failure to Surrender to Bail Breach of a Protective Order Breach of a Criminal Behaviour Order Breach of a Sexual Harm Prevention Order Failing to comply with notification requirements (sex offenders) Breach of disqualification from acting as a director Breach of disqualification from keeping an animal

11. Developing the Breach guideline • Stepped approach to sentencing not suitable for all breaches, so bespoke models developed for breaches of Community orders, Suspended Sentence Orders and Post Sentence supervision. • Guideline strikes balance of being punitive for breach but aligning with Transforming Rehabilitation programme. Extensive research undertaken to inform the proposals. • Analysis of cases and current sentencing practice to inform penalties in guideline – but evidence limited in some areas, particularly in relation to breaches of Community Orders. • Consultation responses will be crucial in highlighting where further consideration is required.

12. Breach - Draft guideline summary • Comprehensive guidance on breach offences for all courts for the first time. Breaches of Community Orders, Suspended Sentence Orders and Post Sentence supervision • Seriousness of breach determined by prior level of compliance. • Sufficient sentencing options to enable penalty to be tailored to circumstances of offender, but to also achieve consistency of sentencing.

13. Breach - Draft guideline summary Other breach offences • Seriousness determined by deliberateness of breach, as well as assessing any actual harm or risk of harm posed by the breach. This recognises the purpose of the order in protecting the public from further offending. • Penalties more closely reflect statutory maximum sentences, to ensure breaches at the upper end of seriousness can be dealt with robustly.

14. Breach guideline - Timeline • October 25th to January 25th: 13-week public consultation on proposals • April – July 2017: Council meetings to discuss consultation responses • August – September 2017: Guidance finalised, document designed • October 2017: Definitive guidance to be published • February 2018: Definitive guideline in force – one year after Imposition guideline

15. Feedback • Workshops to be held to discuss and review both guidelines today. Comments and feedback on he practical application of the guidelines I will personally share with the Council. • Magistrates deal with by far the highest volume of breaches, so your views are crucial to ensuring an effective guideline. Please do ensure the views of the magistracy are well represented by responding to the consultation.

16. More information www.sentencingcouncil.org.uk info@sentencingcouncil.gsi.gov.uk @SentencingCCL jill.gramann.JP@ejudiciary.net