An article examined the use in England and Wales of community-based one-stop shop centres for women, in an attempt to avoid custodial sentences. Drawing on interviews with judges and magistrates, it said that the provision of community support had been welcomed, but further changes might be required before one-stop shops were seen by sentencers as an alternative to custody.
Source: Carol Hedderman and Clare Gunby, 'Diverting women from custody: the importance of understanding sentencers' perspectives', Probation Journal, Volume 60 Number 4
Links: Abstract
Date: 2013-Dec
An article examined the use of sentencing guidelines for assault issued in England and Wales, and the consistency with which they were applied by crown court judges. The results pointed to a 'substantial degree' of consistency in sentencing.
Source: Jose Pina-Sanchez and Robin Linacre, 'Sentence consistency in England and Wales: evidence from the Crown Court Sentencing Survey', British Journal of Criminology, Volume 53 Number 6
Links: Abstract
Date: 2013-Nov
The government began consultation on proposals to reform policy on the use of out of court disposals. The government also issued revised guidance to police forces on the use of cautions.
Source: Consultation on out of court disposals, Ministry of Justice
Links: Consultation document | Guidance | MOJ press release | BBC report | Telegraph report
Date: 2013-Nov
A new book examined sentencing in criminal justice as a social activity, and the particular challenges it faced as a force for social cohesion. It focused on key areas of debate within the field, including: the treatment of gender and race in sentencing; the future role of sentencing in criminal justice governance; and the development of new criteria for evaluating sentencing within a more socially inclusive framework.
Source: Ralph Henham, Sentencing: Time for a paradigm shift, Routledge
Links: Summary
Date: 2013-Sep
A paper called for the abolition of imprisonment for pure property offences. In the case of those that did not involve violence, threats, or sexual assault – including theft, handling of stolen goods, criminal damage, and fraud – the priority should be to ensure that victims were adequately compensated for their losses, perpetrators made amends for the harm they caused, and society showed its condemnation of the crime. Rather than incarcerating those who committed these offences, fines and community sentences would be more effective and proportionate responses that did not require a total loss of liberty.
Source: Andrew Ashworth, What If Imprisonment Were Abolished for Property Offences?, Howard League for Penal Reform
Links: Report | HLPR press release | Guardian report | Telegraph report
Date: 2013-Aug
The European Court of Human Rights ruled that whole-life jail sentences without any prospect of release amounted to inhuman and degrading treatment of prisoners, and were therefore a violation of the European Convention on Human Rights.
Source: Vinter and Others v The United Kingdom, European Court of Human Rights
Links: Judgement | ECHR press release | Guardian report
Date: 2013-Jul
A briefing paper said that there was growing frustration among prisoners still serving indeterminate Imprisonment for Public Protection (IPP) sentences. Prisons had insufficient resources to deliver IPP sentences effectively, with the result that the sentences undermined staff credibility, caused inmates to be treated unfairly, and often meant that officers were unable to help prisoners progress. All short-tariff IPP prisoners should be provided with a clear strategy to manage their safe release into the community before the end of 2013. This could be achieved by converting all IPP sentences with short minimum tariffs into determinate sentences.
Source: The Never-Ending Story: Indeterminate sentencing and the prison regime, Howard League for Penal Reform
Links: Briefing | HLPR press release
Date: 2013-Jun
A new book examined the reformed sentencing guidelines of England and Wales in international perspective. It discussed a range of issues raised by the guidelines, including the role of public opinion and of crime victims in developing them.
Source: Andrew Ashworth and Julian Roberts (eds), Sentencing Guidelines: Exploring the English model, Oxford University Press
Links: Summary
Date: 2013-Jun
A study examined attitudes to, and perceptions of, sentencing and the criminal justice system, drawing mainly on the 2010-11 Crime Survey for England and Wales. Attitudes to sentencing had changed little since 1996: most people thought that the courts were too lenient. Views about the effectiveness of the criminal justice system appeared to be fairly stable: after long-term falls in trust and confidence, this trend had changed in 2003 to one of stability, and even a slight increase in public confidence in the police.
Source: Mike Hough, Ben Bradford, Jonathan Jackson, and Julian Roberts, Attitudes to Sentencing and Trust in Justice: Exploring trends from the Crime Survey for England and Wales, Ministry of Justice
Links: Report | Tables (spreadsheet)
Date: 2013-May
A report said that all victims of crime should be offered restorative justice, regardless of the age of the offender. A lack of maturity among young adults could have an impact on the practice of restorative justice, with an increased tendency for young adults to have chaotic lifestyles, dependence on family members, low levels of emotional literacy, difficulties in accepting responsibility, and a lack of a sense of agency. The report recommended that restorative practitioners be made aware of these challenges, and suggested ways in which each could be handled successfully.
Source: Ian Marder, Restorative Justice for Young Adults: Factoring in maturity and facilitating desistance, Restorative Justice Council
Links: Report | RJC press release | BCT press release
Date: 2013-May
An analysis found that people who had been convicted of a crime in England and Wales faced a 'postcode lottery' when they were sentenced, with some magistrates' courts four times more likely than others to send them to prison. A growing number of magistrates' courts were making good use of community sentences: but some were still imposing prison sentences in cases where they were unnecessary.
Source: Press release 22 April 2013, Howard League for Penal Reform
Links: HLPR press release | Telegraph report
Date: 2013-Apr