(1)This section applies where the Court—
(a)is seised of an appeal against, or a reference under section 36 of the M1Criminal Justice Act 1988 with respect to, the sentence passed for an offence; or
(b)receives a proposal under section 81 below in respect of a particular category of offence;
and in this section “the relevant category” means any category within which the offence falls or, as the case may be, the category to which the proposal relates.
(2)The Court shall consider—
(a)whether to frame guidelines as to the sentencing of offenders for offences of the relevant category; or
(b)where such guidelines already exist, whether it would be appropriate to review them.
(3)Where the Court decides to frame or revise such guidelines, the Court shall have regard to—
(a)the need to promote consistency in sentencing;
(b)the sentences imposed by courts in England and Wales for offences of the relevant category;
(c)the cost of different sentences and their relative effectiveness in preventing re-offending;
(d)the need to promote public confidence in the criminal justice system; and
(e)the views communicated to the Court, in accordance with section 81(4)(b) below, by the Sentencing Advisory Panel.
(4)Guidelines framed or revised under this section shall include criteria for determining the seriousness of offences, including (where appropriate) criteria for determining the weight to be given to any previous convictions of offenders or any failures of theirs to respond to previous sentences.
(5)In a case falling within subsection (1)(a) above, guidelines framed or revised under this section shall, if practicable, be included in the Court’s judgment in the appeal.
(6)Subject to subsection (5) above, guidelines framed or revised under this section shall be included in a judgment of the Court at the next appropriate opportunity (having regard to the relevant category of offence).
(7)For the purposes of this section, the Court is seised of an appeal against a sentence if—
(a)the Court or a single judge has granted leave to appeal against the sentence under section 9 or 10 of the M2Criminal Appeal Act 1968; or
(b)in a case where the judge who passed the sentence granted a certificate of fitness for appeal under section 9 or 10 of that Act, notice of appeal has been given,
and (in either case) the appeal has not been abandoned or disposed of.
(8)For the purposes of this section, the Court is seised of a reference under section 36 of the M3Criminal Justice Act 1988 if it has given leave under subsection (1) of that section and the reference has not been disposed of.
(9)In this section and section 81 below—
“the Court” means the criminal division of the Court of Appeal;
“offence” means an indictable offence.
(1)The Lord Chancellor, after consultation with the Secretary of State and the Lord Chief Justice, shall constitute a sentencing panel to be known as the Sentencing Advisory Panel (“the Panel”) and appoint one of the members of the Panel to be its chairman.
(2)Where, in a case falling within subsection (1)(a) of section 80 above, the Court decides to frame or revise guidelines under that section for a particular category of offence, the Court shall notify the Panel.
(3)The Panel may at any time, and shall if directed to do so by the Secretary of State, propose to the Court that guidelines be framed or revised under section 80 above for a particular category of offence.
(4)Where the Panel receives a notification under subsection (2) above or makes a proposal under subsection (3) above, the Panel shall—
(a)obtain and consider the views on the matters in issue of such persons or bodies as may be determined, after consultation with the Secretary of State and the Lord Chief Justice, by the Lord Chancellor;
(b)formulate its own views on those matters and communicate them to the Court; and
(c)furnish information to the Court as to the matters mentioned in section 80(3)(b) and (c) above.
(5)The Lord Chancellor may pay to any member of the Panel such remuneration as he may determine.
(1)This section applies where a court is considering the seriousness of an offence other than one under sections 29 to 32 above.
(2)If the offence was racially aggravated, the court—
(a)shall treat that fact as an aggravating factor (that is to say, a factor that increases the seriousness of the offence); and
(b)shall state in open court that the offence was so aggravated.
(3)Section 28 above applies for the purposes of this section as it applies for the purposes of sections 29 to 32 above.