Part 4Sentencing

Chapter 1Sentencing Council for England and Wales

Other functions of the Council

I1131Resources: effect of factors not related to sentencing

1

The annual report for a financial year must contain a non-sentencing factors report.

2

The Council may, at any other time, provide the Lord Chancellor with a non-sentencing factors report, and may publish that report.

3

A non-sentencing factors report is a report by the Council of any significant quantitative effect (or any significant change in quantitative effect) which non-sentencing factors are having or are likely to have on the resources needed or available for giving effect to sentences imposed by courts in England and Wales.

4

Non-sentencing factors are factors which do not relate to the sentencing practice of the courts, and include—

a

the recalling of persons to prison;

b

breaches of orders within subsection (5);

c

patterns of re-offending;

d

decisions or recommendations for release made by the Parole Board;

e

the early release under discretionary powers of persons detained in prison;

f

the remanding of persons in custody.

5

The orders within this subsection are—

a

community orders (within the meaning of section 177 of the Criminal Justice Act 2003 (c. 44)),

b

suspended sentence orders (within the meaning of section 189(7) of that Act), and

c

youth rehabilitation orders (within the meaning of Part 1 of the Criminal Justice and Immigration Act 2008 (c. 4)).