NCJ Number
67139
Date Published
1980
Length
60 pages
Annotation
A BRIEF LEGISLATIVE REVIEW OF THE SUSPENDED SENTENCE LEGISLATION OF ENGLAND IS PRESENTED, AND AN ASSESSMENT OF THE PLACE OF THE SUSPENDED SENTENCE IN THE ENGLISH PENAL SYSTEM IS HIGHLIGHTED.
Abstract
THE SUSPENDED SENTENCE WAS INTRODUCED INTO ENGLISH LAW BY THE CRIMINAL JUSTICE ACT OF 1967, WHICH CAME INTO FORCE IN JANUARY 1968. IT WAS THE FIRST NEW SENTENCING OPTION FOR THE ADULT OFFENDER SINCE THE STATUTORY CREATION OF PROBATION 60 YEARS AGO. ABOUT 30,000 PEOPLE HAVE BEEN SENTENCED UNDER THE ACT EACH YEAR SINCE ITS INCEPTION. IN THE CROWN COURT, IT IS THE MOST FREQUENTLY IMPOSED PENALTY FOR ADULT FEMALES AND THE SECOND MOST COMMON PENALTY FOR ADULT MALES. FOR ADULT MALE INDICTABLE OFFENDER IN ALL COURTS, IT IS IMPOSED MORE THAN TWICE AS FREQUENTLY AS PROBATION. DESPITE THE NUMERICAL IMPORTANCE OF THE SUSPENDED SENTENCE, IT HAS REVIEWED REMARKABLY SCANT CRITICAL ATTENTION FROM ENGLISH PENOLOGISTS. PARLIAMENTARY CONTROVERSY OVER SUSPENDED SENTENCE PROVISIONS HAS MARKED ITS LEGISLATIVE HISTORY. HOWEVER, DATA ARE NOW AVAILABLE IN THE OFFICIAL STATISTICS TO TEST MOST OF THE PREDICTIONS ARISING FROM SUCH DEBATES, AND CONCLUSIONS MAY NOW BE MADE CONCERNING THE RELATIONSHIP BETWEEN LEGISLATIVE INTENT AND SOCIAL RESULTS. IN ADDITION, THE PENOLOGIST MAY NOW ANALYZE THE AMBIGUOUS ELEMENT OF THE SUSPENDED SENTENCE WHICH HAS NOT BEEN CONSIDERED. THE SUSPENDED SENTENCE IS VULNERABLE TO THEORETICAL ATTACK AND ARGUMENTS OVER ITS PROVEN PRACTICAL ACHIEVEMENTS. BECAUSE THE POSSIBILITY OF ITS ABOLITION REMAINS, PENOLOGISTS SHOULD MAKE USE OF AVAILABLE DATA AND UNDERTAKE SERIOUS RESEARCH INTO MEASURING ITS EFFECTS. FOOTNOTES ARE INCLUDED. APPENDIXES PRESENT A SUMMARY OF SUSPENDED SENTENCE LEGISLATION, A DISCUSSION ON THE SUSPENDED SENTENCE AND TYPES OF OFFENSE, AND STATISTICAL TABLES. (AUTHOR ABSTRACT MODIFIED--LWM).