MoJ and Sentencing Council respond to Justice Committee’s call for a new national debate on sentencing

18 January 2024

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 warned public 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.”

Chair's comment

The Chair of the Justice Committee, Sir Bob Neill 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.”

Further information

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