Crime and Disorder Act 1998

80 Sentencing guidelines

(1) This section applies where the Court—

(a) is seised of an appeal against, or a reference under section 36 of the [1988 c. 33.] Criminal Justice Act 1988 with respect to, the sentence passed for an offence; or

(b) receives a proposal under section 81 below in respect of a particular category of offence;

and in this section “the relevant category” means any category within which the offence falls or, as the case may be, the category to which the proposal relates.

(2) The Court shall consider—

(a) whether to frame guidelines as to the sentencing of offenders for offences of the relevant category; or

(b) where such guidelines already exist, whether it would be appropriate to review them.

(3) Where the Court decides to frame or revise such guidelines, the Court shall have regard to—

(a) the need to promote consistency in sentencing;

(b) the sentences imposed by courts in England and Wales for offences of the relevant category;

(c) the cost of different sentences and their relative effectiveness in preventing re-offending;

(d) the need to promote public confidence in the criminal justice system; and

(e) the views communicated to the Court, in accordance with section 81(4)(b) below, by the Sentencing Advisory Panel.

(4) Guidelines framed or revised under this section shall include criteria for determining the seriousness of offences, including (where appropriate) criteria for determining the weight to be given to any previous convictions of offenders or any failures of theirs to respond to previous sentences.

(5) In a case falling within subsection (1)(a) above, guidelines framed or revised under this section shall, if practicable, be included in the Court’s judgment in the appeal.

(6) Subject to subsection (5) above, guidelines framed or revised under this section shall be included in a judgment of the Court at the next appropriate opportunity (having regard to the relevant category of offence).

(7) For the purposes of this section, the Court is seised of an appeal against a sentence if—

(a) the Court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the [1968 c. 19.] Criminal Appeal Act 1968; or

(b) in a case where the judge who passed the sentence granted a certificate of fitness for appeal under section 9 or 10 of that Act, notice of appeal has been given,

and (in either case) the appeal has not been abandoned or disposed of.

(8) For the purposes of this section, the Court is seised of a reference under section 36 of the [1988 c. 33.] Criminal Justice Act 1988 if it has given leave under subsection (1) of that section and the reference has not been disposed of.

(9) In this section and section 81 below—

• “the Court” means the criminal division of the Court of Appeal;

• “offence” means an indictable offence.