NCJ Number
190440
Date Published
July 2001
Length
180 pages
Annotation
This review considers whether the sentencing framework for England and Wales can be changed so as to improve outcomes, especially by reducing crime, at justifiable expense.
Abstract
After examining the purposes and principles of sentencing, this review considers the types of sentences that should be available to the courts, with the aim of designing more flexible sentences that work effectively and smoothly whether the offender is in prison or in the community. The review also examines the ways in which sentences are enforced; the systems that govern release from prison; and the role of the courts in decision making while the sentence is in force. Judicial discretion in sentencing and the judicial guidelines that govern its use are critiqued, as well as the framework of statute law. The review concludes that the current sentencing framework has limitations and problems. The most compelling of these is the unclear and unpredictable approach to habitual offenders, as well as the inability of short prison sentences (less than 12 months) to make any significant intervention in criminal careers. A total of 55 recommendations are presented. The costs and benefits of the recommendations are estimated, including various ways in which the proposed new framework could be used. Factors critical for successful implementation are identified. Eight appendixes provide supplementary material.