court hammer

On 19 May 2016, the Sentencing Council launched a consultation on the draft revised guidelines for summary offences in the Magistrates’ Court Sentencing Guidelines.

The public consultation will run for 12 weeks to 11 August. During the consultation period, the Council will host a number of consultation meetings to seek views from interested groups as well as with sentencers. Following the consultation, the revised guidelines will be published and used by magistrates’ courts in England and Wales.

The Sentencing Council has published proposals for revisions to some of the magistrates’ court sentencing guidelines. The revisions will cover sentencing for “summary only” offences, that is, those that can only be dealt with in the magistrates’ courts, and they are the first stage of a general revision of all magistrates’ guidelines.

The aim is to introduce a consistent approach to sentencing in all magistrates’ courts in England and Wales.

The guidelines currently being revised cover 27 varied offences, including communications network offences, speeding and railway fare evasion. For some offences, such as speeding, the law states that a fine is the only sentence that can be given, and for offences where a prison sentence can be given, legislation sets a maximum of six months.

They are being revised to ensure all magistrates’ guidelines use the same approach.

Currently the MCSG comprises a mix of guidelines produced by the Council’s predecessor body in 2008 and those which have been developed by the Council since. The Council has developed a more sophisticated methodology for assessing the seriousness of offences in its guidelines as compared with those previously produced and therefore wants to ensure that this approach is applied across the board.

The revision is not intended to result in significant changes to current sentencing levels.

Full details of the consultation can be found on the Sentencing Council website.