Public opinion and understanding of sentencing

Justice Committee Closed Inquiry
Opened: 7 Jun 2022 Closed: 30 May 2024 Parliament page
In this inquiry, the Justice Committee will examine the public’s understanding of the current approach to sentencing in England and Wales. It will investigate how the public access information on sentencing and barriers to improving public awareness on how sentencing works. The inquiry will also consider public opinion on sentencing, … Read more
12 Recommendations
19 Conclusions
1 Report
2 Oral sessions
1 Letter
2 Events
Oral evidence sessions 2 sessions
Claire Fielder · Ministry of Justice Lord Justice William Davis · The Sentencing Council Rt Hon Edward Argar MP · Ministry of Justice Steve Wade · Sentencing Council for England and Wales
Bishop James Jones KBE · Independent Commission into the Experience of Victims and Long-term Prisoners Mark Day · Independent Commission into the Experience of Victims and Long-term Prisoners Professor Julian Roberts · Sentencing Academy Professor Mike Hough · School of Law, Birkbeck, University of London
Recommendations & Conclusions
31 results
1 Conclusion
Tenth Report - Public opinion and …
Public lacks understanding of institutional roles and government accountability in sentencing.
Beyond the role of the courts in imposing a sentence, the public does not have a good understanding of the role played by different state institutions in sentencing. That is unsurprising because the role played by government, Parliament, the Sentencing … Read more
Ministry of Justice
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2 Recommendation
Tenth Report - Public opinion and …
Explore simplification of sentencing terminology with the Sentencing Council and judiciary.
We welcome the Sentencing Academy’s work reviewing the terminology of sentencing and we look forward to its findings. We encourage the Government to work with Sentencing Council and the judiciary to explore whether sentencing terminology can be simplified and made … Read more
Ministry of Justice
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3 Conclusion
Tenth Report - Public opinion and …
Public unawareness of sentencing trends undermines informed debate and policy decisions.
It is concerning that much of the public is not aware of recent trends in sentence lengths.It means that the public is not able to consider individual sentences within a wider context. Low levels of understanding of sentencing has an … Read more
Ministry of Justice
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4 Recommendation
Tenth Report - Public opinion and …
Improve public legal education on sentencing through diverse educational programmes and resources.
There needs to be a step-change in the Ministry of Justice, the Attorney General’s Office and the Sentencing Council’s efforts on public legal education. HMCTS should develop a programme which enables secondary school pupils to be able to visit magistrates’ … Read more
Ministry of Justice
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5 Recommendation
Tenth Report - Public opinion and …
Review MoJ sentencing statistical releases for public accessibility, analysis, and relevance.
It is vital that the public has access to current data on sentencing practice so individual cases can be understood in their broader context. The MoJ should review its statistical releases on sentencing to ensure that they are presented in … Read more
Ministry of Justice
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6 Recommendation
Tenth Report - Public opinion and …
Provide independent analysis on sentencing trends to inform public debate and policy.
The Sentencing Council should provide independent and impartial analysis on significant trends in sentencing to inform public debate and government policy.
Ministry of Justice
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7 Conclusion
Tenth Report - Public opinion and …
Significant gap in accessible public information on specific sentencing trends.
There is currently a significant gap in the public information on sentencing. The criminal justice system quarterly statistics provide information on sentencing, but there remains a need for more easily accessible data on sentencing trends, especially on sentencing for specific … Read more
Ministry of Justice
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8 Conclusion
Tenth Report - Public opinion and …
Explore using the Common Platform to produce accessible sentencing data for the public.
The Crown Court Sentencing Survey provided a rich dataset on how sentences are determined. It should be possible to use the Common Platform, the new case information system used in the criminal justice system, to produce a valuable dataset on … Read more
Ministry of Justice
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9 Conclusion
Tenth Report - Public opinion and …
Ensure statutory duty to publish sentencing information in individual courts is fulfilled.
Data on sentencing in individual courts will help the public to understand sentencing trends in their local area and is likely to help to stimulate local media interest and reporting. The Sentencing Council and the Ministry of Justice should work … Read more
Ministry of Justice
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10 Conclusion
Tenth Report - Public opinion and …
Broadcasting of sentencing remarks reinforces need for up-to-date statistical information.
The broadcasting of sentencing remarks represents a potential game-changer for public understanding of sentencing in England and Wales. However, it also reinforces the need for up-to-date statistical information on sentencing practice and trends so that the sentencing remarks that are … Read more
Ministry of Justice
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11 Recommendation
Tenth Report - Public opinion and …
Amend Victims’ Code to provide victims with free access to sentencing remarks.
The current situation where victims have to pay significant sums to receive a transcript of sentencing remarks from the Crown Court is unsustainable. We reiterate our call for all sentencing remarks to be published (subject to the relevant legal restrictions). … Read more
Ministry of Justice
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12 Recommendation
Tenth Report - Public opinion and …
Amend Victims’ Code to ensure tailored information on sentencing and ULS scheme.
The Victims’ Code sets out that victims of crime are entitled to be given information about the outcome of the case and any appeals. The Government should ensure that victims of crime and bereaved families receive tailored information about sentencing … Read more
Ministry of Justice
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13 Recommendation
Tenth Report - Public opinion and …
Provide offenders, including children, with comprehensive information on sentencing and pre-sentence reports.
It is important that offenders understand the sentence they are to serve. Offenders should have ready access to information about the sentencing process, including information about pre-sentence reports at the earliest possible stage. Following sentencing, they should have ready access … Read more
Ministry of Justice
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14 Conclusion
Tenth Report - Public opinion and …
Public opinion research on sentencing requires rigorous, specific methodology to avoid flaws.
Research on the public’s views on sentencing can play a valuable role in the policy process. However, it must be recognised that ascertaining and measuring public opinion is very difficult to do. Unless research is well-designed and methodologically rigorous then … Read more
Ministry of Justice
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15 Recommendation
Tenth Report - Public opinion and …
Adopt structured deliberative engagement exercises to gather public views on sentencing policy.
Given the potential importance of public opinion in influencing sentencing policy, the Government should consider adopting a structured engagement plan to gather information on the public’s views on sentencing. Whilst we recognise the value of public polling exercises, we recommend … Read more
Ministry of Justice
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16 Recommendation
Tenth Report - Public opinion and …
Review statutory purposes of sentencing to emphasise justice for victims and families.
Findings from the Committee’s engagement with the public demonstrate how important it is for the MoJ to undertake more work of this nature and to incorporate findings into its policy development. The Government should review the statutory purposes of sentencing … Read more
Ministry of Justice
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17 Conclusion
Tenth Report - Public opinion and …
Public polling suggests support for increased severity of custodial sentences for specific offences.
Our polling on the public’s view on the appropriate starting points for specific offences suggests that a majority would support increases in the severity of the relevant custodial sentences. This position is also supported by much of the research into … Read more
Ministry of Justice
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18 Conclusion
Tenth Report - Public opinion and …
Current sentencing policy proposals lack independent scrutiny of their impact on prison resources.
Under the Coroners and Justice Act 2009, the Lord Chancellor can refer a government policy proposal, or a government proposal for legislation, to the Sentencing Council for an assessment of the implications for prison resources. In practice, there has only … Read more
Ministry of Justice
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19 Recommendation
Tenth Report - Public opinion and …
Establish an independent advisory panel to review sentencing policy and proportionality.
The MoJ should establish an independent advisory panel on sentencing to consider proposed changes to sentencing policy and to provide advice to ministers. The independent panel should bring together academic experts, the voluntary sector, and, importantly, representatives of victims of … Read more
Ministry of Justice
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20 Conclusion
Tenth Report - Public opinion and …
Public engagement with Sentencing Council consultations remains limited due to resource constraints.
At present, the public consultations conducted by the Sentencing Council on changes to guidelines represent one of the principal means by which the public can engage with the sentencing process. The Council does valuable work in engaging stakeholders in their … Read more
Ministry of Justice
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21 Conclusion
Tenth Report - Public opinion and …
Empower the Sentencing Council to increase public engagement on draft guidelines using online tools.
The Sentencing Council should be empowered to do more to encourage public engagement with its consultations on draft guidelines. For example, it should explore whether it could use the approach of using online questionnaires adopted by the Sentencing Guidelines Commission … Read more
Ministry of Justice
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22 Conclusion
Tenth Report - Public opinion and …
Prioritise reducing sentencing complexity and improve open justice to build public confidence.
The relationship between public understanding of sentencing and public confidence in the criminal justice system is far from straightforward. Simplistic causal claims should be avoided. Our overall conclusion is that everyone involved in, or responsible for, the criminal justice system … Read more
Ministry of Justice
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23 Conclusion
Tenth Report - Public opinion and …
Address public perceptions of sentencing severity and understand public expectations to maintain confidence.
In relation to the current challenge to public confidence based on the persistence of the view among the public that the system is not severe enough, it is important to recognise that this represents a significant long-term public policy challenge … Read more
Ministry of Justice
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24 Recommendation
Tenth Report - Public opinion and …
Conduct a review of sentencing terminology to improve public understanding of life sentences.
The use by major news outlets of the phrase “jailed for life” when they are not referring to a whole life order is an example of how media coverage risks perpetuating misunderstandings of the law on life sentences among the … Read more
Ministry of Justice
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25 Conclusion
Tenth Report - Public opinion and …
Consider implementing a press judges model to proactively disseminate information on sentencing judgments.
In order to improve the quality of information in the public domain on sentencing, the judiciary should consider whether the model of press judges, as used in Finland and the Netherlands, could be used. The changing nature of the media … Read more
Ministry of Justice
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26 Conclusion
Tenth Report - Public opinion and …
Promote and disseminate the latest sentencing data and analysis to the media.
We would encourage the Ministry of Justice and the Sentencing Council to promote and disseminate the latest data and analysis on sentencing trends, including local data, to the media.
Ministry of Justice
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27 Conclusion
Tenth Report - Public opinion and …
Provide additional resources to the Sentencing Council to expand its communications work.
The Sentencing Council should be provided with additional resource to expand its communications work across both traditional and social media.
Ministry of Justice
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28 Conclusion
Tenth Report - Public opinion and …
Public debate on sentencing is currently stuck in a dysfunctional and reactive cycle.
We agree with Bishop James Jones’ submission to this inquiry on behalf of the Independent Commission into the experience of victims and long-term Prisoners that there is a need for national debate on sentencing. This inquiry has highlighted that the … Read more
Ministry of Justice
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29 Conclusion
Tenth Report - Public opinion and …
Improving public discourse on sentencing is crucial for greater understanding and consensus.
The quality of public discourse on sentencing must be improved so as to enable greater public knowledge and understanding of current sentencing practice, of Public opinion and understanding of sentencing 61 evidence on the effectiveness of different sentencing options, and … Read more
Ministry of Justice
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30 Conclusion
Tenth Report - Public opinion and …
Genuine and sustained gaps exist between sentencing policy and public opinion.
It is also important that Government and Parliament understand where there may be genuine and sustained gaps between sentencing policy and public opinion. Whilst more difficult to measure and more subjective, whether an offender is suitably punished is an important … Read more
Ministry of Justice
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31 Recommendation
Tenth Report - Public opinion and …
Actively engage public on sentencing policy using structured methods, regular polling, and independent evaluation.
This Government, and its successors, need to think carefully about how to engage with public opinion on sentencing. There are important choices to be made about how to ascertain public opinion and the extent to which policy should be responsive … Read more
Ministry of Justice
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Correspondence 1 letter
31 Jan 2023 To committee Letter from Rt Hon Edward Argar MP, Minister of State for Justice, dated 24 January 2023, on follow up from 13 December evidence session
Parliament page