NCJ Number
157207
Date Published
1993
Length
4 pages
Annotation
This paper examines how the sentencing provisions of Great Britain's Criminal Justice Act 1991 may impact young offenders.
Abstract
The provisions that amend the sentencing criteria of the 1991 Criminal Justice Act are contained in section 66 of the new 1993 Act and went into effect on August 16, 1993. The changes that relate to fines are in section 65 and schedule 3, which went into effect September 20, 1993. First, the changes allow courts to impose custodial sentences on the basis of the overall seriousness of the offenses, even if no single offense would justify a custodial sentence; second, they allow courts to consider previous offenses and responses to previous sentences when considering the seriousness of the current offense; third, they require courts to regard an offense committed while on bail as being more serious because of that fact. This new legislation could prove to be a less effective safeguard against inappropriate custodial sentences than the sentencing criteria used specifically for young offenders before the 1991 Act and may provide less protection from inappropriate custodial sentences than at any time since 1982. Section 65 and schedule 3 of the 1993 Criminal Justice Act abolish the unit fine system and introduce new arrangements for inquiries into offenders' means. This could increase the number of young offenders (ages 18-21) who are placed in custody for fine default. Appended provisions of section 66