Criminal Justice (Sentencing etc) Bill

Closes 8 May 2026

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Exercise of court’s discretion when sentencing

Clause 1 - Purposes and principles of sentencing: adults

Clause 2 - Duty to follow and give reasons in relation to sentencing guidance

Clauses 1 and 2

PART 1 - EXERCISE OF COURT’S DISCRETION WHEN SENTENCING

 

1 Purposes and principles of sentencing: adults

 

1.—(1) This section applies where—

(a) a person is convicted of an offence,

(b) the person is aged 18 or over when convicted, and

(c) a court is dealing with the person for the offence.

 

(2) The court must have regard to the following purposes of sentencing -

(a) the punishment of offenders,

(b) the protection of the public (including victims of crime),

(c) the reduction of crime by deterrence,

(d) the rehabilitation of offenders, and

(e) the making of reparation by offenders to persons affected by their offences.

 

(3) The court must have regard to the following principles of sentencing -

(a) the principle that sentencing should be proportionate;

(b) the principle that sentencing should be fair

(c) the principle that sentencing should be transparent.

 

(4) In subsection (3)(a), proportionate means proportionate to the seriousness of the offence, or the combination of the offence and one or more offences associated with it, taking into account—

(a) the circumstances of the offence, or of it and the associated offence or offences, including any aggravating or mitigating factors, and

(b) the character and circumstances of the offender.

 

(5) This section does not apply—

(a) to an offence punishable with a sentence fixed by law;

(b) to an offence the sentence for which falls to be imposed under—

(i) Article 70(2) of the Firearms (Northern Ireland) Order 2004,

(ii) paragraph 2(4), (5) or (5A) of Schedule 2 to the Violent Crime Reduction Act 2006,

(iii) Article 13, 13A, 14 or 15A of the Criminal Justice (Northern Ireland) Order 2008, or

(iv) section 7(2) of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015;

(c) in relation to the making of any of the following under Part 3 of the Mental Health (Northern Ireland) Order 1986—

(i) a hospital order (with or without a restriction order), or

(ii) an interim hospital order.

 

(6) In subsection (5)(b), references to a sentence falling to be imposed under any of the provisions mentioned in that paragraph are to be read in accordance with Article 4(2) of the Criminal Justice (Northern Ireland) Order 2008.

(7) The duty in subsection (3) is subject to any statutory provision or rule of law that requires or permits a court to take any matter into account or to exercise its discretion in a particular way when sentencing an offender.

 

2 Duty to follow and give reasons in relation to sentencing guidance

2.—(1) A court must, in sentencing an offender, follow any sentencing guidance which is relevant to the offender’s case, unless the court is satisfied that it would be contrary to the interests of justice to do so.

(2) The duty in subsection (1) is subject to any statutory provision or rule of law that requires a court, when sentencing an offender—

(a) to impose, or not to impose, a particular sentence or a sentence of particular description, or

(b) to take any matter into account or to exercise its discretion in a particular way.

(3) The court must, in stating the court’s reasons for deciding on the sentence, identify any sentencing guidance which is relevant to the offender’s case and—

(a) must explain in open court and in general terms how the court discharged the duty to follow guidance imposed on it by subsection (1);

(b) where the court was satisfied that it would have been contrary to the interests of justice to follow that guidance, must state why.

(4) In this section references to “sentencing guidance” include—

(a) any guidance issued by the Lady Chief Justice’s Sentencing Group;

(b) any judgment of the Crown Court or the Court of Appeal identified by the Group for use as a sentencing guideline judgment;

(c) any judgment of the Court of Appeal identified by the Court for use as a sentencing guideline judgment;

(d) any judgment of the Court of Appeal which (although not identified by the Court or the Group as a sentencing guideline judgment) contains guidance which is relevant to the court’s sentencing function.

(5) Nothing in this section is to be taken as restricting any power (whether under the Mental Health (Northern Ireland) Order 1986, the Mental Capacity Act (Northern Ireland) 2016 or otherwise) which enables a court to deal with an offender suffering from a mental disorder in the manner it considers to be most appropriate in all the circumstances.

Clause 1 outlines the purposes and principles of sentencing. It sets out the factors that the court must have regard to for the purposes of sentencing, which are: the punishment of offenders; for the protection of the public; the reduction of crime by deterrence; the rehabilitation of offenders; and, the making of reparations by offenders to persons affected by their offences. Do you agree with the purposes of sentencing as outlined above?
Clause 1 also defines the principles of sentencing as proportionate, fair and transparent. Do you agree with these being set as the principles of sentencing?
Do you have anything further to add on Clause 1 of the Bill?
Clause 2 imposes a duty to follow guidance relevant to the case when sentencing an offender, unless it would be contrary to the interests of justice to do so and to give reasons in relation to sentencing. Do you support the objectives of this clause?
Do you have anything further to add on Clause 2 of the Bill?
Part 1 - Exercise of court's discretion when sentencing - Do you have anything further to add on Part 1 of the Bill?