Public opinion “absolutely plays a pivotal role in shaping
sentencing policy” and “demands careful consideration” the
Ministry of Justice (MoJ) has said in its response to a landmark
report by the Justice Committee.
In its report entitled ‘Public opinion and understanding of
sentencing’, published in November 2023, the cross-party
committee of MPs warnedpublic debate on sentencing is “stuck in a
dysfunctional and reactive cycle” and recommended the Government
should seek to actively engage the public on sentencing policy,
but should do so in a structured and methodologically rigorous
fashion.
Responding, the MoJ acknowledged the Committee’s recommendations
for action, stating: “There are several ways that we engage on
sentencing policy to ensure an inclusive, as well as robust
policy making process. We are continually exploring ways to
enhance current processes including ways to increasing public
awareness of the existing avenues for engagement in sentencing
policy discussions.”
The Justice Committee said that deliberative engagement exercises
with members of the public should form part of the policy
development process. Policy proposals on sentencing it added
should be subject to independent evaluation, so that the
resourcing implications are evaluated before they are enacted. It
also called on the Government to establish an independent
advisory panel on sentencing to consider proposed changes to
sentencing policy and to provide advice to ministers.
Reacting to the Committee’s panel recommendations, the MoJ said:
“The suggestion to include representatives of victims and their
families is valid and aligns with our principles of
inclusivity…our Ministers use the views of victims, stakeholders
and the wider public to help them make decisions and develop
sentencing policy. Some of these mechanisms include manifesto
commitments; the views of MPs, representing their constituents;
victim-focused campaigns; consultations; and via e-petitions on
parliament.uk.”
It went on: “The Government is continuing in its efforts to
rebuild public confidence in the justice system. The publication
of judgments and the accessibility of sentencing remarks are key
components of the principle of open justice, helping to build
understanding and confidence in sentencing.”
Replying to the Committee’s recommendation that the Government
should consider adopting a structured engagement plan to gather
information on the public’s views on sentencing, the Sentencing
Council, added: “The Council will consider, as part of its
ongoing work to encourage a greater range of responses to its
consultations whether structured deliberative engagement
exercises, or similar, may be of benefit.”
It added: “The Council welcomes the report’s recognition of the
challenges that can be faced in promoting public confidence in
what can be a complex and changing political, social and
legislative landscape.”
The Chair of the Justice Committee, Sir MP (Con, Bromley & Chislehurst),
said:
“The Committee welcomes the MoJ’s acknowledgement that
public opinion plays a ‘pivotal role’ in shaping sentencing
policy. It is vital that policymakers adopt a consistent
and principled response to maintaining public confidence
in response to the challenge of the public's position on
sentencing severity.
“Instead of simply adopting a reactive approach to sentencing
policy, the Government should develop a structured mechanism for
engaging the public on sentencing policy. It is encouraging to
see the Sentencing Council consider the Committee’s
recommendation that deliberative engagement exercises
with members of the public should form part of the policy
development process.
“The Committee’s report is a timely reminder that
those involved in, or responsible for, the criminal justice
system need to take the duty to ensure public confidence
extremely seriously.”
