The development of sentencing guidelines follows a process which is outlined below:
Step 1
The Sentencing Guidelines Council decides to consider a particular topic for
a guideline. The Council may have decided on the topic themselves or it may
have been suggested by the Sentencing Advisory Panel or the Home Secretary.
Step 2
The Council then commissions the Sentencing Advisory Panel to provide advice
on the topic.
Step 3
The Sentencing Advisory Panel consults statutory consultees and the wider public as part of their research process. The consultation paper is published, and made available on this website. The normal approach is to seek written submissions, allowing 12 weeks for responses.
Step 4
The Panel considers the responses.
Step 5
The Panel submits its advice to the Council.
Step 6
The Council forms a preliminary view and issues a draft guideline to the Home Secretary, Parliament and any other party the Council sees fit. The draft guideline and the Panel's advice to the Council are published simultaneously.
Step 7
Council allows up to two months to receive comments on the draft guideline
and then issues a definitive final
guideline which is binding on all courts in England and Wales.
Step 8
The Sentencing Guidelines Council then keeps the guidelines under review so
that they can be amended and developed as required.
The current work programme can be viewed here
