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The Law Commission has launched a consultation on simplifying sentencing, stressing it will not affect the current limits on punishments for different criminal offences.
It hopes the resulting refreshed code will help stop unlawful sentences by providing a single point of reference and cutting out historic legislation, while rewriting the law in modern language and allowing powers to be used for both current and historic cases.
“The current state of the law means that it is simply impossible to describe the governing sentencing procedure as clear, transparent, accessible or coherent,” said the Commission’s consultation paper.
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Its report said new sentencing orders had arrived almost annually in recent decades, leaving “no clear and logical structure” to be relied upon by the courts, and heightening the risk of unlawful sentences.
“The consequence of this state of affairs is that the law on sentencing is overwhelmingly complex and difficult to understand for practitioners and judges,” the Law Commission said, citing an “extraordinary number” of wrongfully-passed sentences.
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