NCJ Number
142861
Date Published
1993
Length
10 pages
Annotation
After reviewing the statutory criteria for imposing custodial sentences under the British Criminal Justice Act 1991, this paper summarizes appellate court cases that have interpreted sentencing under relevant sections of the act.
Abstract
The Criminal Justice Act 1991 contains a range of statutory criteria for the use of custodial, community, and financial penalties. It also makes significant changes in the rules that govern the early release of prisoners. Since October 1, 1992, when these provisions of the act were implemented, the Lord Chief Justice and the Court of Appeal have provided guidance to sentencers on the interpretation of provisions contained in sections 1, 2, 5, 6, 28, 29, and 31 of the act and on the relevance to sentencing of Part II of the act, which pertains to the early release of prisoners. Section 1(2) of the act provides that a court "shall not pass a custodial sentence on an offender unless it is of the opinion that the offense, or the combination of the offense and one other offense associated with it, was so serious that only such a sentence can be justified for the offense; or where the offense is a violent or sexual offense, such that only such a sentence would be adequate to protect the public from serious harm from the offender. Regarding early release, the Lord Chief Justice issued a practice statement on October 1, 1992, concerning the relevance to sentencing decisions of the new rules that govern early release. The statement provides that where a sentence of imprisonment is less than 4 years, the Secretary of State will be under a duty to release the prisoner after he has served one-half of the sentence. Seven appellate court cases are summarized to show how various judges have interpreted sentencing sections of the act in particular cases.