The Sentencing Guidelines: Reflection and Reform
| Author | Alec Samuels |
| Date | 01 June 2020 |
| DOI | 10.1177/0022018320926469 |
| Published date | 01 June 2020 |
| Subject Matter | Comment |
The Journal of Criminal Law
2020, Vol. 84(3) 246–248
The Sentencing Guidelines:
ª The Author(s) 2020
Article reuse guidelines:
Reflection and Reform
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DOI: 10.1177/0022018320926469
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Alec Samuels
University of Southampton, UK
Abstract
A consideration of the current sentencing principles, the Sentencing Guidelines, and the dif-
ficulties that have emerged. A discussion of the changing sentencing principles, and the need for
reform. Readers are urged to respond to the consultation.
Keywords
Sentencing, guidelines, merits, limitations, consultation
The principal purpose of the Sentencing Council (Coroners and Justice Act 2009 part 4 sentencing ss
118–136) is the preparation and publication of the Sentencing Guidelines, to promote consistency
(subject to the independence of the judiciary), to recognise the impact upon the victim, to gain public
confidence and effectively to prevent or to reduce reoffending.
The common law has long recognised the fundamental principles of the just and fair trial, the dignity
accorded under human rights, and the proportionate sentence, prison as the last resort.
The statutory purposes of sentencing are most clearly set out, Criminal Justice Act 2003s 142, an
excellent starting point:
Any court dealing with an offender in respect of his offence must have regard to the following
purposes of sentencing –
a.
the punishment of offenders,
b.
the reduction of crime (including its reduction by deterrence),
c.
the reform and rehabilitation of offenders,
d.
the protection of the public, and
e.
the making of reparation by offenders to persons affected by their offence.
The Sentencing Council is now in 2020 seeking views in consultation What Next for the Senten-
cing Council? The Criminal Law Review has produced a special issue Sentencing [2020] Crim L
issue 5 pp. 369–435. Professor Sir Anthony Bottoms has produced A Report on Research to Advise
on how the Sentencing Council can best...
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