Friday 30 Nov 2007 @ 10:19
Sentencing Council
Sentencing Council
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COUNCIL PUBLISHES ADVICE TO SENTENCERS ON
Offenders who deliberately fail to turn up for court cases should face prison sentences says a new guideline for judges and magistrates published yesterday.
Someone who jumps bail for the first time and causes significant delay or interference with the progress of the case could face a sentence of up to 40 weeks in the Crown Court or 10 weeks in a magistrates' court. Repeat offenders are likely to get tougher sentences than first offenders. Those who deliberately fail to surrender will face a starting point of 14 days custody, and the sentence will increase as delay or interference becomes more substantial.
The guideline makes clear that any sentence passed should be additional to the sentence imposed for the original offence for which bail was given.
The Sentencing Guidelines Council has sent a strong message that bail offenders have a major impact on the effective working of the judicial system and should be treated rigorously and sentenced as soon as practicable.
Sentencers are advised that they should consider the harm caused to victims and witnesses and the waste of police and court resources in reaching their decision.
In cases where community orders rather than custodial sentences are suitable, sentencers are advised that a curfew requirement supported by electronic tagging “may be a particularly appropriate part of such an order”
Sir Igor Judge, Deputy Chairman of the Council, said; “Bail Act offences are committed in significant numbers each year and are a major cause of disruption, delay and unnecessary cost.
“When a defendant fails to appear in court it causes distress to victims and witnesses and undermines confidence in the criminal justice system.
“Taking a rigorous and consistent approach to those offenders who fail to answer bail plays an important role in the effective administration of justice.”
Anthony Edwards, Council member and criminal law specialist said: “The Council has considered the balance of community and custodial sentences carefully and believes that this guideline provides the basis for consistent and appropriate sentencing.
“In all circumstances where community orders can be imposed we have identified for sentencers the particular usefulness of a curfew requirement.
“Curfew orders restrict opportunities for re-offending and enhance the prospects of defendants attending court as required in the future. They can also help by imposing order on an offender whose chaotic lifestyle may have been a factor in their offending.”
Notes to Editors:
The definitive guideline is available on the SGC website (www.sentencing-guidelines.gov.uk) along with:
• a summary of consultation responses to the Council.
Printed copies may be obtained from: the Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE.
About the Council
The Sentencing Guidelines Council (SGC) was set up in 2004 in order to frame guidelines to assist courts in England and Wales dealing with criminal cases.
Created by statute, the SGC and the Sentencing Advisory Panel are independent non-departmental public bodies sponsored by the Home Office and the Ministry of Justice. They share a joint Secretariat.
The Council is chaired by the Lord Chief Justice, Lord Phillips of Worth Matravers, with seven other members from the judiciary and four members who between them bring experience of policing, criminal prosecution, criminal defence, and the interests of victims of crime. Judicial members are appointed by the Lord Chief Justice: non-judicial members by the Justice Secretary.
The other members of the Council are: Sir Igor Judge (Deputy Chairman); Lord Justice David Latham; Mr Justice Christopher Pitchford; HH Judge Peter Beaumont; HH Judge Michael Mettyear; Judge Timothy Workman; Malathy Sitaram JP; Anthony Edwards (Solicitor); Sir Ken Macdonald QC (Director of Public Prosecutions); Chief Constable Peter Neyroud; and Teresa Reynolds (interests of victims).
Meetings of the Council are also attended by Christine Stewart, the Director of Offender, Law and Sentencing Policy in the National Offender Management Service, and by the Chairman of the Sentencing Advisory Panel, Professor Andrew Ashworth.
The Sentencing Advisory Panel
The Sentencing Advisory Panel is an independent advisory and consultative body created in 1999. It is now constituted under section 169 of the Criminal Justice Act 2003 which also established the Sentencing Guidelines Council to take responsibility for issuing sentencing guidelines.
The Panel submits its advice to the Sentencing Guidelines Council. The Panel offers advice on general sentencing principles, sentencing of specific offences as well as allocation (the choice of court venue – magistrates’ court or the Crown Court).
Chaired by Professor Andrew Ashworth the Panel has 14 members. Details of current membership can be found at: www.sentencing-guidelines.gov.uk/about/sap/index.html
Someone who jumps bail for the first time and causes significant delay or interference with the progress of the case could face a sentence of up to 40 weeks in the Crown Court or 10 weeks in a magistrates' court. Repeat offenders are likely to get tougher sentences than first offenders. Those who deliberately fail to surrender will face a starting point of 14 days custody, and the sentence will increase as delay or interference becomes more substantial.
The guideline makes clear that any sentence passed should be additional to the sentence imposed for the original offence for which bail was given.
The Sentencing Guidelines Council has sent a strong message that bail offenders have a major impact on the effective working of the judicial system and should be treated rigorously and sentenced as soon as practicable.
Sentencers are advised that they should consider the harm caused to victims and witnesses and the waste of police and court resources in reaching their decision.
In cases where community orders rather than custodial sentences are suitable, sentencers are advised that a curfew requirement supported by electronic tagging “may be a particularly appropriate part of such an order”
Sir Igor Judge, Deputy Chairman of the Council, said; “Bail Act offences are committed in significant numbers each year and are a major cause of disruption, delay and unnecessary cost.
“When a defendant fails to appear in court it causes distress to victims and witnesses and undermines confidence in the criminal justice system.
“Taking a rigorous and consistent approach to those offenders who fail to answer bail plays an important role in the effective administration of justice.”
Anthony Edwards, Council member and criminal law specialist said: “The Council has considered the balance of community and custodial sentences carefully and believes that this guideline provides the basis for consistent and appropriate sentencing.
“In all circumstances where community orders can be imposed we have identified for sentencers the particular usefulness of a curfew requirement.
“Curfew orders restrict opportunities for re-offending and enhance the prospects of defendants attending court as required in the future. They can also help by imposing order on an offender whose chaotic lifestyle may have been a factor in their offending.”
Notes to Editors:
The definitive guideline is available on the SGC website (www.sentencing-guidelines.gov.uk) along with:
• a summary of consultation responses to the Council.
Printed copies may be obtained from: the Sentencing Guidelines Secretariat, 4th Floor, 8-10 Great George Street, London SW1P 3AE.
About the Council
The Sentencing Guidelines Council (SGC) was set up in 2004 in order to frame guidelines to assist courts in England and Wales dealing with criminal cases.
Created by statute, the SGC and the Sentencing Advisory Panel are independent non-departmental public bodies sponsored by the Home Office and the Ministry of Justice. They share a joint Secretariat.
The Council is chaired by the Lord Chief Justice, Lord Phillips of Worth Matravers, with seven other members from the judiciary and four members who between them bring experience of policing, criminal prosecution, criminal defence, and the interests of victims of crime. Judicial members are appointed by the Lord Chief Justice: non-judicial members by the Justice Secretary.
The other members of the Council are: Sir Igor Judge (Deputy Chairman); Lord Justice David Latham; Mr Justice Christopher Pitchford; HH Judge Peter Beaumont; HH Judge Michael Mettyear; Judge Timothy Workman; Malathy Sitaram JP; Anthony Edwards (Solicitor); Sir Ken Macdonald QC (Director of Public Prosecutions); Chief Constable Peter Neyroud; and Teresa Reynolds (interests of victims).
Meetings of the Council are also attended by Christine Stewart, the Director of Offender, Law and Sentencing Policy in the National Offender Management Service, and by the Chairman of the Sentencing Advisory Panel, Professor Andrew Ashworth.
The Sentencing Advisory Panel
The Sentencing Advisory Panel is an independent advisory and consultative body created in 1999. It is now constituted under section 169 of the Criminal Justice Act 2003 which also established the Sentencing Guidelines Council to take responsibility for issuing sentencing guidelines.
The Panel submits its advice to the Sentencing Guidelines Council. The Panel offers advice on general sentencing principles, sentencing of specific offences as well as allocation (the choice of court venue – magistrates’ court or the Crown Court).
Chaired by Professor Andrew Ashworth the Panel has 14 members. Details of current membership can be found at: www.sentencing-guidelines.gov.uk/about/sap/index.html
