Changing Nature of Criminal Justice in England and Wales, With Particular Regard to the Introduction of Community-Based Punishment, the Young Offender and the Treatment of Drug Offenders (From Resource Material Series No. 46, P 220-236, 1995, Kunihiro Horiuchi, ed. -- See NCJ-159652)

• NCJ Number: 159668
• Author(s): J Harding
• Date Published: 1995
• Length: 17 pages
• Sale Source: United Nations Asia and Far East Institute for the Prevention of Crime and Treatment of Offenders
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: Japan
• Note: *This document is currently unavailable from NCJRS.

Annotation

This paper analyzes the key features of the Criminal Justice Act, 1991 as it has been applied in England and Wales, and examines its impact on young offenders, particularly those who have committed drug-related offenses.

Abstract

The primary aims of the Criminal Justice Act are to provide consistency in sentencing, reduce the use of custody for less serious and especially young offenders, establish credibility for community sentences, and achieve more stability in the prison population. The sentencing framework under the act can be portrayed as a pyramid, with each step upwards placing greater demands on the offender and increasing obligations on the court in terms of extra procedures and restrictions. The base of the pyramid is the fine, proceeding upward to community orders and then custody. Presentence reports are an important element of the new sentencing philosophy, since information provided in these reports is used to tailor sentencing to offense severity and offender characteristics. Regarding the treatment of juvenile offenders under the Act, the juvenile court has been renamed as the "youth court." Sentencing is based on the maturity of the offender, and sentencing may include mandating responsibilities for parents in exercising care and control over the offender. Regarding the treatment of drug offenders, the Act permits courts to place an additional requirement in a probation order that requires an offender to receive residential or nonresidential treatment for a drug-abuse offense. A chart shows the sentencing options available to the youth court.