Policy, Accountability and the Courts (From Criminal Justice System: A Central Role for the Probation Service, P 48-63, 1989)

• NCJ Number: 121359
• Author(s): A Ashworth
• Date Published: 1989
• Length: 16 pages
• Corporate Author: University of Cambridge
• Publication Format: Document
• Publication Type: Issue Overview
• Language: English
• Country: United Kingdom
• Note: Proceedings of the Clarke Hall Residential Conference held at Fitzwilliam College, Cambridge, in July 1989.

Annotation

The accountability of the courts with respect to the aims and objectives for the Probation Service is discussed.

Abstract

There are two major policies which the Government wishes to see pursued: a general one and a more specific policy for the Probation Service. The general policy, known as the "twin-track" approach, advocates a strong punitive response to very serious crimes, but shorter sentences for less serious offenses. The specific policy for the Probation Service is the operation of schemes which are capable of holding in the community some of the fairly difficult offenders who would otherwise receive immediate custody. The courts are accountable to the law, however, the predominant characteristic of sentencing decisions is discretion, not law. The Government bears responsibility for fashioning a coherent sentencing policy which will put into practice its declared twin-track penal policy. Any attempt to introduce a measure of accountability into judicial sentencing will involve major change. 22 footnotes.