Closed consultations

Further information

These consultations are now closed.

Some of the documents below are in Adobe PDF format. To view them, you may first need to download a free copy of the Adobe Acrobat reader.

Closed Consultations
Date	Description
8 July 2008	Consultation paper on overarching principles of sentencing On Tuesday 8 July 2008 the Sentencing Advisory Panel issued a consultation paper on overarching principles of sentencing. The Panel has been asked by the Sentencing Guidelines Council to review the definitive guidelines Overarching Principles: Seriousness and New Sentences: Criminal Justice Act 2003. Consultation paper on overarching principles of sentencing Overarching principles of sentencing – correction notice
15 November 2007	Consultation paper on sentencing for corporate manslaughter On 15 November 2007 the Sentencing Advisory Panel issued a consultation paper on the sentencing for the offence of corporate manslaughter. This new offence was created by the Corporate Manslaughter and Corporate Homicide Act 2007, which is due to come into force on 6 April 2008. Consultation paper on sentencing for corporate manslaughter
16 August 2007	Consultation paper on sentencing for fraud offences The Sentencing Advisory Panel has been asked by the Sentencing Guidelines Council to produce advice on sentencing for all offences of theft and dishonesty. This is the third in a series of consultations on such offences; the Panel consulted on sentencing for theft from a shop and theft and dishonesty offences in the latter half of 2006. Consultation paper on sentencing for fraud offences
16 August 2007	Consultation paper on breach of an Anti-social Behaviour Order (ASBO) On Thursday 16 August 2007, the Panel issued a consultation paper on the sentencing for breach of an Anti-social Behaviour Order (ASBO). The number of ASBOs has increased considerably since the order first became available in 1999, and the courts now regularly face the task of sentencing an offender for breach. Consultation paper on breach of an Anti-social Behaviour Order
8 February 2007	Consultation paper on Revised Magistrates' Court Sentencing Guidelines On Thursday 8 February 2007, the Sentencing Advisory Panel has published a consultation paper on revised Magistrates' Court Sentencing Guidelines. The current edition was published by the Magistrates' Association in October 2003 and was effective from 1 January 2004. There have been many changes to the sentencing framework since that time, including the implementation of the Criminal Justice Act 2003 and the development of guidelines by the Sentencing Guidelines Council. It is therefore timely to review and update the guidelines. Responses are requested by 3 May 2007. Consultation paper on Revised Magistrates' Court Sentencing Guidelines (file size: 491kb)
8 February 2007	Consultation paper on Offences Taken into Consideration On Thursday 8 February 2007, the Sentencing Advisory Panel published a consultation paper on the impact that offences taken into consideration (TICs) should have on sentence for the offence(s) of which an offender has been convicted. This is an issue with which courts have to deal on a regular basis; large numbers of offences are likely to be TIC in connection with low level crimes that are tried in a magistrates' court, where the limited sentencing powers raise a particular issue. Consistency in approach, both in magistrates' courts and in the Crown Court, is key to encouraging offenders to admit TICs and in reassuring the public that offenders will be brought to justice and sentenced appropriately for the totality of crimes they commit. Consultation paper on Offences Taken Into Consideration (file size: 128kb)
25 January 2007	Consultation paper on causing death by driving offences On Thursday 25 January 2007 the Panel issued a consultation paper on sentencing for a range of death by dangerous driving offences. Results of an independent public opinion survey investigating public attitudes to sentences in death by driving cases will be considered carefully alongside the written responses and used to inform the Panel's advice to the Sentencing Guidelines Council. The Panel submitted earlier advice on sentencing for the offence of causing death by dangerous driving to the Court of Appeal in 2003 and this has since been used to guide sentencing for that offence and also for the offence of causing death by careless driving when under the influence of drink or drugs. However, the maximum sentence for both offences has now been increased from 10 to 14 years' imprisonment and these guidelines need revision. In addition, the Road Safety Act 2006 creates two completely new offences - causing death by careless or inconsiderate driving (maximum penalty 5 years' imprisonment) and causing death by driving: unlicensed, disqualified or uninsured driver (maximum penalty 2 years' imprisonment)." Consultation paper on causing death by driving offences (file size: 291kb)
1 November 2006	Consultation paper on theft and dishonesty This is the second paper published by the Panel concerning theft and dishonesty offences. The first, published on 24 August 2006, addressed the offence of theft from a shop. This paper deals with the following offences: theft in breach of trust theft from the person theft in a dwelling burglary in a building other than a dwelling making off without payment abstracting electricity Consultation Paper (file size: 348kb)
24 August 2006	Consultation paper and research report on theft from a shop The Sentencing Advisory Panel has been asked by the Sentencing Guidelines Council to produce advice on sentencing for all offences of theft and dishonesty. The Panel decided that it would be appropriate to consult separately on the offence of theft from a shop as this is the largest category of prosecuted theft cases and is sentenced in greater numbers than any other either way offence. This consultation paper therefore deals solely with theft from a shop; consultation on the remaining offences of theft and other offences of dishonesty will follow. The consultation paper is supported by external research that was commissioned by the Panel to identify the factors that are likely to influence sentence. Consultation Paper (file size: 319kb) Research Report (file size: 358kb) Press Notice (file size: 43kb)
31 May 2006	Consultation paper - revision of guideline on the reduction of a sentence for a guilty plea In December 2004, the Sentencing Guidelines Council published a definitive guideline on the reduction in sentence for a guilty plea effective in respect of all cases sentenced on or after 10 January 2005. By virtue of section 170(4) of the Criminal Justice Act 2003, the Council is obliged to consider, from time to time, whether to revise such guidelines. The Council undertook this revision on the 5th May 2006 and has determined that there are a number of issues not presently covered in the guideline that should be considered for inclusion and a number of issues that are covered in the guideline on which differing views have been expressed. The Council considered that a review would be timely and has notified the Sentencing Advisory Panel in accordance with section 171(1) of the 2003 Act. Chairman's covering letter (file size: 25kb) Consultation paper - revision of guideline on the reduction of a sentence for a guilty plea (file size: 57kb)
27 January 2006	Consultation paper on Bail Act Offences The Sentencing Advisory Panel issued a consultation paper on sentencing for offences of failing to surrender to bail, contrary to section 6 (1) and section 6 (2) of the Bail Act 1976. Consultation on Bail Act Offences (file size: 145kb) Annexed Tables (file size: 189kb)
30 September 2005	Custody plus and allocation The Panel hosted a series of seminars at the end of September 2005 to consider certain provisions in the Criminal Justice Act 2003 (those relating to the custody plus order, the increased sentencing powers of magistrates and the allocation of cases for trial) that are expected to be implemented next year Custody Plus Discussion Paper (file size: 201kb) Custody Plus Annex A for Seminars - in Excel format (file size: 63kb) Custody Plus Annex B for Seminars - in Excel format (file size: 249kb) Custody Plus Discussion Paper Annex C - in Excel format (file size: 53kb) Allocation Guidelines Discussion Paper (file size: 221kb) Allocation Annex B - in Excel format (file size: 249kb)
1 September 2005	Assaults and other offences against the person The Sentencing Advisory Panel has issued a consultation paper on the sentencing of cases involving assaults and other offences against the person. The Panel's consultation covers offences that come before the courts in large numbers (such as common assault and actual bodily harm) and those that result in significant custodial sentences (such as attempted murder and wounding with intent to cause grievous bodily harm) and for which consistent sentencing guidelines are needed. The consultation also includes the offence of cruelty to a child. Consultation Paper (file size: 468kb) Annexed Tables - in Excel format (file size: 74kb)
8 March 2005	Recommendations for deportation Note: The UK Borders Bill received Royal Assent on 30 October 2007 and is likely to be implemented in 2008. While the current power for courts to make recommendations for deportation has not been repealed, the expectation is that it will rarely need to be exercised given the large number of offences covered by automatic deportation provisions in the legislation. In the light of this development, the Council has decided not to develop a guideline on this topic. The Sentencing Advisory Panel has issued a consultation paper which considers the circumstances in which a court should make a recommendation for deportation following a conviction for a criminal offence. It does not deal with recommendations for the removal of illegal immigrants. Issues raised in the paper include what makes an offence serious enough for a recommendation for deportation to be considered and whether certain offences should automatically attract a recommendation. Consultation
19 July 2004	Domestic Violence The Sentencing Advisory Panel has issued a consultation paper which looks at some of the complex issues that face sentencers when dealing with offences that have been committed in a domestic context. It is published at a time when effort is being made by all local and national agencies such as the police, CPS and courts to take the issue of domestic violence seriously and ensure that perpetrators are brought to justice. There are two central issues for sentencers when dealing with domestic violence cases: The first is whether the domestic context makes an offence of violence more serious. The second is whether a different approach is justified in these cases. The paper also looks at how best to deal with breach of protective orders. Domestic Violence Consultation, PDF format (file size: 458kb)
22 April 2004	Sexual offences 2 The Sentencing Advisory Panel has issued a consultation paper looking at 12 offences contained in the Sexual Offences Act 2003. Its previous consultation paper, published on 12 February, dealt with 42 of the 54 offences contained in the Act. The remaining 12 offences, which relate to trafficking for sexual exploitation and exploitation through prostitution and pornography, are the subject of this second consultation paper. As in Paper 1, the Panel has sought to structure its proposed sentencing guidelines in a way that links custodial and non-custodial sentences to the seriousness of the offending behaviour. Sexual Offences 2 Consultation, PDF format (file size: 215kb)
11 March 2004	Manslaughter by provocation The Sentencing Advisory Panel has issued a consultation paper looking at sentencing where provocation reduces a charge of murder to a conviction for manslaughter, particularly where the offence arises in a domestic context. The consultation comes at a time when the substantive law of partial and complete defences to murder is also under review and when domestic violence and the effect and consequences that it holds for both victims and offenders is being publicly debated and considered. The Panel has identified elements to be considered and balanced by the sentencer and how they and their impact vary between cases committed in domestic and non-domestic circumstances. Manslaughter by Provocation Consultation, PDF format (file size: 144kb)
12 February 2004	Sexual Offences The Sentencing Advisory Panel intends to propose comprehensive sentencing guidelines for all of the offences in Part 1 of the Sexual Offences Act 2003, which is expected to come into force in May 2004. The paper sets out some general principles on the sentencing of sexual offences and gives more detailed consideration to some of the specific issues relating to various types of offending behaviour. The Panel asks a number of questions about the relative seriousness of different sexual offences and the appropriate starting points for sentencing. Sexual Offences Consultation, PDF format (file size: 358kb)