Devising Sentencing Guidance for England (From Sentencing Reform - Guidance or Guidelines?, P 81-104, 1987, Martin Wasik and Ken Pease, eds. See NCJ-103986)

• NCJ Number: 103991
• Author(s): A Ashworth
• Date Published: 1987
• Length: 24 pages
• Sale Source: Marcel Dekker, Inc
• Language: English
• Country: United Kingdom

Annotation

This paper proposes steps for codifying the English sentencing system so as to increase detailed sentencing guidance for magistrates and judges while preserving their individual discretion.

Abstract

The proposal's primary feature is the classification of offenses matched with recommended sentences. A grid for serious offenses would have a range of recommended sentences according to the number of previous convictions. For less serious offenses, courts would have the discretion to select from a number of sentences, but a recommended average sentence would be codified along with a maximum sentence would be codified along with a maximum limit. A list of aggravating and mitigating factors would be supplied for both serious and relatively minor offenses, so as to help the sentencer decide whether to go higher or lower than the recommended penalty. There would be guidance on noncustodial measures, to be considered in conjunction with a probation officer's presentence report on the offender. Principles of totality of sentence would guide the sentencer in determining whether the sentence should be concurrent or consecutive when an offender has been convicted of more than one offense. Detailed research on current sentencing would be required as the basis for the offense tabulation. 4 notes and 23 references.