Criminal Practice, Chapter 8: Suspended Sentences (20 March 2023)

UPDATE ONE (20 March 2023)

On 3 March 2023, the Court of Appeal handed down its judgment in R v Ali. Ali dealt with (inter alia) the question of the relevance of the very high prison population on the sentencing exercise. The Court of Appeal concluded that sentencing courts may consider, as a factor, the overcrowding in prisons when considering whether to suspend a sentence. This factor will principally apply to shorter sentences because a significant proportion of such sentences is likely to be served during the time when the prison population is very high.
On 20 March 2023, the Sentencing Council published a news article with its response to the judgment in Ali. In the published statement, the Chairman of the Sentencing Council stated:
“This does not mean that the high prison population is a factor which requires all short prison sentences to be suspended. Rather, when a court has to decide whether a custodial sentence must be imposed immediately or whether the sentence can be suspended, the high prison population is a factor to be taken into account.” (emphasis added)

FURTHER INFORMATION
For more information, consider the judgment of Edis LJ in R v Ali [2023] EWCA Crim 232 (specifically [18]-[22]). See also the announcement of the Sentencing Council, here:
https://www.sentencingcouncil.org.uk/news/item/the-application-of-sentencing-principles-during-a-period-when-the-prison-population-is-very-high-statement-from-the-chairman-of-the-sentencing-council/
NB Candidates are not required to know the case of R v Ali but are strongly advised to be aware of the principles therein.

RELEVANCE TO YOUR SQE1 ASSESSMENT
This update will be relevant to both your SQE1 and SQE2 assessments in that you may be asked what factors a court can consider when deciding whether to suspend a sentence of imprisonment. Look out for an MCQ in SQE1 which asks you to consider the facts of a particular case and whether the overcrowding of prisons is a relevant factor in the court’s determination. In SQE2, if you are asked to present a plea in mitigation, consider whether you should make submissions that the overcrowding in prisons is a relevant factor for your sentencing court to consider.
This update may be relevant for candidates attempting SQE1 in July 2023.
This update will not be relevant for candidates sitting SQE2 in April 2023, as the cut-off date for the law upon which candidates are examined in the SQE will be four calendar months prior to the date of the first assessment in an assessment window (ie January 2023 for SQE2 candidates in April 2023). Candidates will be tested on the law as it stands at that date.