Sentencing

When determining what sentences to impose in criminal cases, judges and magistrates must take into account guidance relating to the sentencing of offenders produced by the Sentencing Guidelines Council.

The Council is chaired by the Lord Chief Justice and includes judicial representation from two other lords justices, a High Court judge, two circuit judges, a district judge (Magistrates' Court) and a magistrate.

The aim of the guidance produced by the Council is to assist sentencers in choosing the most appropriate and effective sentence in any given case and to promote consistency across courts.

Guidance may be general, for example the guideline on guilty pleas, or it may be related to a specific offence, such as the guidelines for sentencing persons convicted of robbery.

Judges and magistrates have a duty to 'have regard to' the appropriate sentencing guidelines however, subject to statutory restrictions, the judge or magistrate imposing the sentence always retains ultimate discretion as to which sentence to impose.