The Sentencing Advisory Panel has today issued another in its series of consultation papers on important issues about sentencing in criminal cases.

This paper looks at the reduction given to defendants who plead guilty.

For many years it has been the practice of Courts to encourage guilty pleas as early as possible by reducing the sentence that would otherwise have been imposed.

The Panel asks a number of questions about why this happens, when a reduction should be given and how much it should be and wants to hear as many views as possible.

This is an important issue of general sentencing principle – for the first time this consultation makes use of the new powers in the Criminal Justice Bill to prepare sentencing guidelines on general sentencing issues.

Views are asked for on:

Is it right that the reason for any reduction is because it speeds up the court process and saves witnesses and victims from having to give evidence?

Should the reduction always be a proportion of the sentence (e.g. one third) or should there be an upper limit (e.g. so that you would never get more than, say, 2 years off a custodial sentence even if it was 10 or 12 years or more?

Should you get less of a reduction the later the guilty plea is entered?

Responses to the consultation paper should be received by Friday 6th February 2004.

Notes for editors

1. The Sentencing Advisory Panel is an independent advisory and consultative body constituted under sections 80 and 81 of the Crime and Disorder Act 1998. The Panel is sponsored by the Home Office and the Department for Constitutional Affairs. It started work on 1 July 1999. Its function is to provide fully researched, objective advice to the Court of Appeal to assist the Court when it frames or revises sentencing guidelines.
2. Under the Criminal Justice Bill which is currently before Parliament, a new Sentencing Guidelines Council will be established to take over responsibility for issuing sentencing guidelines. Once the Bill is in force the Sentencing Advisory Panel will submit its advice to the Council rather than to the Court of Appeal. The Panel will be able to offer advice on general sentencing principles as well as specific offences.

3. Section 152 of the Powers of Criminal Courts (Sentencing) Act 2000 is the current statutory provision in relation to reductions in sentences for guilty pleas:“ (1) In determining what sentence to pass on an offender who has pleaded guilty to an offence in proceedings before that or another court, a court shall take into account -(a) the stage in the proceedings for the offence at which the offender indicated his intention to plead guilty; and (b) the circumstances in which this indication was given. (2) If, as a result of taking into account any matter referred to in subsection (1) above, the court imposes a punishment on the offender which is less severe than it would otherwise have imposed, it shall state in open court that it has done so.”

4. Section 152 is re-enacted in almost identical terms in the Criminal Justice Bill, so that it will continue to represent the law under the new sentencing framework.

5. The Panel’s most recent proposal, that the Court of Appeal should frame a sentencing guideline on alcohol and tobacco smuggling, was published on 10th July 2003. The Court of Appeal issued a sentencing guideline, based on the Panel’s advice, in the case of Czyzewski and others on 16th July 2003. In the last year, the Court of Appeal has also made use of the Panel’s advice in guideline judgments on causing death by dangerous driving (in Cooksley and others on 3 April 2003); offences involving child pornography (in Oliver and others, 21 November 2002); on rape (in Millberry and others, 9 December 2002); and on domestic burglary (in McInerney and Keating, 20 December 2002).

6. Copies of the consultation paper may be obtained from: Gareth Sweny, Sentencing Guidelines Secretariat, Room G11, Allington Towers, 19 Allington Street, London SW1E 5EB. The document is also available on the Panel’s website: www.sentencing-advisory-panel.gov.uk

7. For more information, contact Kevin McCormac, Head of the Secretariat on 020 7035 5156.