Sentencing: New trajectories in law By E.A.O. Freer, Abingdon: Routledge. 2021. pp. 131. £44.99 (hbk); pp. 146. £16.99 (pbk). ISBN: 9780067862619; 9781032063027
| Published date | 01 March 2023 |
| Author | Avril M. Brandon |
| Date | 01 March 2023 |
| DOI | http://doi.org/10.1111/hojo.12518 |
DOI: 10.1111/ho jo.12518
BOOK REVIEWS
Sentencing: New trajectories in law
By E.A.O. Freer, Abingdon: Routledge. 2021. pp.131. £44.99 (hbk); pp. 146. £16.99 (pbk).
ISBN: 9780067862619; 9781032 063027
Avri l M. Br and on
Maynooth University
Email: Avril.Brandon@mu.ie
The author of this book, Elaine A.O. Freer, makes evident that the work does not attempt to
cover all sentencing law, nor is it a systematic analysis of sentencing comments. Rather, the aim
is to examine what can be understood as the five statutory sentencing aims and objectives that
judges must consider in England and Wales: punishment; deterrence; rehabilitation; protection;
and reparation (Sentencing Act 2020, s. 57(2)). Moreover, rather than viewing these aims from an
abstract perspective, the author seeks to shed light on their implementation in practice – examin-
ing the process and purpose of sentencing, beyond the confines of its legalistic aspects. Todo this,
the author draws on cases in which the author,a practising barrister, was involved, and comments
made by judges during sentencing. Chapters are titled and ordered by sentencing aim, allowing
the reader to engage in the chapters on a stand-alone basis or as a whole. This book focuses only
on the sentencing of adults.
The introductory chapter does, as the author notes, the ‘heavy lifting’ (p.19) in laying the
foundations for this text. The author provides concise but comprehensive information on sentenc-
ing disposals in England and Wales, referencing legislation extensively throughout. This greatly
enhances the accessibility of the book to a wide audience, appealing to those at all stages of
academia, researchers and legal practitioners. Those with a limited background in law will find
this chapter to be particularly insightful and relevant when engaging with the rest of the book.
The first chapter considers sentencing as a means of punishment. The author suggests that ‘the
criminal justice system has adopted an overly simplistic obsession with punishment, driven by
politicians’ misunderstanding of what the public actually want to happen to those who break
the social contract by offending’ (p.21). To that end, they question whether imprisonment is
the punishment or for punishment, discussing Sykes’s (1958) pains of imprisonment. Reflecting
on whether punishment can be administered via other sentence types, the author posits that
legislature has overlooked the individual experience of punishment – that is, that each person
experiences punishment differently,based on their own circumstances. For some, the deprivation
of liberty through imprisonment may be less impactful than a community order sentence. Within
this scope, the author notes the impact of gender, and the additional pains of imprisonment that
can be observed in the 21st century. The author also reflects on public misunderstandings of
sentences, fuelled in part by erroneous media reporting. The author concludes that a modern
approach to punishment should consider the factors that lead to offending, and moreover, that
© 2023 The Howard League and John Wiley & Sons Ltd.
142 wileyonlinelibrary.com/journal/hojo HowardJ. Crim. Justice. 2023;62:142–146.
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