Through the joint European Union (EU) and Government of Malawi Democratic Governance Programme (DGP), the Law Commission was requested to review the current sentencing practice with the view to development of statutory sentencing guidelines. The request was prompted by the general outcry on the lack of consistency and uniformity in the sentencing of offenders by the courts.

Following preliminary research and consultations, the Commission developed a Research Paper, a Consultation Report and an Issues Paper. A special Law Commission was empanelled for the programme and its first meeting took place in July, 2013. The programme is on-going and a Discussion Paper for the programme has been developed and published.