Simpler sentencing law could save £255m
THE vast array of laws governing the sentencing of criminals will be dramatically pared back under plans to simplify a system built up over several centuries.
The legal framework surrounding the punishment of offenders in England and Wales stretches back as far as the 1300s, and the Law Commission says the law on sentencing is “overwhelmingly complex”.
The body, which advises the Government on legal reform, will today unveil a proposed overhaul that aims to modernise the regime, improve efficiency and save tens of millions of pounds.
Law Commissioner Professor David Ormerod QC said: “People want and expect clarity and transparency when the courts sentence offenders, but judges face an increasingly difficult task when doing so.
“Our changes will make sentencing simpler by getting rid of the need to dust off decades’ old law, cut court waiting times and help make sure people get the justice they deserve.”
Researchers compiled the sentencing law in force as of August 2015 and found it ran to more than 1,300 pages and contained provisions dating back to the Justices of Peace Act 1361.
The paper says: “The extraordinary number of statutory provisions relating to sentencing, and the lack of any over-arching structure within which they sit, means it is almost impossible to identify and navigate the relevant legislation.”
The complexity means errors are frequently made when courts impose a sentence, according to the document.
In the year to September 2016, 1.2 million offenders were sentenced in the criminal courts of England and Wales. Over the same period, 4,241 appeals against sentence were heard in the Crown Court, while the Court of Appeal received 4,072 applications for leave to appeal against sentence.
Under the overhaul, a new code would be drawn up to bring together all of the existing legislation governing sentencing procedure within a single document.
The commission says the Sentencing Code would held stop unlawful sentences and save up to £255 million over the next decade by avoiding unnecessary appeals and reducing delays.