Totality principle

The totality principle is a common law principle which applies when a court imposes multiple sentences of imprisonment. The principle was first formulated by David Thomas in his 1970 study of the sentencing decisions of the Court of Appeal of England and Wales: The effect of the totality principle is to require a sentencer who has passed a series of sentences, each properly calculated in relation to the offence for which it is imposed and each properly made consecutive in accordance with the principles governing consecutive sentences, to review the aggregate sentence and consider whether the aggregate is 'just and appropriate'. The principle has been stated many times in various forms: 'when a number of offences are being dealt with and specific punishments in respect of them are being totted up to make a total, it is always necessary for the court to take a last look at the total just to see whether it looks wrong'; 'when ... cases of multiplicity of offences come before the court, the court must not content itself by doing the arithmetic and passing the sentence which the arithmetic produces. It must look at the totality of the criminal behaviour and ask itself what is the appropriate sentence for all the offences.' English and Welsh law Within the context of English and Welsh law, the totality principle is defined within the Criminal Justice Act 1991, that states that nothing in the Act "shall prevent the court ... in the case of an offender who is convicted of one or more other offences, from mitigating his sentence by applying any rule of law as to the totality of sentences". The principle was recognised in the Criminal Justice Act 2003 Section 166 (3)(b). Sentencing guidelines are contained within the Coroners and Justice Act 2009, which states that the application of the principle are within the management of the Sentencing Council, applied along with the Offences Taken into Consideration (TICs). On 11 June 2012, the latest guidelines from the Sentencing Council came into force, which cover the three overarching aspects of sentencing: allocation; TICs; totality.