that this means a minimum of four years in prison, and a further two years during
which the offender may or may not be released on parole, depending upon the
assessment of risk by the Parole Board.
In relation to sentencing, we recommend the establishment of a Sentencing
Council whose primary task will be to draft sentencing and parole guidelines. The
guidelines will chiefly address the type and length of sentence. They will help the
Judges and they will simplify sentencing hearings in court. The guidelines might
usefully be issued on the whole range of sentencing and parole matters the way
in which courts should approach an early guilty plea, for example, or best practice
for the Parole Board in relation to risk assessment.
The guidelines are not intended to put judges into a straitjacket, or to turn
sentencing into a mechanical exercise. It will be important to ensure that the
guidelines are flexible enough to leave judges with the ability to do justice in the
individual case. For that reason, we propose that judges will be able to depart
from the guidelines whenever it is in the public interest to do so.
The Sentencing Council will make the system more responsive. It will also assist
in improving public confidence in the system by providing accurate information
about sentencing and parole practice.
We propose that the Council should have a mix of judicial and non-judicial
membership - that is, five judges, including the Chair of the Parole Board, and
five non-judicial members with relevant expertise. In addition, it will consult
extensively with all interested parties. This will include, but will not be limited
to, a requirement to call for public submissions on its draft guidelines.
The Council will be independent from the government, but Parliament will
scrutinise the Councils guidelines. If Parliament is not happy with the guidelines,
they will not proceed. The task involves important contributions from all three
branches of our government the Judiciary who carry out the task of sentencing
individuals, the Parliament as the ultimate arbiter of the system and the Executive
which provides the prisons and runs them.
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