The Sentencing Council for England and Wales creates guidelines for crimes committed within the jurisdiction, with the aim of creating uniformity and fairness in sentencing. The Council consists of 13 independent members and a President, and produces guidelines that take into account the offense and the offender’s history. The Council is also responsible for conducting research and educating the public on sentencing issues. It is similar to the United States Sentencing Commission.
The Sentencing Council for England and Wales was created under the Coroners and Justice Act 2009. The main purpose, or objective, of the Sentencing Council is to create sentencing guidelines for crimes committed within the jurisdiction. The concept behind the Sentencing Council is similar to the purpose of the United States Sentencing Commission and various other groups created in numerous jurisdictions around the world. While judges may deviate from guidelines created by the Council in certain circumstances, the guidelines must be followed as a way to create uniformity and fairness in sentencing.
The members of the Sentencing Council are appointed by the Lord Chancellor and the Lord Chief Justice of the Ministry of Justice. The Board is made up of 13 independent members and a President. The members of the Council consist of judges, individuals who have worked in the justice system and representatives of well-known social organizations.
The Council produced its first set of guidelines in 2010 and, as a result, judges were required to follow the guidelines for all offenses committed after 6 April 2010. The guidelines take into account the offense itself and precedents penalties of the offender when establishing a guideline. A judge may, however, deviate from the guidelines if it is in the interests of justice to do so in the judge’s opinion.
As well as creating sentencing guidelines for crimes committed within the jurisdiction of England and Wales, the Council is also responsible for conducting sentencing research, research analysis and educating the public on issues revolving around the sentence. As has been the case in many jurisdictions around the world at one time or another, public confidence in the fairness and equality of judgments has been an issue for the judiciary in England and Wales. One of the goals of the Sentencing Council is also to raise public opinion and trust in sentencing practices within the jurisdiction.
The Sentencing Council is very similar to the United States Sentencing Commission. In the United States, the Sentencing Commission was responsible for creating the federal sentencing guidelines used within the United States federal judicial system. The additional responsibilities of the Sentencing Commission are similar to those of its counterpart in England and Wales. As with the guidelines created in England and Wales, a federal judge in the US can deviate from the guidelines if he articulates a reason for the up or down departure.
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