News EditorSolicitors Journal

Statement on the application of sentencing principles during a period when the prison population is very high

Statement on the application of sentencing principles during a period when the prison population is very high

Sentencing Council Chairman issues statement

Chairman of the Sentencing Council for England and Wales, Lord Justice William Davis, issued a statement on 20 March on the application of sentencing principles during a period when the prison population is ‘very high’. The statement begins by acknowledging the concerns relating to the current prison population and the issue as to whether the potential impact on offenders, due to the high prison population, should be taken into consideration during sentencing.

Lord Justice Davis states: “There are well-established sentencing principles which, with sentencing guidelines, are sufficiently flexible to deal with all circumstances. These principles are familiar to judges and magistrates and include a requirement for the court to take into account the likely impact of a custodial sentence on the offender and, where appropriate, on others such as children or other dependants. They apply today just as they applied during the Covid emergency.”

A recent judgment by the Court of Appeal is cited as a useful case that included specific references to sentencing taking into account the impact of the current prison population. The ruling in R v Arie Ali [2023] EWCA Crim 232, is an example of a case where the court took into account the impact of the current prison population levels when making a decision on an offence that crossed the threshold for a short custodial sentence. In such circumstances judges and magistrates can elect to suspend the sentence or impose a community order instead, in view of the very high prison population.

Lord Justice Davis explains that in the case at hand, the court found that, irrespective of the current prison population, there were strong arguments for suspending the sentence. As such, Lord Justice Davis concludes: “This does not mean that the high prison population is a factor which requires all short prison sentences to be suspended. Rather, when a court has to decide whether a custodial sentence must be imposed immediately or whether the sentence can be suspended, the high prison population is a factor to be taken into account.”

AdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisementAdvertisement
Latest News

Parents and carers to be given new employment protections

Fri May 26 2023

Committee finds plans to level up the country risk failure due to funding concerns

Fri May 26 2023

Government consults on enforcement mechanisms for animal health and welfare offences

Fri May 26 2023

Government expands legal aid eligibility

Thu May 25 2023

Council of Europe identifies serious concerns affecting minorities in the UK

Thu May 25 2023

ONS finds international migration to the UK hit new high in 2022

Thu May 25 2023

Government consults on plans to reduce reporting burdens on businesses

Wed May 24 2023

Committee report finds government not taking harms from alcohol seriously enough

Wed May 24 2023

Committee seeks views on the Digital Markets, Competition and Consumers Bill

Wed May 24 2023
Featured
A closer look at the trademark dispute between retail giants Lidl and Tesco
The UK maternity care crisis: £5bn in avoidable damages claims
Understanding Chinese underground banking and the risks
The building blocks for a successful collaborative culture
SJ Interview: James Fulforth
Long-awaited reports and controversial bills dominate