Preface

Summary

In the five years since the publication of the fourth edition there have been many significant changes in sentencing law. The Criminal Justice Act 2003 continues to exert its influence, but the much-vaunted ‘custody plus’ order (discussed critically in the previous edition) has not been implemented, and in consequence the increase in the sentencing powers of the magistrates' courts from six to 12 months' imprisonment has not been brought into force. Imprisonment for Public Protection was introduced by the 2003 Act with mandatory elements, but in 2008 those were replaced by a discretionary regime. There have been several other statutory changes, of which perhaps the most important is the new framework for youth sentencing introduced by the Criminal Justice and Immigration Act 2008 and (mostly) brought into force in November 2009.

Perhaps the most conspicuous change in the last five years has been the further expansion of sentencing guidelines to cover almost all the frequently sentenced offences. That guidelines are now firmly established seems to be confirmed by the relevant provisions of the Coroners and Justice Act 2009 – only a Bill when the main text of this edition was written, but Appendix A summarizes the principal changes. In brief, the Sentencing Advisory Panel and the Sentencing Guidelines Council are abolished in favour of a single Sentencing Council for England and Wales. The new Council will have a broader remit, particularly in the realm of sentencing statistics.