Miscellaneous amendments to sentencing guidelines 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.