Miscellaneous amendments to sentencing guidelines 2024

Closes 27 Nov 2024

Wording on mandatory minimum sentences

The issue

In all guidelines where a mandatory minimum sentence applies, there is a step setting out the provisions and the matters to be taken into account in deciding whether there are exceptional circumstances that would justify not imposing the minimum term.

It was pointed out to the Council that it may be helpful to add a reference stating where the burden of showing that exceptional circumstances exist lies.

The proposed change

The Council proposes to add the following line to the minimum terms step (immediately after the reference to Newton hearings) in all relevant guidelines:

The burden of establishing that exceptional circumstances exist is on the offender.

The impact

This change merely states what is established practice for the purposes of transparency and clarity and therefore no impact on prison or probation resources is anticipated.

19. Do you agree with the proposed addition relating to minimum terms? If not, please provide any alternative suggestions.