WIREDGOV

The first review of magistrates’ court sentencing guidelines in four years has today been published by the Sentencing Guidelines Council for consultation.

Since October 2003 when the last edition of guidelines was developed there have been significant changes to the sentencing framework, including the implementation of the Criminal Justice Act 2003 and the development of guidelines by the Council.

The revised guidelines deal with a greater number of offences and provide more detailed advice on a range of issues such as compensation for personal injury, loss or damage suffered by victims, sentencing for road traffic offences, and the range and availability of ancillary orders.

Their format has been brought into line with other guidelines issued by the Council and includes both starting points and ranges into which sentences should usually fall.  The revised guidelines have been developed following advice from the Sentencing Advisory Panel which consulted widely and commissioned research on the subject.

A key issue in the review has been the calculation of fines which is dealt with in some detail in the consultation guidelines.

The Council proposes following the current approach of linking the starting point for a fine to a proportion of the offender’s income.  Greater guidance is provided on difficult issues such as the approach to offenders on low income (including state benefits) and the situation where there is insufficient reliable information about an offender’s means.  Existing guidelines have not dealt with these matters in detail and consequently different approaches have been adopted in different areas.

Guidance is also included about the approach to offences committed for commercial purposes and sentencers are advised to take into account the sums taxi-touts, illegal fly tippers and other commercially motivated offenders have made from their illegal activity in setting their fines.

Council member Judge Tim Workman said:  “There have been very major changes since October 2003 when the last guidelines were published.

Our aim is to enhance consistency of sentencing through clear, user-friendly advice.  Magistrates, district judges and justices’ clerks have all played a significant role in helping develop guidelines that meet this objective.”

Fellow Council member Sir Christopher Pitchford said: “The revised guidelines will apply both to sentences imposed in a magistrates’ court and to decisions about mode of trial.  They will also be relevant to the Crown Court in some circumstances.

"The Council recognises that training will be critical to the implementation of the revised guidelines.  Once definitive guidelines are published by the Council, there will be a period of some months before they are implemented to allow sufficient time for training to be delivered.”

Cindy Barnett, chairman of the Magistrates’ Association and a member of the advisory group appointed by the Panel to assist with the review, said:  “The Magistrates’ Association has been closely involved with the development of these guidelines; every one of the numerous comments sent in by magistrates (and others) has been scrutinised and the work is nearing completion.

“There have been some real changes but we believe the new guidelines will be broadly welcomed by our members.”

As part of the normal consultation process, the SGC has sent copies of the consultation guidelines to the Lord Chancellor and Secretary of State for Justice, the Home Secretary and the Attorney-General, as well as to the Justice Select Committee and party leaders in the House of Lords.

The views of additional consultees are being sought in relation to the approach to the calculation of fines; full details are provided in a separate background document to support the consultation process.

The consultation closes on Wednesday 6 February 2008.

Notes to editors

The consultation guideline is available on the SGC website (www.sentencing-guidelines.gov.uk) along with:

•  a copy of a covering letter being sent to consultees;
•  a background note and questions for consultees regarding the approach to the assessment of fines;
•  advice to the Council from the Sentencing Advisory Panel; and

   the report of research commissioned by the Panel into the approach to the assessment of fines.

  Printed copies may be obtained from: the Sentencing Guidelines Secretariat , 4^th Floor,

  8-10 Great George Street, London SW1P 3AE