Suchergebnisse

Paying for the past : the recidivist sentencing premium -- Reductivist sentencing perspectives and the role of previous convictions -- Retributive approaches to previous convictions -- The enhanced culpability model -- Role of previous convictions : representative sentencing frameworks -- The view from the dock : perceptions of sentenced offenders -- Sentenced individuals' reactions to the recidivist sentencing premium -- The intuitive sentencer : public opinion and prior convictions -- Explaining public attitudes : the intuitive sentencer and the intuitive psychologist -- Reconceptualizing the recidivist sentencing premium

Sentencing guidelines have been slowly evolving in England and Wales since 1998. Definitive guidelines now exist for all common offences. This jurisdiction is the only one outside the United States to develop formal, numerical guidelines which are presumptively binding on courts. Despite their unique status – as the only alternative to the grid-based schemes found in many US states – the English guidelines have attracted almost no attention from sentencing scholars. This article describes the latest developments in England and Wales. As a result of the Coroners and Justice Act 2009 much has changed: a new departure test has been created, and the old statutory bodies have been replaced by a single new Council which has issued a new format of guideline which will become the model to replace the old format. These important changes are discussed and some lessons drawn for other jurisdictions seeking to structure sentencing without resort to the two dimensional sentencing grids found across the United States.

This article explores three sanctions contained in the 2002 Criminal Justice Bill which follows upon the 2002 white paper Justice for All. The Bill creates a Sentencing Guidelines Council to develop sentencing guidelines, and defines three dispositions applicable to sentences of imprisonment under twelve months: 'Custody Plus', the suspended sentence of imprisonment, and the intermittent sentence of imprisonment. These reforms constitute a significant step for the sentencing process in England and Wales, and are in part a response to the 2001 Halliday Report. The changes (among others) may well have an important impact on the prison population in England and Wales, which in October 2002 reached a record level. Since the suspended sentence of imprisonment bears close resemblance to the conditional sentence of imprisonment introduced in Canada in 1996, the article makes comparisons between the two sanctions.