Reviews : Care or Custody? Mentally Disordered Offenders in the Criminal Justice System Judith M. Laing Oxford University Press, 1999; pp362; £45.00, hbk
| Date | 01 June 2000 |
| Published date | 01 June 2000 |
| Author | Herschel Prins |
| DOI | 10.1177/026455050004700226 |
| Subject Matter | Articles |
writer, unsure what the effect of the
particular circumstances of an offender’s
behaviour might be on the likely outcome,
can look up the offence and fmd guidance
as to where a proposal might appropriately
be pitched. In the brief introduction Stone
refers to the three sources for guidance:
the Magistrates’ Association Sentencing
Guidelines, the Mode of Trial Guidelines
and Court of Appeal Judgements
(including specific recent decisions
relating to the custody threshold and the
length of custodial sentences). Of the
main text, 13 of the 145 pages consist
of a summary of factors that might be
considered as personal mitigation in any
kind of case.
By far the bulk of the book is a survey
Care or Custody? Mentally
of over 30 different offence categories
Disordered Offenders in the
from arson through to USI with just about
Criminal Justice System
everything else along the way. For each
Judith M. Laing
offence there is a definition and the statute
Oxford University Press, 1999;
reference, the maximum sentence in both
pp362; £45.00, hbk
courts and, where appropriate, mode of
trial guidelines and the Magistrates’
Ten years ago to the month (January,
Association sentencing guidelines. Stone
1990) I was privileged to chair a two and
then provides detailed information to
a half day Cropwood Conference at the
guide the reader in assessing seriousness
University of Cambridge on the subject of
in any particular case together with
mentally disordered offenders. In many
various factors contributing to the type
ways this multi-disciplinary conference
and length of sentence.
paved the way for the now famous first
As this is essentially a practical book,
Home Office Circular on Diversion:
I road-tested it on a case of a Section 3
66/90. Although this occurrence is not
Public Order offence. It came through
directly referred to by Laing in her book,
with flying colours, pointing me in the
her admirable account of diversion’s
direction of aggravating and mitigating
developmental...
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