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Recent high-profile cases have reignited public debate about sentencing highlighting concerns over whether current practices truly deliver justice for victims and society. With the publication of the independent sentencing review commissioned by the UK Government, the ongoing consultation on sentence reduction for early guilty pleas, ahead of the introduction of a sentencing Bill in autumn of this year such scrutiny is both welcome and timely.
Deciding on the sentence imposed on an individual found guilty of a crime is one of the most important things a judge does.
We invest a huge amount of trust in judges to make those decisions and it is imperative that they are able to make them free of outside influence, following the law.
This awesome responsibility is one of the reasons why being a judge is such a difficult job.
Taking a step back and looking at the wider framework around sentencing, looking at the issue at large, not at individual sentences, is something that is deeply important to us all.
The independent sentencing review is obviously relevant for the criminal justice system in England and Wales, not Northern Ireland.
However, it is undoubtedly important to be aware of the trends and public discourse around such an important issue in Great Britain, what lessons can be learned and what changes can be implemented in Northern Ireland.
And it is an important issue. It’s one of the issues most commonly raised by victims of crime who engage with my office.
Some of the key issues raised with me are perceived leniency, the reduction of sentences following “early guilty pleas” and the use of good character references at the sentencing stage.
The independent review in Great Britain recognises that “for many victims, the current sentencing regime can be opaque and overly complex, thereby contributing to mistrust and concern.”
It also recognises the need to take a victim-centred approach to sentencing. This echoes what I often hear about sentencing in this jurisdiction.
Many victims who have engaged with my office have spoken of a concern that sentences passed in Northern Ireland are more lenient than those in England and Wales.
Part of that perceived disparity comes from the difference in how “early guilty pleas” impact on sentences here in Northern Ireland. The system of offering substantial sentence reductions for early guilty pleas is designed to encourage admissions of guilt early in the process streamlining the justice process and freeing up the system to focus on contested cases. However, the prevalence of cases featuring in our media headlines where offenders are given considerable reductions for guilty pleas relatively close to the trial date can leave victims and the wider public questioning whether justice has truly been served.
I am really pleased that the Minister of Justice is currently consulting on sentence reduction for early guilty pleas and I would encourage everyone to take the opportunity to use their voice to make positive changes to this issue.
When I talk about leniency, it is easy for people to think I want long sentences for everyone convicted of crimes – “lock ‘em up and throw away the key.”
But tough sentences don’t necessarily mean long custodial sentences. In fact, for many of those convicted of crimes, the best approach would not be custodial, but community sentencing.
Those sentences, however, must be robust and victims cannot feel like those convicted are getting the “easy” punishment.
It is not, however, just early guilty pleas that are causing consternation amongst victims.
The use of good character references at sentencing stage for perpetrators of domestic and sexual violence is, increasingly, an issue being raised in public discourse.
Again, this is something I have raised in the past and I am glad to see it being discussed more.
We must not miss the opportunity to turn these conversations into real change. We know that abusers often create a public-facing façade of the “upstanding character” deliberately to mask the crimes they commit and dissuade their victims from coming forward.
Who cares if Mr X is a member in good standing in his church if he’s also abusing his wife? How does the former have any impact on the punishment he receives for the latter? A broader understanding of the offender can never overshadow the gravity of the offence.
To take a truly victim-centred approach, more needs to be done to give victims confidence in sentencing. Public opinion strongly supports the idea that victims’ voices and the impact on their lives should play a greater role in sentencing decisions.
I read with interest in the independent review the recommendations to “demystify” the sentencing process and “provide clarity, trauma-informed support and timely, emphatic communication for victims of crime.”
Following a campaign led by sexual violence victims and the London’s Victims Commissioner, it is heartening to see England and Wales commit to rolling out its pilot which offers free access to the Judges sentencing remarks in sexual violence cases. All victims of crime should have free access to transcripts of their cases, but at a bare minimum victims should be able to access the sentencing remarks of judges in crown court cases.
These discussions underline the need for greater transparency and understanding of how sentencing decisions are made, and whether the balance between rehabilitation, deterrence and justice is being appropriately struck in our courts.
I have suggested in the past that something akin to a sentencing council for Northern Ireland could rationalise and illuminate the sentencing process for individuals. I know there are cost implications, but I am more convinced than ever that a more formalised sentencing structure could help build public confidence and address concerns about transparency.
One thing I have learned while working in this field for the last twenty years is that there are times when change feels impossible, and it is difficult to keep your head up.
But I have also learned that there are times when change feels inevitable, if we only have the courage to look up and see the opportunity ahead of us.
This year is one of those times. With concerted effort, with hard work and by coming together, we have the chance to make real, tangible changes that ensures our sentencing regime better reflects societal priorities and the interests of victims of crime.