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Flashcards in 9 - History Deck (10)
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1
Q

David Thomas QC 2002…

A

‘In early English criminal law, sentencing was a simple matter. The penalty for felony was death; the penalty for a misdemeanor was unlimited imprisonment or an unlimited fine.’

2
Q

In early English criminal law

After this…

A

After this many criminals were transported to the British colonies as judges were concerned about the amount of prisoners they were executing.

Described as a ‘lottery of justice’

However established principle that the judge had total discretion when sentencing.

3
Q

Between 1820 and 1860…

A

Between 1820 and 1860 most statutes providing for the death penalty were repealed.

Death penalty was replaced by periods of transportation

4
Q

Disagreements & compromise…

A

‘Rather than transportation for a fixed penalty…there should be transportation for any period between 7 years and life’

Beginning of Mandatory penalty for a fixed period - with judge using discretion in setting actual period

5
Q

In 1861…

A

In 1861 most of the criminal law was consolidated in a series of major statutes which provided foundations of the law for the next 100 years.

6
Q

Death penalty restricted…

A

Death penalty restricted to small number of offences (abolished in 1965)

7
Q

Principle of judicial discretion…

A

Principle of judicial discretion in determining the lengths of sentences had become fixed in law

8
Q

Turn of 20th century…

A

Turn of 20th century introduction of wider range of sentencing powers

Expanded number of sentencing powers available to courts

Continually expanding number of sanctions Judges and Magistrates have at their disposal

Concern over ‘net widening’

Judge only obliged to imprison in exceptional cases

Judge decided length of sentence

Parliament states maximum permitted for certain type of crime

9
Q

The Path of Sentencing Policies & Politics

1979, 1980’s, 1991

A

1979 general election won on the ‘law & order’ ticket by the Conservatives

1980’s led to a settled government looking at policies aimed at:
Consistency &
Rationality in sentencing

Criminal Justice Act 1991

Aims of CJA 1991 was to move away from cafeteria style of sentencing

To promote clarity and consistency

Just deserts was installed as the rationale for sentencing policy

Exception was public protection cases where incapacitation was encouraged.

Rehabilitative consideration influential when choosing a community order

10
Q

The Path of Sentencing Policies & Politics

1992, 1997

A

Some magistrates and judges objected to their discretion being eroded

Government policy changed with new Home Secretary Michael Howard

Proclaimed ‘prison works’ in 1992

Introduced measures:
Curtailment of the right of silence
Changes to disclosure of evidence

No challenge from the opposition for fear of label of ‘soft on crime’

New labour (1997) bewildering mix of policies:

Crime prevention became a priority

Rehabilitative initiatives (accredited programmes) in prison and the community

Restorative Justice Elements mainly youth justice

Little official discontent recorded against the rising prison population

1993: 42,000
1997: 61,000
2002; 70,000

Emphasis on persistent offenders

Greater severity for repeat offenders

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