Judges have been handing criminals unlawful sentences 'leading to significant injustice', report finds

New sentencing code proposed to provide clarity on 1,300 pages of overlapping laws

(Getty)

Judges have been handing criminals unlawful sentences that have “lead to significant injustice” and sparked costly appeals, a report has found.

The Law Commission said the complexity of sentencing law had caused a “disproportionate number of errors and unlawful sentences being imposed” in England and Wales.

One study found that over a third of sentences considered by the Court of Appeal involved an unlawful punishment.

A new sentencing code has been created to scale back the vast array of laws blamed for creating confusion about what can be used.

It will be put to parliament in a bill that will be voted on by MPs.

The Law Commission predicted that the change could save £250m over 10 years by cutting costly appeals and speeding up the judicial process.

A spokesperson said judges previously had to contend with more than 1,300 pages of law “filled with outdated and inaccessible language”.

“This law is contained in over 65 different Acts of Parliament, and has no coherent structure. This makes it difficult for judges to identify and apply the law they need, which can slow the process of sentencing and lead to mistakes,” he added.

One study found that 36% of sentences considered by the Court of Appeal involved an unlawful punishments (Reuters)

“The Commission is recommending that anyone convicted from now on should be sentenced under a simplified and modern sentencing code.

“This would mean that judges would no longer need to search back through layers of old law.

“This would decrease the number of unlawful sentences handed out, avoid unnecessary appeals and reduce delays in sentencing.”

The Law Commission anticipates that some sentences will be reduced and others increased as a result of greater clarity, and emphasises that it is not changing the law but ensuring it is applied correctly.

It has assessed the new code to be “prison-neutral”, meaning it will not have an effect on the number of inmates during an ongoing crisis seeing record levels of violence.

Experts hope the code will speed up costly court cases and lessen delays to justice for victims and offenders.

On average, it currently takes 53 days in a magistrates’ court and 200 days in the Crown Court from charge to the end of the trial process.

“More worrying than the delays caused by these difficulties is that they can lead to significant injustice,” the Law Commission’s report noted, citing one case where a man was unlawfully given an indeterminate sentence for public protection.

As well as the introduction of the new code, the Law Commission is recommending a “clean sweep” of the old sentencing law so that anyone convicted once the bill comes into force will be punished under the streamlined guidelines.

They will apply for every offence, whenever they were committed, apart from where they result in a harsher sentence than when the crime took place.

Max Hill, the director of public prosecutions, said that while new laws created by parliament “ensure our criminal legislation keeps pace with changes in criminal activity,” the proposals will enable judges to find the laws they need in one place for the first time.

Senior judge Sir Brian Leveson, the head of criminal justice in England and Wales, said: “The need for a clear, logically structured statute governing sentencing procedure is long overdue.

”The commission's code is welcomed by judges and practitioners for the clarity it provides. It will bring confidence to the public generally that sentences handed down are accurate and lawful. It will, moreover, save vast amounts of time and money.

“The parliamentary time required to enact the code will be negligible. What are we waiting for?”

Rory Stewart, the justice minister, said the government would consider the recommendations and “respond fully in due course”.

“Any measures to reduce complexity and increase efficiency in our courts are welcomed - especially if they lead to greater clarity in sentencing,” he added.