SENTENCES OF IMPRISONMENT - A REVIEW OF MAXIMUM PENALTIES - REPORT OF THE ADVISORY COUNCIL ON THE PENAL SYSTEM ENGLAND

• NCJ Number: 60763
• Author(s): ANON
• Date Published: 1978
• Length: 255 pages
• Corporate Author: Great Britain Home Office
• Sale Source: Pendragon House
• Language: English
• Country: United Kingdom

Annotation

THIS REVIEW OF MAXIMUM PENALTIES FOR SENTENCES OF IMPRISONMENT IN ENGLAND RECOMMENDS A NEW, TWO-TIERED PENALTY STRUCTURE IN WHICH SENTENCING FLEXIBILITY IS PROPORTIONATE TO THE SERIOUSNESS OF THE CASE.

Abstract

MAXIMUM PENALTIES OF IMPRISONMENT IN ENGLAND DEVELOPED LARGELY AS A RESULT OF HISTORICAL ACCIDENT. THE STRUCTURE OF THE PRESENT PENALTY SYSTEM WAS FIRST FORMULATED IN THE FIVE CRIMINAL LAW STATUTES OF 1861, WHICH CONSOLIDATED THE EXISTING LAW IN RELATION TO MAJOR OFFENSES. COURTS BEGAN IN THE LATE 19TH CENTURY TO ESTABLISH THEIR OWN NORMAL RANGE OF PENALTIES AND TO SHORTEN SENTENCES WHICH WERE GENERALLY HELD TO BE TOO LONG. THIS SYSTEM OF NORMAL RANGE PENALTIES, RATHER THAN THE SYSTEM OF MAXIMUM PENALTIES, GUIDES SENTENCING PRACTICES TODAY. THE PRINCIPLES OF DETERRENCE GOVERNED THE PENALTY SYSTEM UNTIL 1895, WHEN THE GLADSTONE COMMITTEE COMBINED DETERRENCE WITH REHABILITATION. THIS REFORM MOVEMENT REACHED ITS APOGEE IN THE 1920'S AND 1930'S. HOWEVER, SINCE THE 1950'S, THE EMPHASIS HAS SWUNG BACK TO THE OLDER VIEW OF PRISONS AS INSTITUTIONS OF CONTAINMENT WITH SOME ASSISTANCE OFFERED TO OFFENDERS. THE NEW PENALTY SYSTEM RECOMMENDED IN THIS REVIEW FOLLOWS A TWO-TIERED SENTENCING STRUCTURE, IN WHICH THE DEGREE OF FLEXIBILITY IN PASSING A SENTENCE IS MADE PROPORTIONATE TO THE SERIOUSNESS OF THE CASE AND THE SENTENCING PROBLEMS IT POSES. FOR THE ORDINARY CASE, A NARROWING OF SENTENCING DISCRETION IS PROPOSED, WITH THE PROJECTED NEW MAXIMUMS SET AT A LEVEL COMPRISING ALL CASES. FOR THE EXCEPTIONAL CASE, A BROADENING OF EXISTING DISCRETION IS PROPOSED. THE MAXIMUM PENALTIES PROPOSED ARE FIXED AT THE POINT BELOW WHICH 90 PERCENT OF PRISON SENTENCES BETWEEN 1974 AND 1976 HAVE FALLEN FOR EACH INDIVIDUAL OFFENSE. EXCEPTIONAL SENTENCES SHOULD BE DESIGNED ONLY FOR THE PUBLIC'S PROTECTION. PROCEDURES FOR SUCH SENTENCES ARE EXPLAINED. RECOMMENDATIONS ALSO COVER LIFE IMPRISONMENT, THE PENALTY FOR MURDER, SUSPENDED SENTENCES, COMBINED SENTENCES, AND CRIMINAL BANKRUPTCY. A LIST OF PRINCIPAL RECOMMENDATIONS, 21 APPENDIXES, TABLES OF STATUTES AND CASES, AND AN INDEX ARE INCLUDED. (PRG)