The Crown Court Compendium   
                                              
              ……………………………..                   
                           
                 Part II: Sentencing 
                           
                                              
                           
                           
                   August 2021 
                           
                   Originally written by: 
             Maddison – Ormerod – Tonking – Wait 
                           
                      Edited by: 
                  Picton – Cooper – Harris 
 
         Crown Court Compendium Part II                 August 2021 
         Introduction 
         The first version of this Sentencing Compendium was published in May 2016. It was 
         written by Sir David Maddison, His Honour Simon Tonking, His Honour John Wait 
         and Professor David Ormerod QC.  
         This latest iteration continues the process of substantially revising and updating that 
         original version. HHJ Jonathan Cooper and Dr Lyndon Harris have taken the lead in 
         carrying out a substantial revision of much of the content working closely with HHJ 
         Martin Picton (lead editor).  
         On this occasion we are enormously indebted to Professor Kathryn Hollingsworth 
         (Newcastle University) and Kate Aubrey-Johnson (Barrister, Garden Court 
         Chambers) both for their textual suggestions addressing sentencing children as well 
         as for Appendix II, which they produced with assistance from Clare Parkinson 
         (Consultant Speech and Language Therapist). The Appendix draws on research 
         conducted by Kathryn Hollingsworth and Helen Stalford (‘“This is a case about you and 
         your future”: Towards Judgments for Children’ (2020) 83(5) Modern Law Review 1030-1058) 
         and additional research carried out by Professor Hollingsworth based on interviews 
         with justice-experienced children and young people (‘Sentencing Remarks for Children: 
         A New Approach’ Newcastle Law School Research Briefing No 14). Thanks are also owed 
         to the children who were interviewed for that research. 
         We consider that Part II has been greatly enhanced by the introduction of a specific 
         focus upon addressing the technical and language challenges of sentencing 
         children. We hope that judges will benefit from the learning provided on this topic 
         and not just when crafting sentencing remarks for children but by way of improving 
         the clarity of sentencing remarks generally. 
         Part II of the Compendium reflects the structure of the Sentencing Code in a way 
         that it is hoped users of this work will find helpful. The Sentencing Compendium is 
         not a text book that is intended might be read from cover to cover. It is a reference 
         work to which judges can turn as needed when dealing with discrete topics. For that 
         reason there is, in places, a degree of repetition. This is deliberate and is done in 
         order to avoid the user of the Compendium having to cross refer to other parts of the 
         book. 
         So far as the example sentencing remarks are concerned they should not be 
         considered as templates and neither should the adoption of them be regarded as a 
         guarantee against a successful appeal in respect of a sentence or a part of one. The 
         examples provide a starting off point should a judge find it helpful to have a form of 
         words to consider as part of the process of settling upon a way of expressing a 
         particular sentence or part of one. As with every aspect of the Compendium we are 
         keen to refine them with every reissue and input from practitioners is both welcomed 
         and encouraged.  
         Passing sentence is one of the most challenging parts of being a judge – not just 
         because of the many technical challenges (now happily somewhat reduced by 
         reason of the implementation of the Sentencing Code) but also because of the 
         importance attached to every word uttered by a judge on the part of all those directly 
         engaged with a particular case, and also the public at large. What we say and how 
         we say it is as important as the result itself, sometimes more so. Particular care is 
         needed when sentencing children and those that are otherwise vulnerable or face 
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                                    Crown Court Compendium Part II                                                                                                                                                                 August 2021 
                                    challenges engaging meaningfully with the criminal justice system – hence the 
                                    inclusion of material provided by Professor Hollingsworth and Kate Aubrey-Johnson. 
                                    There are two papers written by Professor Hollingsworth that are hosted on the LMS 
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                                    that are well worth reading .  
                                    What follows is a foreword from the Chairman of the Sentencing Council written for 
                                    the December 2020 revision but which is retained on this occasion as the content 
                                    remains relevant and useful.  
                                                                                                   HHJ Martin Picton, HHJ Jonathan Cooper and Lyndon Harris 
                                                                                                                                                                                                                        31 August 2021 
                                     
                                                                                                            
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                                              Sentencing Remarks for Children: Professor Kathryn Hollingsworth October 2019 and 
                                              Sentencing Remarks for Children and Young People: Professor Kathryn Hollingsworth 
                                              2020. 
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                                    Crown Court Compendium Part II                                                                                                                                                                 August 2021 
                                    Foreword (to the 2020 edition) by Lord Justice 
                                    Holroyde, Chairman of the Sentencing Council 
                                                                                                                                             I am told by the editors that Part II of this 
                                                                                                                                             Compendium has not previously had its own 
                                                                                                                                             foreword. I am therefore particularly pleased 
                                                                                                                                             to have been asked, as Chairman of the 
                                                                                                                                             Sentencing Council, to provide a foreword 
                                                                                                                                             for this latest revision. It gives me the 
                                                                                                                                             opportunity, which I gladly take, to welcome 
                                                                                                                                             the Sentencing Code. The outstanding work 
                                                                                                                                             – and stamina - of the Criminal Law team at 
                                                                                                                                             the Law Commission, under the leadership 
                                                                                                                                             of David Ormerod, has led to legislation 
                                    which will simplify and clarify sentencing procedure and will help make sentencing 
                                    more transparent to the public. Sentencing is a matter of constant, and increasing, 
                                    public concern, and the Code will benefit us all by making the procedural law more 
                                    accessible and easier to follow. We have been living in extraordinary times since the 
                                    last revision of this Part of the Compendium was published in December 2019. The 
                                    Code comes as very good news at the end of a most difficult year. 
                                    Old habits sometimes die hard, and we will all need to be vigilant, in the early 
                                    months of the Code, to avoid falling into the trap of referring to the old statutory 
                                    provisions instead of the new. This revision of the Compendium will help us to avoid 
                                    that trap, and it is therefore timely and welcome. We will also need to remember that 
                                    the Code applies to everyone convicted on or after 1 December 2020 but not to 
                                    those convicted before that date, even if they are sentenced later. It is very helpful to 
                                    have that single commencement date, but there will for a time be cases in which 
                                    judges and recorders are sentencing offenders to whom the old statutory provisions 
                                    apply. There will also, no doubt, be multi-handed cases in which one defendant has 
                                    pleaded guilty before 1 December but is not sentenced until others have been 
                                    convicted after that date, and the judge in those circumstances will need to refer to 
                                    both the old statutory provisions and the new. If an error is made, but only identified 
                                    by the court or the parties after the sentencing has been concluded, the power to 
                                    vary or rescind a sentence under section 385 of the Code (previously s155 of 
                                    PCC(S)A 2000) should where possible be used, in order to avoid an unnecessary 
                                    appeal. 
                                    The Code does not alter any of the sentencing guidelines. Nor does it alter the 
                                    general duty of the court to follow any relevant guideline unless satisfied that it would 
                                    be contrary to the interests of justice to do so: see sections 59 and 60 (previously 
                                    s125 of C&JA 2009). 
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                                    The Sentencing Council launches a new website  on 1 December. However, the 
                                    area housing the guidelines has not been changed, so any links which judges have 
                                    set up to the guidelines should continue to work. The guidelines themselves continue 
                                    to provide a link to this Compendium. The legislative references have been updated 
                                    to provide links to the Code, and the text has where necessary been updated to be 
                                                                                                            
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                                              https://www.sentencingcouncil.org.uk/  
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