English Sentencing System - Third Edition

• NCJ Number: 86515
• Author(s): R Cross; A Ashworth
• Date Published: 1981
• Length: 257 pages
• Sale Source: Butterworth
• Language: English
• Country: United Kingdom

Annotation

This book provides a comprehensive account of the law and practice of sentencing in England and Wales as of October 1980 and then discusses theories of punishment underlying the system, factors affecting the length of prison sentences, and sentencing reforms.

Abstract

The overview of the sentencing system outlines noncustodial measures available to courts when a sane adult of 21 years or more has been convicted of an offense punishable with imprisonment. It then describes types of prison sentences that can be imposed, noting that terms of imprisonment became shorter in the 1970's but also became proportionately more frequent. Other sections address ancillary orders such as restitution and compensation and sentencing options for offenders who are mentally disordered or under 21 years old. Matters which influence the court's sentencing choices are examined, including consideration of other offenses, information about the offense and the offender, and limits on judicial discretion as to length of prison sentences. A general discussion on sentence length decisions covers the effect of remission and parole, consecutive and concurrent sentences, and plea bargaining. As a basis for an analysis of actual sentencing practices, the book reviews retributive and utilitarian theories of punishment and their perceptions of the aims of sentencing. Subsequently, it demonstrates the relationships between principles of criminal liability and the objectives of sentencing by examining difficult sentencing issues, such as intent, negligence, causing harm which was not contemplated, intoxication, and provocation. An examination of factors influencing sentence length focuses on the concept of a normal range of sentences and the notion of gravity, as well as circumstances of individual cases. The concluding section explores retribution and sentencing reforms. Tables, approximately 30 references, a table of cases cited, and an index are included. For related material, see NCJ 30226, second edition.