Prior to the Sentencing Guidelines Council being set up, it was the responsibility of the Court of Appeal to issue sentencing guidelines. The Panel would submit its advice to the Court who would then issue guidelines when a suitable case came to Court.
The advice given by the Panel was influential – the Court of Appeal based many of its guidelines on Panel advice.
See the list of Court of Appeal guidelines which the Panel directly influenced
in the table below or find out more about Court
of Appeal guidelines.
Alcohol and tobacco smuggling
Revised sentencing guidelines for this offence, based on the Panel’s
advice, issued by the Court in Czyzewski and others [2004] 1 Cr App R
on 16 July 2003.
Causing death by dangerous driving
The Panel’s advice adopted by the Court in Cooksley and others [2004] 1 Cr App R, issued on 3 April 2003. The guidelines differed from the
Panel’s advice in only one significant respect: they had four starting
points instead of three, because the Court had considered the Panel’s
bracket of 2-5 years for higher culpability cases to be ‘too wide’.
Offences involving child pornography
Sentencing guidelines for these offences, based on the Panel's proposals,
issued by the Court on 21 November 2002 in Oliver and others [2003] 2 Cr App R.
Rape
The Panel's advice adopted by the Court in its revised sentencing guidelines
for this offence, issued on 9 December 2002 in Millberry and others [2003] 2 Cr App R. The Court agreed with the Panel's view that sentencers
should apply the same starting point for relationship rape and acquaintance
rape as for stranger rape.
Domestic burglary
Revised sentencing guidelines for this offence issued by the Court in McInerney
and Keating [2003] 2 Cr App R on 9 December 2002. The Court accepted
the Panel's aggravating and mitigating factors and some of the starting
points, but gave greater emphasis to community sentences in less serious
cases.
Minimum terms in murder cases
A practice statement on life sentences issued by the Lord Chief Justice
[2003] 1 Cr App R, based substantially on the Panel's advice.
Extended sentences
The Panel's advice adopted by the Court in Nelson [2002] 1 Cr App R , where sentencing guidelines were issued.
Handling stolen goods
Sentencing guidelines for this offence issued by the Court in Webbe
and others [2002] 1 Cr App R, based substantially on the Panel's
advice. In that case Lord Justice Rose said that "this Court is greatly
indebted to the Sentencing Advisory Panel for the advice which they have
tendered”.
Racially aggravated offences
The Panel's advice adopted by the Court in Kelly and Donnelly [2001] 2 Cr App R . Lord Justice Rose said that the Court had found the
Panel's advice "extremely helpful", adopted its general approach
(which built on Saunders [2001] 1 Cr App R (S) 458), and adopted all the
aggravating and mitigating factors proposed by the Panel.
Importation and Possession of Opium
Sentencing guidelines issued in Mashaollahi [2001] 1 Cr App R (S)
330. In the Court of Appeal Rougier J acknowledged the Court's indebtedness
to the Panel for its work. The Panel's advice substantially adopted.
Offensive Weapons Offences
Sentencing guidelines issued in Poulton and Celaire [2001 1 Cr App R, based on the Panel's proposals.
Environmental Offences
The Court of Appeal considered the Panel's advice in Milford Haven
Port Authority ('The Sea Empress') [2000] 2 Cr App R (S) 423, but decided
not to issue sentencing guidelines for environmental offences on that occasion.
