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
1 Letter
2 Events
Activity timeline 5 events
18 Jan
2024
Report published
25 Oct
2023
Report published
31 Jan
2023
Correspondence
13 Dec
2022
Formal meeting (oral evidence session) · Room 15, Palace of Westminster
29 Nov
2022
Formal meeting (oral evidence session) · Room 8, Palace of Westminster
Title HC No. Published Items Response
Tenth Report - Public opinion and understanding of sentencing HC 305 25 Oct 2023 31 Responded
Recommendations & Conclusions
31 results
1 Conclusion Not Addressed
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
Government Response
The government reiterates its commitment to the principle of open justice and describes the shared responsibilities among the MoJ, judiciary, and HMCTS, but does not propose specific actions to address the identified public understanding and accountability gap.
Ministry of Justice
View details
2 Recommendation Deferred
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
Government Response
The government shares the objective of accessible sentencing terminology and eagerly awaits insights from the Sentencing Academy's ongoing work, anticipating these findings will contribute to future initiatives, but does not commit to immediate collaborative exploration.
Ministry of Justice
View details
3 Conclusion Accepted
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
Government Response
The government highlights its existing quarterly Criminal Justice System Statistics publications and user guides, noting their focus on user needs. They state they will continue to consider options for broader visual presentations of data to aid understanding, indicating ongoing efforts rather than new commitments.
Ministry of Justice
View details
4 Recommendation Not Addressed
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
Government Response
The government highlights existing public education initiatives such as TV broadcasting of sentencing remarks but does not commit to the specific new programmes, curriculum changes, or website creation proposed, instead deferring to the Sentencing Council's independence for some aspects.
Ministry of Justice
View details
5 Recommendation Accepted
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
Government Response
The government outlines how its Criminal Justice System Statistics publication has significantly developed to offer accessible data tools and commentary, and states it will continue to consider broader visual presentations, rather than committing to a specific review or revival of the digest.
Ministry of Justice
View details
6 Recommendation Deferred
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.
Government Response
The government redirects this recommendation, stating that the Sentencing Council is independent and will respond directly to the Committee on recommendations applicable to it.
Ministry of Justice
View details
7 Conclusion Accepted
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
Government Response
The government states that its Criminal Justice System Statistics publication has significantly developed to meet user needs, offering detailed data tools and user guides, and commits to continuing to consider options for broader visual presentations.
Ministry of Justice
View details
8 Conclusion Accepted
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
Government Response
The government highlighted its existing initiative to allow television cameras to broadcast judges' sentencing remarks in Crown Courts and the Court of Appeal to improve public understanding, but did not address the recommendation to explore using the Common Platform for producing accessible sentencing data.
Ministry of Justice
View details
9 Conclusion Deferred
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
Government Response
The government's response deflects the recommendation about fulfilling the statutory duty to publish sentencing data in individual courts by instead detailing the existing practice of broadcasting judges' sentencing remarks in Crown Courts and live-streaming cases from the Court of Appeal, aimed at public education.
Ministry of Justice
View details
10 Conclusion Not Addressed
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
Government Response
The government describes its existing initiative to broadcast sentencing remarks in Crown Courts and its purpose in increasing public understanding, but it does not address the committee's identified need for up-to-date statistical information to contextualise these broadcasts.
Ministry of Justice
View details
11 Recommendation Accepted in Part
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
Government Response
The government has committed to a one-year trial allowing victims of rape and serious sexual offences to receive sentencing remarks free of charge, and is working to increase online publication of judgments. However, it explicitly rejected the recommendation for all victims to receive free sentencing remarks due to financial implications.
Ministry of Justice
View details
12 Recommendation Deferred
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
Government Response
The government notes existing provisions but commits only to considering changes to the Victims’ Code regarding the Unduly Lenient Sentence scheme during a public consultation after the Victims and Prisoners Bill receives Royal Assent, deferring the requested amendments and timeline.
Ministry of Justice
View details
13 Recommendation Accepted in Part
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
Government Response
The government outlines an ongoing ‘Pathfinder to Improved Pre-Sentence Advice’ (PIPA) project aimed at increasing the volume and quality of Pre-Sentence Reports. However, the response does not address providing offenders with ready access to general sentencing information or hard copies of sentencing remarks.
Ministry of Justice
View details
14 Conclusion Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion in sentencing policy and the need for careful consideration, stating it is continually exploring ways to enhance existing engagement processes and increase public awareness.
Ministry of Justice
View details
15 Recommendation Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion and states it is continually exploring ways to enhance existing engagement processes and increase public awareness of involvement avenues, but does not commit to a specific structured engagement plan or regular deliberative exercises.
Ministry of Justice
View details
16 Recommendation Deferred
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
Government Response
The government's response focused on the quarterly publication of Criminal Justice System Statistics and efforts to make data more accessible to users, not addressing the recommendation to review the statutory purposes of sentencing to emphasize justice for victims.
Ministry of Justice
View details
17 Conclusion Accepted
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
Government Response
The government details its existing quarterly Criminal Justice System Statistics publications and user feedback processes, stating it will continue to consider options for broader data presentations. It focuses on current data dissemination rather than committing to an in-depth analysis of public views on sentencing policy.
Ministry of Justice
View details
18 Conclusion Deferred
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
Government Response
The government deflected responsibility, stating that the independent Sentencing Council would respond to the committee on recommendations specific to the Council.
Ministry of Justice
View details
19 Recommendation Deferred
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
Government Response
The government deflects the recommendation to establish an independent advisory panel on sentencing, stating that the independent Sentencing Council will respond to recommendations applicable to it.
Ministry of Justice
View details
20 Conclusion Deferred
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
Government Response
The government's response discussed the Common Platform case progression system, which is unrelated to the recommendation about improving public engagement with Sentencing Council consultations.
Ministry of Justice
View details
21 Conclusion Deferred
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
Government Response
The government's response details the Common Platform case progression system, which is unrelated to the recommendation for the Sentencing Council to enhance public engagement with its consultations.
Ministry of Justice
View details
22 Conclusion Acknowledged
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
Government Response
The government acknowledges the importance of public confidence and highlights ongoing efforts and existing mechanisms like the publication of judgments, accessible sentencing remarks, and the Sentencing Act 2020 as key components.
Ministry of Justice
View details
23 Conclusion Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion in sentencing policy and the need for careful consideration, stating it actively engages in policy discussions and is continually exploring ways to enhance current processes and public awareness.
Ministry of Justice
View details
24 Recommendation Deferred
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
Government Response
The government deflected the recommendation, stating that the Sentencing Council has a duty to promote awareness of sentencing matters and will respond.
Ministry of Justice
View details
25 Conclusion Deferred
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
Government Response
The government deflects the recommendation to consider using "press judges" by stating that the Sentencing Council has a duty to publish and promote awareness of sentencing matters and will respond to the recommendation.
Ministry of Justice
View details
26 Conclusion Deferred
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.
Government Response
The government's response discussed the importance of transparency for victims in the criminal justice system, which is unrelated to the recommendation about promoting sentencing data to the media.
Ministry of Justice
View details
27 Conclusion Deferred
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.
Government Response
The government responds by emphasising the importance of openness and transparency for victims in the criminal justice system, rather than addressing the recommendation to provide additional resources to the Sentencing Council for communications.
Ministry of Justice
View details
28 Conclusion Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion in shaping sentencing policy and that it is continually exploring ways to enhance current public engagement processes, but does not commit to initiating a national debate on sentencing.
Ministry of Justice
View details
29 Conclusion Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion in sentencing policy and states it is continually exploring ways to enhance current engagement processes and increase public awareness of existing avenues for involvement.
Ministry of Justice
View details
30 Conclusion Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion in shaping sentencing policy and states it is continually exploring ways to enhance current engagement processes and increase public awareness of avenues for discussion.
Ministry of Justice
View details
31 Recommendation Acknowledged
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
Government Response
The government acknowledges the pivotal role of public opinion and states it is continually exploring ways to enhance existing engagement processes and increase public awareness of involvement avenues, but does not commit to a specific structured, rigorous engagement plan or independent evaluation of policy proposals.
Ministry of Justice
View details
Government Response AI assessment · 31 of 12 classified
Accepted 5
Accepted in Part 2
Acknowledged 8
Deferred 13
Not Addressed 3
Total 12 recs + 19 conclusions
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