The Sentencing Advisory Panel has today published its advice to the Court of Appeal on the use of extended sentences under section 85 of the Powers of Criminal Courts (Sentencing) Act 2000. This provides for additional supervision, after their release from custody, of sexual and violent offenders who are highly likely to reoffend.

The Court of Appeal has already adopted the Panel's proposal, in a guideline judgment dated 24 October 2001. Following the Panel's advice, the guidance begins with a general overview of the powers available to sentencers for dealing with violent or sexual offenders. These include longer than commensurate sentences, which involve a longer than normal period in custody, as well as extended sentences, in which the period of supervision under licence is longer than normal.

The types of cases in which an extended sentence will be the most appropriate option include sex offences where the offender is at high risk of reoffending, but where the nature of the offence does not in itself justify a long custodial sentence. The objective here would be to assist the offender's rehabilitation, for example by enabling him to attend an appropriate treatment programme. At the other end of the scale, both a longer than normal custodial term and an extended period of licence might well be justified in cases involving serious violent offenders who represent a continuing danger to the public.

The Chairman of the Panel, Professor Martin Wasik, said:

'Once we started work on this topic it quickly became clear that the legislation on the courts' enhanced sentencing powers was extremely complex. I am therefore pleased that the Court of Appeal has made use of the Panel's proposals, and I hope the guidance will encourage the effective and more consistent use of extended sentences.'

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 Lord Chancellor's Department. 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. The Court of Appeal issues sentencing guidelines for the criminal courts. The Crime and Disorder Act placed a new duty on the Court to consider framing or revising guidelines whenever it is considering an appeal against sentence.

3. The Sentencing Advisory Panel published its second annual report to the Home Secretary and the Lord Chancellor, covering the year 2000 /2001, on 21 June 2001. In the course of that year the Panel published proposals that the Court of Appeal should frame sentencing guidelines on:

• Possession of offensive weapons (published 22 May 2000)
• Importation and possession of opium (published 14 June 2000 and adopted by the Court of Appeal in R v Mashaollahi [2001] 1 Cr App R (S) 96
• Racially aggravated offences (published 29 August 2000 and adopted by the Court of Appeal in R v Kelly and Donnelly (6 February 2001))
• Handling stolen goods (published 13 March 2001 and adopted by the Court of Appeal in R v Webbe and others (2 May 2001))

4. More recently, the Panel has completed a consultation exercise on the sentencing of domestic burglary, and has issued a consultation paper and commissioned public opinion research on sentencing in rape.

5. On 10 April 2001, the Court of Appeal notified the Panel of its intention to issue guidance on the use of extended sentences and asked for the Panel's advice, in particular on the circumstances in which it would be appropriate to impose an extended sentence, and the length of sentences which will be appropriate in those circumstances.

6. The Panel submitted its proposal to the Court of Appeal on 28 September, and the Court issued guidance based on the proposal in the case of Nelson on 24 October.

7. Copies of the new proposal to the Court of Appeal may be obtained from: Gareth Sweny, Sentencing Advisory Panel, Room 4.71, 50 Queen Anne's Gate, London SW1H 9AT (telephone 020 7273 3046; e-mail sap-secretariat@beeb.net). The proposal is also available on the Panel's website: http://www.sentencing-advisory-panel.gov.uk