The Law Commission's Sentencing Code Project aims to create a single statute which contains all of the law on sentencing procedure - Law Commission November 2018
The government is taking a Bill through Parliament to prepare the ground for the subsequent enactment of such a Code.
The single "Sentencing Code” will have a "clear and logical structure" making the law "more accessible for the public, the judiciary and practitioners."
The Code will be
a consolidation measure bringing the many statutory enactments into one place and presenting them in a more coherent, structured and user-friendly format. It will not:
- make any substantive changes to the law
- affect the existing maximum or minimum penalties for individual offences
- impact on the Sentencing Guidelines or the work of the Sentencing Council
- result in an offender being subject to a greater penalty than that applicable at the time he or she committed the offence.
The Sentencing (Pre-consolidation Amendments) Bill is legally necessary to pave the way for the Sentencing Code. This Bill has passed through its House of Lords stages and is now before the House of Commons. Explanatory Notes are available. This Bill has two objectives -
(1) to remove historic layers of sentencing legislation and give effect to the clean sweep; and
(2) to make changes to the existing law of sentencing procedure in order to enable the consolidation in the Code to take place.
See the Ministry of Justice Statement 4 March 2020
Once this Bill has been enacted it will be possible to enact the Sentencing Code using the parliamentary procedure available for Consolidation Bills - i.e. Bills which do not change the law but bring together, into one enactment, all the relevant legislation.
6 March 2020