Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what discussions he has had with the Sentencing Council on the implementation of guidelines that require judges to consider factors such as poverty and social deprivation in sentencing; and whether his Department will provide training on these factors.

On 1 April 2024, the Sentencing Council for England and Wales introduced a new mitigating factor ‘difficult and/or deprived background or personal circumstances’ across all offence specific guidelines, following consultation. As a statutory consultee, the Lord Chancellor made clear in his response his opposition to the inclusion of this new mitigating factor. However, as an independent body, the Government cannot require the Council to review particular guidelines.

Regarding the implementation of the guidelines, under the Coroners and Justice Act 2009, the Council is required to monitor the operation and effect of its guidelines once published. The Council decides on its own priorities and work plan for producing and monitoring guidelines.

In relation to judicial training, in order to preserve the independence of the judiciary, the Lady Chief Justice has statutory responsibility under the Constitutional Reform Act 2005 for the maintenance of appropriate arrangements for the welfare, training and guidance of the judiciary. The Lady Chief Justice exercises this responsibility through the Judicial College.