Sentencing Academy survey on the impact of Manning
Launched in November 2019, the Sentencing Academy is a research and engagement charitable incorporated organisation dedicated to developing expert and public understanding of sentencing in England and Wales. For more information about us, please see our website: www.sentencingacademy.org.uk.

The Sentencing Academy is interested to find out from those who have appeared in sentencing hearings since the judgment in Attorney General’s Reference (R. v Manning) [2020] EWCA Crim 592 was handed down on 30 April 2020 whether – and to what degree – this decision has had an impact on sentencing practice in the last two months.

In the judgment, handed down by the Lord Chief Justice, the Court of Appeal held that:
 
‘The current conditions in prisons represent a factor which can properly be taken into account in deciding whether to suspend a sentence. In accordance with established principles, any court will take into account the likely impact of a custodial sentence upon an offender and, where appropriate, upon others as well. Judges and magistrates can, therefore, and in our judgment should, keep in mind that the impact of a custodial sentence is likely to be heavier during the current emergency than it would otherwise be. Those in custody are, for example, confined to their cells for much longer periods than would otherwise be the case – currently, 23 hours a day. They are unable to receive visits. Both they and their families are likely to be anxious about the risk of the transmission of Covid-19. Applying ordinary principles, where a court is satisfied that a custodial sentence must be imposed, the likely impact of that sentence continues to be relevant to the further decisions as to its necessary length and whether it can be suspended’ (at paras. 41-42).

We are very grateful to anyone who has appeared in a sentencing hearing since 30 April 2020 who completes this short survey. We are only requesting the sharing of information about what was stated in open court. Please note that we would be grateful to receive information of the date of the hearing, the court centre at which it took place and the defendant’s initials only so that we can avoid double counting the same hearing (where both prosecution and defence advocates complete the survey). This data will be stored securely and please be assured that we are not seeking to collect any personal data through this survey.

Thank you for your time and if you have any questions about this survey, please email info@sentencingacademy.org.uk.

Sign in to Google to save your progress. Learn more
1. Are you aware of the decision in Manning? *
2. What role have you performed in a sentencing hearing since 30 April 2020? Please tick as many as are applicable. *
Required
3. If you have appeared in more than one sentencing hearing since 30 April 2020, please indicate how many hearings and in which capacity you acted.
4. Was the decision in Manning mentioned in the sentencing hearing? *
5. If you have appeared in more than one sentencing hearing since 30 April 2020, please indicate the number of hearings in which Manning was mentioned and the number it was not.
6. If Manning has been mentioned, which party made reference to it? Please tick as many as are applicable. *
Required
7. If you have appeared in more than one sentencing hearing since 30 April 2020, please indicate who made reference to Manning in each hearing.
8. If Manning was mentioned, do you think it had an impact on the outcome of the hearing? *
9. If yes, what impact do you think it had? (If you have appeared in more than one hearing since 30 April 2020, please see Question 11)
10. If you selected 'Other' in answer to the previous question, please specify what impact you think it had.
11. If you have appeared in more than one hearing since 30 April 2020, please specify the number of times you think Manning has had an impact and the manner of the impact on each occasion.
12. Did the court make explicit reference to Manning in their sentencing remarks? *
13. If you answered 'Yes' to the previous question, please briefly describe the judge’s sentencing remarks (if it has arisen in more than one hearing, please indicate the judge’s remarks for each).
14. To enable us to avoid double counting, please state a) the defendant’s initials; b) which court the hearing took place at; and c) the date of the sentencing hearing. *
15. In your opinion, is the judgment in Manning sufficient to address concerns about COVID-19 or is there any additional guidance which may assist courts when sentencing at the current time?
16. Is there anything else you would like to tell us about the impact of Manning, or of COVID-19 more generally, on sentencing from your experience of recent sentencing hearings?
Submit
Clear form
Never submit passwords through Google Forms.
This content is neither created nor endorsed by Google. Report Abuse - Terms of Service - Privacy Policy
Google Forms