Commentary on Sections Part 12 - Sentencing Chapter 1: General provisions about sentencing Section 167: The Sentencing Guidelines Council
473.Subsection (1) provides for the membership of the Sentencing Guidelines Council, which exists to promulgate guidelines to enable all courts dealing with criminal cases to approach the sentencing of offenders from a common starting point. It stipulates that there will be 7 judicial members and 4 non-judicial members, and provides that the Lord Chief Justice is to be the Chairman of the Council.
474.Subsection (2) sets out those persons eligible to be judicial members. Subsection (3) is designed to ensure that membership reflects those courts regularly dealing with criminal cases. The Lord Chief Justice is required to appoint a Deputy Chairman from amongst the Council members under subsection (7).
475.Under subsection (4) the non-judicial members must have experience in one or more of the following fields: policing, criminal prosecution, criminal defence, and the promotion of the welfare of victims of crime. Under subsection (9), the Secretary of State may appoint as an observer a person with experience of sentencing policy and the administration of sentences. This person may attend and speak at meetings of the Council. Subsection (6) ensures that each area of experience is represented on the Council.
476.Subsection (8) enables the Lord Chief Justice to nominate another judge to attend in his stead if he is unable to attend a Council meeting.