Research on equality and diversity in the work of the Sentencing Council

The Sentencing Council is commissioning a project to review any potential for its work to cause disparity in sentencing across demographic groups. Aspects to be examined will include those such as the language used, factors, offence context, expanded explanations and structure of sentencing guidelines.

As well as examining the guidelines, the work will also consider whether any aspects of the guideline development cycle described below could have any implications for equalities and disparity in sentencing. The review will also consider how the Council can best engage with underrepresented groups to increase awareness and understanding of sentencing guidelines. It is anticipated that the project will consist of largely desk-based analysis.

The Sentencing Council is obliged under the Public Sector Equality Duty, to have "due regard" to the need to do each of the following when devising policies or otherwise carrying out their functions:

• eliminate discrimination on the basis of a "protected characteristic" and other conduct that is unlawful under the Equality Act;
• advance equality of opportunity between those who share such a characteristic and those who do not; and
• foster good relations between those who share such a characteristic and those who do not.

The Council takes the Public Sector Equality Duty very seriously and meets this obligation in a range of ways. When developing guidelines, it considers the statistical data available in order to determine whether guidelines are likely to discriminate on the basis of protected characteristics and takes steps to mitigate against this risk. It then considers the issue at the early stages of guideline development and again toward the end prior to the publication of any guideline.

ESSENTIAL EXPERTISE REQUIRED

It is essential that the contractor for this project has knowledge and expertise in equalities and diversity, particularly in relation to sentencing practice and the criminal justice system.

The Sentencing Council is particularly keen to draw on the advice of groups who have direct experience of being sentenced to ensure they have a say in preventing inequalities and disparity in sentencing.

This could be achieved in the project by an academic who is expert in the field collaborating with interest groups or third sector service providers who work to support groups of people who have experienced being sentenced and the Criminal Justice System. In particular the Council wishes to seek advice from those groups with protected characteristics under the Public Sector Equality Duty.