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Tailored Review of the Sentencing Council of England and Wales

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Tailored Review of the Sentencing Council of England and Wales Tailored Review of the Sentencing Council of England and Wales 1 Contents Page Diversity 12 Executive Summary 3 Transparency 13 Purpose and Scope of the Review 5 Guideline Consultations 13 Context 5 Internal Council meetings 13 Historical Context 5 Website 14 Current Context 5 Location 14 Purpose and Structure of the Sentencing Council 5 Devolution 14 Functions 6 EU Exit 14 Are these Functions Still Required by Government? 6 Annexes 15 Classification 6 Annex A - Scope and Purpose of Tailored Reviews 15 Effectiveness and Efficiency 7 Annex B - Terms of Reference 16 Remit 7 Annex C - Stakeholder List 18 Workplan 7 Annex D - Governance assessment against Cabinet Office’s Good Practice Indicators 19 Electronic guidelines 7 Consultation 8 Research and Analysis 9 Resources 9 Governance 10 Framework 10 Senior Management Team 10 Sub-Groups 11 Governance sub-group 11 Confidence and Communication sub-group 11 Analysis and Research sub-group 12 Does the Sentencing Council comply with Principles of Good Governance? 12 Tailored Review of the Sentencing Council of England and Wales 2 Executive Summary 1.1 Tailored Reviews provide assurance to Ministers and the relevant Principal Accounting Officer about the ongoing need for the functions provided by an Arm’s Length Body (ALB). Reviews are conducted in line with Cabinet Office guidance to ensure that an ALB’s delivery contributes to departmental strategic priorities and to examine the body’s efficiency, effectiveness, accountability and governance arrangements in a fair and transparent way. 1.2 The Sentencing Council is a Non-Departmental Public Body (NDPB) sponsored by the Ministry of Justice (MoJ); its remit is to issue guidelines on sentencing for the judiciary and criminal justice professionals and to increase public understanding of sentencing. 1.3 The review consulted key stakeholders (see Annex C) and considered a range of evidence including reports and advice published by the body. It was supported by a critical friend, the Chief Executive of the Law Commission, who provided input throughout the review and challenge to the assumptions and recommendations. 1.4 The review found that the current delivery model as a NDPB is still the most appropriate, that the Council’s functions are still required, and that the Council is effective and efficient in the delivery of its responsibilities. Tailored Review of the Sentencing Council of England and Wales 3 1.5 Key recommendations from this review are as follows: Recommendations Page Number Form and Functions 1. The Sentencing Council should continue to carry out the functions required by the Coroners and Justice Act 2009, including p6 derivative functions. 2. The Sentencing Council should continue to operate in its current form as a Non-Departmental Public Body (NDPB) at arm’s length p7 from government. Transparency With a view to improving the transparency of the Sentencing Council it should: 3. Consider widening public awareness of its work through cost-effective engagement with other criminal justice bodies; p8 4. Consider how to make its website clearer regarding the information it contains and where on the site it is held; p13 5. Ensure that the procedure for publishing its responses to all consultations is clearly set out on its website; p13 6. Consider whether its meeting minutes provide sufficient explanation of its decision making and include more detail if required; p13 7. Publish a description of how the Council’s Business Plan is devised and its priorities set p14 Internal governance With a view to improving its internal governance the Sentencing Council should: 8. Collaborate with the Department to agree and implement a Framework Document. It should be published on the Sentencing p10 Council website and reviewed every three years; 9. Clearly define the role of the Senior Management Team in its Annual Reports and Framework Document; and p11 10. Consider expanding the remit of its Governance Committee to include formal responsibility for the Council’s risk register and p11 Business Plan. This should include monitoring performance against Business Plan objectives with the appropriate authority for ensuring the Council’s compliance with the risk register, and for meeting its Business Plan objectives. Diversity With a view to improving its diversity: 11. The Sentencing Council should actively engage, and consult more widely, with Black and Minority Ethnic (BAME) groups. p8 12. The Sentencing Council and the MoJ Public Appointments Team should continue to work together to maintain gender balance and p12 ethnic diversity of non-judicial members. The Council should consider how to increase the ethnic diversity of judicial members. Tailored Review of the Sentencing Council of England and Wales 4 Purpose and Scope of the Review increase public understanding of sentencing. There have been no major changes to the Sentencing Council’s statutory duties since its 2.1 The Public Bodies Transformation Programme guidance 2016-20 creation. notes that the government will review its ALBs at least once during the lifetime of Parliament. Tailored Reviews (TRs) provide 3.2 This is the first time the Sentencing Council has been reviewed as assurance to government and the public on the continued need for part of the Cabinet Office mandated TR programme. a public body. Where appropriate, reviews make recommendations to improve the efficiency, effectiveness, and governance Current Context arrangements of the bodies under review. 3.3 For the financial year 2017/18, the Council published three definitive guidelines. These were: 2.2 Evidence for the review was gathered via desk research and a • Overarching principles – domestic abuse; series of interviews with key stakeholders. The review was • Bladed articles and offensive weapons; and supported by a critical friend, the Chief Executive of the Law • Terrorism. Commission, who provided input to the initial terms of reference and provided challenge to the assumptions and recommendations in the 3.4 The Sentencing Council continues to work towards its goals of final report. issuing guidelines covering all the most frequently sentenced either- way2 offences and to have replaced the guidelines issued by its 2.3 Further detail on what TRs are, the Terms of Reference (ToR) for predecessor, the Sentencing Guidelines Council, by the time of the this review and a full list of stakeholders can be found at Annexes A Council’s tenth anniversary in 2020. - C. 3.5 During this review a new Chair was appointed who will have the responsibility for implementing the review’s recommendations, Context which once published, will become MoJ policy. Historical Context 3.1 The Sentencing Council has been in operation since April 2010 Purpose and Structure of the Sentencing Council when it replaced the Sentencing Guidelines Council and the Sentencing Advisory Panel following the enactment of the Coroners 4.1 The Sentencing Council is a NDPB sponsored by the MoJ. The and Justice Act 2009.1 It was established to promote greater Council itself is made up of the President and 14 members including transparency and consistency in sentencing whilst maintaining the the Chair3. It is supported by the Office of the Sentencing Council independence of the judiciary. Its remit is to issue guidelines on (OSC) which is made up of 18 members of staff who are civil sentencing for the judiciary and criminal justice professionals, and to servants. 1 https://www.legislation.gov.uk/ukpga/2009/25/pdfs/ukpga_20090025_en.pdf 3 https://www.sentencingcouncil.org.uk/about-us/council-members/ 2 An either way offence is a criminal offence that can be heard in the magistrates' or Crown Court Tailored Review of the Sentencing Council of England and Wales 5 4.2 The Sentencing Council operates with three sub-groups which have monitoring sentencing guidelines and helping to raise awareness responsibility for supporting the Council in their respective areas. amongst the public on sentencing issues. The review team support More detail on each group is provided in the governance section of this view and conclude the functions of the Sentencing Council are this report; the sub groups cover the following areas: still required. • Governance; • Confidence and communication; and • Analysis and research. Recommendation Functions The Sentencing Council should continue to carry out the functions 4.3 The Coroners and Justice Act 2009 sets out the following functions required by the Coroners and Justice Act 2009 including derivative for the Sentencing Council: functions. • Developing sentencing guidelines and monitoring their use; • Assessing the impact of guidelines on sentencing practice. It may also be required to consider the impact of policy and legislative proposals relating to sentencing, when requested by the government; and • Promoting awareness amongst the public regarding the realities Classification of sentencing and publishing information regarding sentencing practice in Magistrates’ and Crown Courts. 6.1 The Sentencing Council is a NDPB sponsored by the MoJ. The vast majority of stakeholders interviewed fully support this model and 4.4 In addition, the Council has the following derivative functions: recognise that the Council’s current form helps protect its • Considering the impact of sentencing decisions on victims; independence from undue influence by politicians or the judiciary. • Monitoring the application of the guidelines; and • Playing a greater part in promoting understanding of, and 6.2 The review assessed the Sentencing Council against the Cabinet Office’s
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