Sentencing Guidelines for Data Offences
On the basis that the provisions of s77-78 of the Criminal Justice and Immigration Act 2008 are brought into effect, so that increased sentencing powers are available for breaches of s55 of the Data Protection Act 1998, the Secretary of State for Justice should use the power vested in him by s124(1)(a)(i) of the Coroners and Justice Act 2009 to invite the Sentencing Council of England and Wales to prepare guidelines in relation to data protection offences (including computer misuse).
How was this assessed?
Response
Not Accepted
Response
Not AcceptedThis recommendation was not implemented. The government did not formally respond to civil justice recommendations in the Prime Minister's statement of 29 November 2012. Section 40 of the Crime and Courts Act 2013, which would have created a costs incentive mechanism, was enacted but never commenced. On 1 March 2018, the Secretary of State announced that Section 40 would not be commenced and would be repealed. Section 40 was repealed by Section 50 of the Media Act 2024 (Royal Assent 24 May 2024). Source: https://www.gov.uk/government/speeches/leveson-consultation-response
Published Evidence
Published assessments of implementation progress from inspectorates, select committees, official progress reports, and other sources. Check the source type badge to see whether each assessment is independent or government self-reported.
The increased sentencing powers under sections 77-78 of the Criminal Justice and Immigration Act 2008 were never brought into force (see L54). Without those powers being activated, there was no basis for the Sentencing Council to produce guidelines. No sentencing guidelines for data protection offences were produced.
View detailed findings
Not implemented. The precondition (bringing s77-78 into force) was never met.