Creating a sentencing commission for England and Wales

The Carter review of the use of imprisonment, published in December 2007, proposed that a permanent sentencing commission be set up in England and Wales. The creation of a commission was seen as a way of improving the transparency, predictability and consistency of sentencing, and thus bringing the demand for imprisonment and the supply of prison places into closer alignment. This report presents the findings of an independent review of the policy options relating to a sentencing commission.

The main conclusion of this review is that a commission with a broad range of functions should be established in England and Wales in order to address the problems of prison over-use, sentencing disparity and the politicisation of sentencing practice and policy. The authors do not advocate the use of US-style sentencing grids, which would excessively constrain judicial discretion.

The report calls for a sentencing commission that would offer sentencers clearer and simpler guidance that would structure – rather than fetter – their discretion. It would serve as a source of expertise to assist with prison projections and sentencing reform. The commission would also provide sentencers with relief from some of the political and media pressures associated with sentencing. It could, potentially, help politicians to withdraw from the – highly unproductive – competition to offer the electorate ever tougher responses to crime. And, to the public, the commission would offer extensive and accurate information about sentencing, as well as the promise of more consistent sentencing practice.