Sentencing (Pre-consolidation Amendments) Bill

Explanatory Notes

Legal background

14 The sentencing framework in England and Wales is derived from three key statutes. The Criminal Justice Act 1991 established the current sentencing statutory framework. In 2000, the Powers of Criminal Courts (Sentencing) Act 2000 ("2000 Act") consolidated further sentencing law in order to bring the relevant sentencing procedures into one statute, but this was in turn surpassed by further legislative provisions. In 2003, the Home Office revisited sentencing procedure and the statutory framework was revised again further with the introduction of the Criminal Justice Act 2003 ("2003 Act"); now the principal statute for sentencing procedure. Subsequently, large parts of the 2000 Act were replaced by Part 12 of the 2003 Act which now sets down the majority of sentencing procedure law in England and Wales.

15 Consequently, the majority of current statutory provisions governing sentencing procedure are set out in the 2000 Act and Part 12 of the 2003 Act. The Bill makes pre-consolidation amendments to both the 2000 Act and Part 12 of the 2003 Act.

16 The following Acts also make relevant provisions relating to the sentencing of offenders in England and Wales:

a. The Serious Organised Crime and Police Act 2005;

b. The Criminal Justice and Immigration Act 2008;

c. The Coroners and Justice Act 2009;

d. The Legal Aid, Sentencing and Punishment of Offenders Act 2012;

e. The Offender Rehabilitation Act 2014; and

f. The Criminal Justice and Courts Act 2015.

17 These Acts (with other related provisions related to sentencing, including the Armed Forces Act 2006) will also be subject to pre-consolidation amendments in Schedule 2 to the Bill.

18 Common law procedures that are also relevant when a court is dealing with sentencing were necessarily excluded from the scope of the Sentencing Code project.


Prepared 3rd March 2020