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Coroners and Justice Bill

I suggest that neither is the case—that work was already pretty substantial when I was in opposition. The truth is that sentencing practice is complicated and is bound to be so, but I found that, without any other information, neither the public nor sentencers had a clear idea of the penalties for particular types of behaviour. That explains the significant variation in the attitude of the courts to similar offences and similar offenders. My view was that we needed a more explicit process, but one that fully respected the independence and discretion of judges and magistrates at the point of sentence. So, the Crime and Disorder Act 1998 established the Sentencing Advisory Panel. That was followed by the Criminal Justice Act 2003, which proposed the Sentencing Guidelines Council. At the end of 2007, Lord Carter's review of prisons recommended the setting up of a working group to look at the advantages and feasibility of a structured sentencing framework and a permanent sentencing commission for England and Wales. In response, a working group was established under Lord Justice Gage, and I am extremely grateful to him and to his colleagues on that group. Our proposals in this Bill implement the unanimous and majority recommendations of that group.