NCJ Number
161121
Journal
Journal of Sexual Aggression Volume: 1 Issue: 2 Dated: (1994/95) Pages: 114-125
Date Published
1995
Length
12 pages
Annotation
In England, judges send sex offenders to prison or young offender institutions for periods consistent with guidelines promulgated by the Criminal Division of the Court of Appeal.
Abstract
When the offense is not considered serious or circumstances are exceptional, judges may impose a community sentence. In their individual and collective capacities, judges in England find themselves at the focal point of a dynamic debate associated with social, cultural, and political shifts. Nonetheless, in the sphere of criminal law, reasonable consistency in sex offender sentencing is required. The Criminal Justice Act of 1991 departs from the practice of prescribing maximum sentences and instead gives judges more discretion. As amended in 1993, this act stipulates sex offenders should not be locked up unless the current offense or one or more associated offenses is so serious that only a custodial sentence can be justified. Consideration is paid to the just deserts principle of punishment, the need to protect the public from harm, sentencing guidelines, and political influences on the sentencing process. The importance of judicial education to help judges make consistent and appropriate sentencing decisions for sex offenders is emphasized. 6 references