The evolution of sentencing policy and practice in England and Wales, 2003–2015
Sentencing in England and Wales has evolved in a direction apart from other common law countries. Although sentencing problems found in many Western nations are present, legislative and judicial responses have been very different. The use of custody rose steeply in the 1990s and has remained stable...
| Main Authors: | , |
|---|---|
| Format: | Journal article |
| Published: |
University of Chicago Press
2016
|
| _version_ | 1797079306745151488 |
|---|---|
| author | Roberts, J Ashworth, A |
| author_facet | Roberts, J Ashworth, A |
| author_sort | Roberts, J |
| collection | OXFORD |
| description | Sentencing in England and Wales has evolved in a direction apart from other common law countries. Although sentencing problems found in many Western nations are present, legislative and judicial responses have been very different. The use of custody rose steeply in the 1990s and has remained stable around that level in recent years. Crimes of violence and sexual aggression have, however, attracted increasingly longer sentences. The other principal changes are a steep increase in indeterminate sentence offenders, now accounting for some 19 percent of the prison population, and a striking rise in the volume of suspended sentences that has reduced the use of community sentences rather than terms of imprisonment. Net widening has therefore occurred. The principal distinction between England and most other jurisdictions is that statutorily binding guidelines now exist for both magistrates’ and higher courts. Unlike most US guidelines that assign offenses to levels of seriousness within a single sentencing grid, the English guidelines are offense specific. The Sentencing Council has also issued “generic” guidelines applying to all categories of offending. The guidelines have been evolving for over a decade now and cover most common offenses. Growing, but still limited, research suggests modest positive effects on consistency and proportionality in sentencing. |
| first_indexed | 2024-03-07T00:43:57Z |
| format | Journal article |
| id | oxford-uuid:83fd132a-61b4-4c89-a24a-196c2ef32700 |
| institution | University of Oxford |
| last_indexed | 2024-03-07T00:43:57Z |
| publishDate | 2016 |
| publisher | University of Chicago Press |
| record_format | dspace |
| spelling | oxford-uuid:83fd132a-61b4-4c89-a24a-196c2ef327002022-03-26T21:48:05ZThe evolution of sentencing policy and practice in England and Wales, 2003–2015Journal articlehttp://purl.org/coar/resource_type/c_dcae04bcuuid:83fd132a-61b4-4c89-a24a-196c2ef32700Symplectic Elements at OxfordUniversity of Chicago Press2016Roberts, JAshworth, ASentencing in England and Wales has evolved in a direction apart from other common law countries. Although sentencing problems found in many Western nations are present, legislative and judicial responses have been very different. The use of custody rose steeply in the 1990s and has remained stable around that level in recent years. Crimes of violence and sexual aggression have, however, attracted increasingly longer sentences. The other principal changes are a steep increase in indeterminate sentence offenders, now accounting for some 19 percent of the prison population, and a striking rise in the volume of suspended sentences that has reduced the use of community sentences rather than terms of imprisonment. Net widening has therefore occurred. The principal distinction between England and most other jurisdictions is that statutorily binding guidelines now exist for both magistrates’ and higher courts. Unlike most US guidelines that assign offenses to levels of seriousness within a single sentencing grid, the English guidelines are offense specific. The Sentencing Council has also issued “generic” guidelines applying to all categories of offending. The guidelines have been evolving for over a decade now and cover most common offenses. Growing, but still limited, research suggests modest positive effects on consistency and proportionality in sentencing. |
| spellingShingle | Roberts, J Ashworth, A The evolution of sentencing policy and practice in England and Wales, 2003–2015 |
| title | The evolution of sentencing policy and practice in England and Wales, 2003–2015 |
| title_full | The evolution of sentencing policy and practice in England and Wales, 2003–2015 |
| title_fullStr | The evolution of sentencing policy and practice in England and Wales, 2003–2015 |
| title_full_unstemmed | The evolution of sentencing policy and practice in England and Wales, 2003–2015 |
| title_short | The evolution of sentencing policy and practice in England and Wales, 2003–2015 |
| title_sort | evolution of sentencing policy and practice in england and wales 2003 2015 |
| work_keys_str_mv | AT robertsj theevolutionofsentencingpolicyandpracticeinenglandandwales20032015 AT ashwortha theevolutionofsentencingpolicyandpracticeinenglandandwales20032015 AT robertsj evolutionofsentencingpolicyandpracticeinenglandandwales20032015 AT ashwortha evolutionofsentencingpolicyandpracticeinenglandandwales20032015 |