NCJ Number
138554
Journal
University of California, Davis Law Review Volume: 25 Issue: 3 Dated: (Spring 1992) Pages: 755-771
Date Published
1992
Length
17 pages
Annotation
The English Criminal Justice Act of 1991 introduced a non-numerical sentencing guidance scheme in which courts are given clear guidance on the rationale for sentencing and on the approach they should adopt, but are left to work out the details, subject to appellate review.
Abstract
The government's statement of legislative intent, which preceded the new law, voiced three concerns over the sentencing structure that was then in place. First, there were few guideline judgments, and they covered only a small number of crimes; there was no overall rationale for sentencing in the English system; and the courts used custody to excess. The Criminal Justice Act introduced proportionality as a rationale for sentencing, deeming that offense seriousness should determine the type and length of sentence to be imposed. The Act prohibits courts from lengthening sentences purely for reasons of deterrence, although it does allow longer incapacitative sentences under certain circumstances. The law contains 102 sections and 13 schedules and offers three primary sentencing provisions: financial penalties, community sanctions, and custodial sentencing. Crime seriousness is determined in part by presentence reports, aggravation and mitigation, previous records, and multiple offenses. 59 notes