Commentary on Sections Part 12 - Sentencing Chapter 1: General provisions about sentencing Section 171: Functions of Sentencing Advisory Panel in relation to guidelines
487.This Section makes provision for the functions of the Sentencing Advisory Panel. The Council is obliged to notify the Sentencing Advisory Panel when it decides to frame new guidelines or to revise existing guidelines. This will enable the Panel to prepare advice to assist the Council. However, under subsection (2) the Panel is also able to propose to the Council that guidelines are framed or revised by the Council.
488.Subsection (3) provides that where guidelines are under consideration (either as a result of the Panel’s own initiative or that of the Council), the Panel must consult with those that the Council stipulates. The Council will make that decision after consultation with the Secretary of State and Lord Chancellor. The Panel must prepare advice where guidelines are proposed and submit it to the Council. Subsection (4) allows the Council to authorise the Panel to dispense with the consultation required under subsection (3) if the urgency of a case makes this impractical.