Sentencing Advisory Panel Publication Scheme

Role of the SAP | Freedom of Information | Publication Scheme
Publication Charges | Crown Copyright
Complaints | Information Available

Role of the Sentencing Advisory Panel

The Sentencing Advisory Panel is an independent public body established by Parliament as part of the process of encouraging consistency in sentencing throughout the courts of England and Wales. It was originally constituted under the Crime and Disorder Act 1998, which required the Panel to provide advice direct to the Court of Appeal. The Panel has been meeting regularly since 1 July 1999

The Criminal Justice Act 2003 established the Sentencing Guidelines Council to take responsibility for issuing sentencing guidelines. The Council must seek the advice of the Panel before issuing new sentencing guidelines. The Panel itself has the autonomy to propose that the Council should issue or revise guidelines.

The Panel consults with various other organisations before it communicates its advice on sentencing guidelines to the Council, commissions its own objective research and reports annually. The Panel's 14 members have been appointed by the Lord Chancellor after consultation with the Lord Chief Justice and Home Secretary. As well as those with experience of passing sentence, Panel members include those from a wide variety of backgrounds outside the criminal justice system and those with experience of policing, prosecution of criminal offences and the probation and prison services. Members must follow the Code of Practice for Members of the Sentencing Advisory Panel.

The Panel commissions its own objective research
Its research papers include surveys of public opinion on particularly sensitive issues.

The Panel issues consultation papers
The consultation process must involve those organisations, ranging across the criminal justice system and beyond, identified by the Council. A full list of those consulted on each topic can be found at the back of the advice paper published by the Panel. Comments from the general public are also welcomed.

The Panel gives advice to the Sentencing Guidelines Council
Its remit extends from seriousness of offence to choice of sentence (fine/community sentence/prison) as well as level, cost and effectiveness of sentence.

The Panel used to publish an Annual Report
With effect from 2005, it will publish a report jointly with the Council, covering the work of both bodies. The report is addressed to the Lord Chancellor and the Home Secretary.

The Sentencing Advisory Panel is an Advisory Non-Departmental Public Body (NDPB).

Freedom of Information 2000 - Introduction

The Freedom of Information (FOI) Act 2000 (the Act) received Royal Assent on 30 November 2000.

It establishes a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities.

The Act came into force on 1 January 2005. As a result, if you ask for information from the Sentencing Advisory Panel, you will be entitled (unless it comes under one of the specific exemptions in the Act):

a) to be informed in writing by the Panel whether it holds information of the description specified in your request; and

b) if that is the case, to have that information communicated to you

The Act provides for a time limit of 20 days for dealing with a request for information. The Act also provides for an appeal mechanism that means that you may apply to the Information Commissioner for a decision on whether we dealt with your request in accordance with the Act.

The Commissioner’s address is:

The Office of Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

www.informationcommissioner.gov.uk

Publication Scheme - Introduction

The aim of this Publication Scheme is to explain what information the Sentencing Advisory Panel (SAP) makes available to the public. Under the Act public authorities have a duty to specify what classes of information they publish, how the information is made available and whether it is available free of charge or upon payment. In this context, “publish” simply means, “to make publicly available” in whatever format the information exists (for example as an electronic document, printed book, video or leaflet).

Exemptions

Some information held by public bodies is regarded as exempt information under Part ll of the FOIA. There are 24 such exemptions and they can be applied to information held for a variety of purposes. The exemptions include material related to national security, law enforcement, formulation of government policy, information provided in confidence, commercial interests and personal data (individuals already have the right of access to information about themselves under the Data Protection Act 1998). These exemptions have been considered when determining the content of our Publication Scheme.

Responsibility for the Sentencing Advisory Panel Publication Scheme

The Sentencing Advisory Panel is supported by a Secretariat. The Head of the Secretariat is Kevin McCormac who has overall responsibility for the scheme.

The person responsible for maintaining the Publication Scheme on a daily basis is:

Lesley Dix,
Secretary to the Panel
4th Floor, 8-10 Great George Street
London
SWP 3AE

Telephone: 020 7084 8130
Fax: 020 7084 8114
E-mail: info@sentencing-guidelines.gsi.gov.uk

Charging for Publication Scheme items

Information on the Internet

Information is free of charge on the website (i.e. there is no charge by us, although the user would of course have to meet any charges by their Internet Service Provider, personal printing costs, etc).

Information in hard copy

For those without Internet access, a single print-out from the website page(s) will be available by post by contacting the address given above; if a charge applies you will be informed. Requests for multiple print-outs or for archived copies of documents which are no longer available on the web, may attract a charge for the cost of retrieval, photocopying, postage etc. You will be informed of this at the time of your request. The charge will be payable in advance.

Information can be viewed in hard copy, (the address of the building will be given where this is applicable along with any administration charges) but a charge may be made for photocopies. If a charge is applicable it will be specified at the time of request and will be payable in advance of the information being provided.

“Glossy” or other bound paper copies may involve a charge. This again will be specified at the time of request.

Crown Copyright

Material featured in this Publication Scheme is subject to Crown copyright protection unless otherwise indicated. The Crown copyright protected material may be reproduced free of charge in any format or media without requiring specific permissions. This is subject to the material being reproduced accurately and not being used in a derogatory manner or in a misleading context. Where the material is being published or issued to others, the source and copyright status must be acknowledged.

The permission to reproduce Crown copyright protected material does not extend to any material on this site that is identified as being the copyright of a third party. Authorisation to reproduce such material must be obtained from the copyright holders concerned.

Material marked with an * falls within the ‘value added’ category of Crown copyright. If you wish to re-use a document classed as value added, please apply for a Click-Use licence for value added material at www.opsi.gov.uk/click-use/system/online/pLogin/asp.

Alternatively, you may write to:

Office of Public Sector Information
Information Policy Team
St. Clement’s House
2-16 Colegate
Norwich
NR31 BQ

For further information on Crown copyright policy and on the licensing of Crown copyright, see ‘HMSO Guidance Notes – Publishing and Copyright’
issued by HMSO and the Queen’s Printer for Scotland.

Tell us what you think

This Publication Scheme is intended to help you find Sentencing Advisory Panel information easily and quickly and to improve the flow of information into the public domain. We want to improve our service to you and we would, therefore, welcome any comment or suggestions that you may have about how we could improve the scheme. We are committed to reviewing the scheme and your feedback will help. Please write to Lesley Dix at the following address:

Lesley Dix,
Secretary to the Panel
4th Floor, 8-10 Great George Street
London
SWP 3AE

Telephone: 020 7084 8130
Fax: 020 7084 8114
E-mail: info@sentencing-guidelines.gsi.gov.uk

Complaints

If you have a complaint about the operation of this Publication Scheme or how the Sentencing Advisory Panel has dealt with a request for information, please write to:

Head of the Secretariat,
4th Floor, 8-10 Great George Street
London
SWP 3AE

Telephone: 020 7084 8130
Fax: 020 7084 8114
E-mail: info@sentencing-guidelines.gsi.gov.uk

Information Available

This publication scheme aims to make as much Sentencing Advisory Panel information as possible readily accessible to the public, on a continuous basis.
The classes are as follows:

General Information about the Sentencing Advisory Panel
Code of Practice
Press Notices
Research Reports
Consultation Papers
Advice to the Court of Appeal/Sentencing Guidelines Council
Annual Reports

Under each class can be found:

a brief description of the information available within the class;
the format in which the information is made available (for example, website, by e-mail, or by post). [Use the menus, search function and subject navigation on the website to find the relevant document];
whether the class contains chargeable information (indicated by “£”);
whether the class is ‘value added’.

Unless specifically stated, the address for all postal requests is

Sentencing Guidelines Secretariat
4th floor, 8-10 Great George Street
London
SW1P 3AE

Class 1:	General information about Sentencing Advisory Panel
Description: Format available: Chargeable:	Role of SAP & who Panel members are website at www.sentencing-guidelines.gov.uk Free of charge on website

Class 2:	Code of Practice
Description: Format available: Chargeable:	Guidelines to Panel members regarding standards & values & specific role of members. website at www.sentencing-guidelines.gov.uk & hard copy Free of charge on website, free of charge hard copy

Class 3:	Press Notices
Description: Format available: Chargeable:	Press Notices since 1999 website at www.sentencing-guidelines.gov.uk &/or hard copy Free of charge on website, free of charge hard copy

Class 4:	*Research Reports (including executive summaries)
Description: Format available: Chargeable:	Research reports commissioned by SAP including surveys of public opinion. website at www.sentencing-guidelines.gov.uk & hard copy Free of charge on website, free of charge hard copy

Class 5:	Consultation papers
Description: Format available: Chargeable:	Consultation papers setting out the Panel’s provisional views, inviting comment from the general public & interested organisations. website at www.sentencing-guidelines.gov.uk & hard copy Free of charge on website, free of charge hard copy

Class 6:

*Advice to the Court of Appeal/Sentencing Guidelines Council

Description:

Format available:
Chargeable:

The Panel uses its consultation papers and research reports to give advice to the Court of Appeal (to end of 2003) or to the Sentencing Guidelines Council (from 2004). Its remit extends from seriousness of offence to choice, level, cost & effectiveness of sentence.
website at www.sentencing-guidelines.gov.uk & hard copy
Free of charge on website (documents are listed by date with a brief description), free of charge hard copy.

Class 7:

Annual Reports

Description:

Format available:
Chargeable:

Each year until 2003 the Panel sent an Annual Report to the Lord Chancellor and the Home Secretary. A summary of each of these reports is also available. In January 2004, the Panel sent the Lord Chancellor and the Home Secretary a summary of its work. From 2005 onwards, the Panel and the Council will publish a joint Annual Report covering the work of both bodies.
website at www.sentencing-guidelines.gov.uk & hard copy
Free of charge on website, free of charge (single) hard copy.

* These documents are ‘value added