Sentencing Bill 2023
The government has introduced the Sentencing Bill into Parliament.
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The Sentencing Bill contains measures in relation to:
- Whole Life Orders (WLOs)
- Serious Sexual Offences Sentencing and Release Arrangements
- A presumption to suspend custodial sentences of 12 months or less
- Extending Home Detention Curfew (HDC) eligibility
Clause 1 of the Bill will create a new duty for the court to impose a WLO for cases of murder which are currently normally subject to a WLO starting point, unless the court is of the opinion that there are exceptional circumstances which justify not making a WLO. It will also add the murder of a single victim involving sexual or sadistic conduct to the list of those offences that are subject to the new duty to impose a WLO. These measures are intended to ensure that those who commit the very worst crimes face the most severe punishment available.
Clauses 2-5 and 7 of the Bill will ensure rapists, and those convicted of the most serious sexual offences, will now serve the entirety of the custodial term in prison, with no referral to the Parole Board.
Clause 6 of the Bill will extend HDC eligibility to certain offenders serving sentences of four years or more, as well as those with non-recent recalls for curfew breaches on HDC.
Clause 8 of the Bill will introduce a presumption to suspend short custodial sentences. When passing a custodial sentence of 12 months or less, the courts should presume a Suspended Sentence Order (SSO) should be issued instead of a sentence of immediate custody unless there are exceptional circumstances.
The Bill makes these changes primarily by amending the Sentencing Code, which is contained in Parts 2 to 13 of the Sentencing Act 2020, and the Criminal Justice Act 2003 (the “CJA 2003”).
Last updated 5 December 2023 + show all updates
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First published.