Achieving Consistency in Sentencing

The Sentencing Council of England and Wales aims to promote consistency in sentencing through appellate guidance and narrative guidelines. This book argues that consistency incorporates both substantive and procedural elements and reconciles the tension between consistency and individualised justice. It uses empirical evidence to emphasize the need for discretion during the sentencing exercise and examines methods of structuring discretion. The book also examines the interplay between Parliament, the Court of Appeal, and the Sentencing Council and draws conclusions about ways to achieve consistency. It is of practical relevance to those studying or practising in sentencing systems worldwide.

Format: Hardback
Length: 352 pages
Publication date: 20 September 2022
Publisher: Oxford University Press

The Sentencing Council of England and Wales is dedicated to promoting consistency in sentencing, with a comprehensive system of appellate guidance and narrative guidelines that have been in place for over two decades. This body of work presents a wealth of insights and lessons that can be valuable for England and Wales, as well as other jurisdictions, in their efforts to establish fair and equitable sentencing practices.

Consistency in sentencing is widely recognized as a crucial aspect of a fair and just sentencing system. However, the exact definition of consistency remains a subject of debate. In Achieving Consistency in Sentencing, the author argues that consistency encompasses both substantive and procedural elements. The author emphasizes the importance of applying principles in a proper manner to ensure fairness and consistency in sentencing decisions.

One of the key challenges in achieving consistency is the notion of comparing "like" cases. The author rejects this approach as simplistic, impractical, and unprincipled. Instead, the author proposes a more principled approach that reconciles the tension between consistency and individualised justice. This approach involves considering the specific circumstances of each case and imposing sentences that are in accordance with the principles underpinning the sentencing scheme while still allowing for flexibility and individualisation.

The author uses clear empirical evidence of inconsistency in sentencing to highlight the critical need for discretion during the sentencing exercise. The author argues that sentences should be structured in a way that encourages judges to impose sentences that align with the principles of the scheme while maintaining the ability to individualise them. This requires a careful balance between guidelines and discretion, which can be challenging to achieve.

England and Wales serve as a case study in this work, and various methods of structuring discretion are analyzed. The latter part of the book examines the interplay between the primary givers of guidance, such as Parliament, the Court of Appeal (Criminal Division), and the Sentencing Council. The author draws conclusions (both positive and negative) about the ways in which consistency can be achieved and offers recommendations for improvement.

Throughout the book, the author identifies lessons to be learned from the experiences of England and Wales and other jurisdictions. The author points out the strengths and deficiencies in the various devices used to guide sentencing judges, such as guidelines, appellate guidance, and narrative guidelines. The author also suggests ways in which these devices can be improved to enhance consistency and fairness in sentencing.

In conclusion, Achieving Consistency in Sentencing is a valuable resource for anyone interested in sentencing practices. The book provides a comprehensive analysis of the issues surrounding consistency in sentencing and offers practical insights and recommendations for achieving fairness and consistency in sentencing decisions. The author's approach is grounded in principles and empirical evidence, and the book's insights can be valuable for practitioners, policymakers, and scholars alike.

Weight: 548g
Dimension: 147 x 225 x 26 (mm)
ISBN-13: 9780192859266