Queen's Speech: Sentencing Bill

Sentencing Bill

“My Government is committed to addressing violent crime, and to strengthening public confidence in the criminal justice system. New sentencing laws will see that the most serious offenders spend longer in custody to reflect better the severity of their crimes. ”

The purpose of the Bill is to:

• Ensure that the most serious violent and sexual offenders spend more time in prison to match the severity of their crimes.
• Tackle repeat and prolific offenders through robust community orders.

The main benefits of the Bill would be:

• Protecting the public and giving greater confidence to victims by ensuring that serious violent and sexual offenders who receive custodial sentences will spend more of their sentence in prison and are properly rehabilitated.
• Giving, the public greater confidence that community sentences will be robust and flexible enough to punish offenders appropriately, while addressing offender needs where required.

The main elements of the Bill are:

• Changing the automatic release point from halfway to the two-thirds point for adult offenders serving sentences of four years or more for serious violent or sexual offences, bringing this in line with the earliest release point for those considered to be dangerous.
• Aligning how life tariffs are calculated with the extended release points for serious sexual and violent offenders.
• Extending the range of reasons where the starting point for the sentence in cases of murder is a whole life order.
• Making clear that judges must explain in their sentencing remarks what the sentence means for an offender’s release arrangements.
• Strengthening community orders, so they deliver an appropriate level of punishment, but also address offenders’ behaviour, answer their mental health and alcohol or drug misuse needs, or provide reparation for the benefit of the wider community.

Territorial extent and application

• Subject to the final provisions included, we would expect the Bill to extend and apply to England and Wales only, as sentencing is devolved to Scotland and Northern Ireland.

Key facts

• In 2012 the Government introduced the Extended Determinate Sentence as a robust new sentence for serious sexual and violent offenders assessed by the court to be dangerous. These offenders become eligible to be considered for release by the Parole Board from the two-thirds point but can serve the full term in prison if not assessed to be safe to release earlier. The custodial term is followed by an extended period on licence for on-going public protection (of up to eight years for sex offenders and five years for violent offenders).
• Offenders sentenced to standard determinate sentences must be automatically released at the halfway point of the sentence, as introduced under section 244 of the Criminal Justice Act 2003, and serve the remainder of the sentence on licence in the community (unless recalled for breaching their conditions).
• The vast majority of offenders who are sentenced for serious sexual and violent offences which carry a maximum life sentence receive a Standard Determinate Sentence.
• In 2018, there were over 3,000 Standard Determinate Sentences imposed for sexual violent offences which carry a maximum penalty of life. There were around 250 Extended Determinate Sentences and 400 life sentences for such offences.
• In 2018, 77 per cent of adult offenders sentenced for rape and 70 per cent of adults sentenced for wounding with intent to cause grievous bodily harm received a standard determinate sentence.