Attorney General's Office

Attorney General encourages prosecutors to explain sentences and issues revised guidance on pleas and sentencing

Victims and their families should fully understand what a sentence means in practice, and CPS prosecutors can play a key role in explaining, the Attorney General, Baroness Scotland QC, said today.

Speaking to a conference of Crown Prosecution Service Crown Advocates - qualified CPS lawyers in the Crown Court - as their superintending minister, the Attorney said: "It is an important part of prosecuting counsel's role to ensure that families are not unnecessarily upset by a sentence because of misunderstandings.

"For example, indeterminate sentences for public protection are not always well understood. An indeterminate sentence is just like a life sentence, and that the minimum period is just that - the minimum period to be served before parole can be considered, and that parole is only granted if the Parole Board is satisfied that it is no longer necessary to detain the offender for the public's protection.

"The CPS has made great strides in communicating with victims but there is always more to be done. I know that the Director of Public Prosecutions is committed to an active programme of mentoring and training for CPS advocates and prosecutors to enhance the Service's confidence and ability to play a full role in the sentencing process."

The Attorney has issued a revised version of her Guidelines on the acceptance of pleas and the prosecutor's role in sentencing, coming into force on 1 December. These address the way all prosecutors (whether self-employed, CPS or other prosecuting bodies) should agree the basis of guilty pleas and prepare facts on the case to give to the judge at sentence. An audit of sample cases by Her Majesty's Crown Prosecution Service Inspectorate (HMCPSI) published in November 2008 found that the guidelines on were not always being complied with.

The revised guidelines now require a written basis of plea to be prepared in every case, except where the prosecution case as it stands is accepted. However, the requirement to prepare a written document setting out sentencing considerations and relevant case law or guidelines may not be needed in every case and the revised guidance reflects this. The detailed document will be prepared where the prosecutor considers that it would assist the court or where the judge asks for it. The CPS has revised its internal guidance.

-Ends-

NOTES TO EDITORS

1. Media enquiries to Russell Hayes at the Attorney General's press office on 020 7271 2484. russell.hayes@attorneygeneral.gsi.gov.uk

2. The new guidelines come into force on 1 December and are available on the AGO website with those currently in place. The guidelines were reviewed in close consultation with the CPS and prosecutors outside the CPS such as the Department for Work and Pensions and Business, Innovation and Skills, with critical input from the judiciary. The guidance does not alter the responsibility to be ready to assist the court in every case during the sentencing process.