Documents to download

The Law Commission describes sentencing legislation as “inefficient” and lacking in transparency. This is partly due to existing sentencing law being spread across multiple pieces of legislation. In 2012, an analysis of 262 randomly selected cases in the Court of Appeal (Criminal Division) found that 36 percent had received unlawful sentences. The commission attributed these results to the level of complexity in the existing legislation.

To mitigate this, the Law Commission initiated the sentencing code project in January 2015. This project aimed to streamline the existing framework for sentencing law into a single statute. This statute would be known as the ‘sentencing code’. The sentencing code would provide a clear and comprehensive source of sentencing procedure legislation for the public, the judiciary and practitioners. It would also update the language within the legislation to make it easier to understand.

The Law Commission also recommended the introduction of a new technical device known as a “clean sweep”. The clean sweep would allow anyone convicted once the code is in force to be automatically sentenced under current legislation. There are exceptions to the clean sweep to ensure that an offender’s fundamental rights are protected.

The Sentencing Bill is a consolidation bill that will introduce the sentencing code. Before consolidation bills are enacted, pre-consolidation amendments are made to legislation to streamline the law in the area being consolidated. The Government introduced the Sentencing (Pre-consolidation Amendments) Bill in the House of Lords on 21 January 2020. This paves the way for the sentencing code and gives effect to the clean sweep. The pre-consolidation bill received royal assent on 8 June 2020.

The Sentencing Bill has 420 clauses, which is printed in two volumes, together with a table of origins. The bill has not been accompanied by explanatory notes. The Law Commission cited stakeholders’ “strong support” for the sentencing code, stating there was a “near-universal endorsement of every proposed reform”.

The Sentencing Bill [HL] (HL Bill 105 of session 2019–21) was introduced in the House of Lords on 5 March 2020. The bill is scheduled to have its second reading in the House of Lords on 25 June 2020.

Related Links

Documents to download

Related posts

  • Universal Declaration of Human Rights: Promoting the declaration’s principles 75 years on

    The Universal Declaration of Human Rights was adopted by the United Nations General Assembly 75 years ago, on 10 December 1948. The declaration set out, for the first time, fundamental human rights to be universally protected. As such it became a foundational instrument of the modern international human rights system. The Office of the High Commissioner for Human Rights has called on member states to “rejuvenate” the declaration.

    Universal Declaration of Human Rights: Promoting the declaration’s principles 75 years on

  • Arbitration Bill [HL]

    Arbitration is a form of dispute resolution that enables opposing parties to resolve a disagreement privately through a third party rather than going to court. The Arbitration Bill [HL] would amend the Arbitration Act 1996, the principal legislation governing arbitrations in England and Wales and in Northern Ireland. The changes provided for in the bill would implement recommendations from the Law Commission following consultation with the sector.

    Arbitration Bill [HL]

  • Pedicabs (London) Bill [HL]: HL Bill 2 of 2023–24

    The Pedicabs (London) Bill is a government bill which would provide Transport for London with powers to regulate pedicabs, also known as cycle rickshaws, for example by introducing a licensing regime and standards for operators, drivers and their vehicles. The bill would extend to England and Wales, but only apply in England to pedicabs operated within Greater London. The bill was promised in the 2023 King’s Speech and was introduced into the House of Lords on 8 November 2023. It is due to receive its second reading on 22 November 2023.

    Pedicabs (London) Bill [HL]: HL Bill 2 of 2023–24