Here's the reply I got to my email to Tessa Jowell:
Your emailed enquiry to Tessa Jowell has been passed to the Sentencing Guidelines Secretariat for reply; this unit provides administrative support for the Sentencing Guidelines Council, an independent non-departmental advisory body that is responsible for creating sentencing guidelines for use in the courts of England and Wales.
The article which appeared in the Sunday Observer and was subsequently picked up by other newspapers and the media appears to have been based largely on speculation about the content of draft sentencing guidelines for the offences in the Sexual Offences Act 2003, which are due to be published by the Sentencing Guidelines Council sometime in the next few months.
The 15% reduction in sentence lengths that has been referred to in the media was included in the Council guideline New Sentences: Criminal Justice Act 2003, published in December 2004. Amongst other things, the Criminal Justice Act 2003 changed the way in which custodial sentences of 12 months or more operate and the Council took the view that such sentences would be more onerous than those imposed under the previous legislation. Until such time as the Council has published definitive sentencing guidelines based on the new sentencing framework for a particular criminal offence, the courts will continue to be guided by case law and Court of Appeal judgments that were based on the previous framework. To allow for this, the Council guideline states that, when a court is thinking of imposing a custodial sentence of 12 months or more and is referring to guidance based on the previous sentencing framework, it should consider reducing the overall length of the sentence by "in the region of 15%", to reflect the more onerous nature of the new sentences.
It is important to note that the Council guideline made it clear that this was to be a purely temporary measure. Council guidelines published since the new sentencing framework came into force in April 2005 are based on that new framework and there is no need for a reduction to be considered.
The draft guidelines on sentencing for sexual offences, which will take full account of the new sentencing framework, will be published on the Council's website (www.sentencing-guidelines.gov.uk) in due course. Anyone may comment on the draft guidelines, within the timescale allowed for consultation, by sending comments to [email protected].
Yours sincerely
Gareth Sweny
Sentencing Guidelines Secretariat