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Sentencing and Criminal Justice 7th Edition

Sentencing and Criminal Justice 7th Edition

Author: Andrew Ashworth; Rory Kelly
Publisher: Hart Publishing
ISBN: 9781509936281

Previous Edition ISBN: 9781107652019
Published In: August 2021
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

List Price: HKD 545.87

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This revised and updated new edition focuses on major developments in sentencing law, practice and theory. Sentencing in England and Wales is now dominated by Sentencing Council guidelines, and scrutiny of those guidelines is central to this book. Issues of principle are identified and discussed, to include the constitutional position of the Sentencing Council; the meaning of, and challenges to, proportionality; and the sentencing of BAME offenders and women offenders.

The book welcomes the new Sentencing Code, introduced as the Sentencing Act 2020, and critically examines the government's plans for sentencing reform, set out in the 2020 White Paper 'A Smarter Approach to Sentencing'. Throughout the book, sentencing is explored in its wider criminal justice context – making it essential reading for courses on sentencing, criminal justice and criminal law.

1. An Introduction to English Sentencing

1.1. Courts and Crimes

1.2. The Available Sentences

1.3. The General Statistical Background

1.4. What is Sentencing?

1.5. The Principal Sources of Sentencing Law

1.6. Conclusions

2. Sentencing, the Sentencing Council and the Constitution

2.1. The Separation of Powers in Sentencing

2.2. The Constitutional Position of the Sentencing Council

2.3. The Judiciary, the Executive and Sentencing Policy

2.4. The Judicial College

2.5. The Position of the Magistracy

2.6. European Union Law

2.7. The European Convention on Human Rights

2.8. Conclusions

3. Sentencing Aims, Principles and Policies

3.1. The Aims of the Criminal Justice System

3.2. The Role of the State

3.3. The Rationales of Sentencing

3.4. Some Principles and Policies

3.5. Sentencing Rationales in Practice: Deterrence

3.6. The Role of Public Opinion

3.7. Conclusions

4. Proportionality and Seriousness

4.1. The Proportionality Principle

4.2. Opinions about Offence-seriousness

4.3. Developing Parameters of Ordinal Proportionality

4.4. Offence-seriousness in Practice

4.5. Individual Culpability

4.6. Proportionality and Offence-seriousness

5. Aggravation and Mitigation

5.1. Some Preliminary Problems of Principle

5.2. Aggravation as Increased Seriousness

5.3. Mitigation as Diminished Seriousness

5.4. Personal Mitigation

5.5. Assisting the Criminal Justice System

5.6. Mitigation and Aggravation in Practice

5.7. Conclusions

6. Equality Before the Law

6.1. The Principle and its Challengers

6.2. Race

6.3. Gender

6.4. Employment Status

6.5. Financial Circumstances

6.6. Social Status

6.7. Equality, Parsimony and Risk

7. Custodial Sentencing

7.1. The State of the Prisons

7.2. The Use of Imprisonment

7.3. Principles for the Use of Custodial Sentences

7.4. On the Cusp of Custody

7.5. Medium-to-Long Custodial Sentences: Release on Licence

7.6. Long Custodial Sentences

7.7. Conclusions

8. Non-custodial Sentencing

8.1. A Brief History

8.2. The Absolute Discharge

8.3. Conditional Discharges and Bind-overs

8.4. Compensation Orders

8.5. Fines

8.6. The Community Sentence

8.7. Deferment of Sentence

8.8. Conclusions

9. Persistence, Prevention and Dangerousness

9.1. Historical Introduction

9.2. Four Approaches to Punishing Persistence

9.3. Previous Convictions and the Current Law

9.4. The Problem of ‘Professional’ Criminals

9.5. Persistent Petty Offenders

9.6. Behaviour Orders

9.7. Minimum Sentences

9.8. Sentencing ‘Dangerous Offenders’

9.9. Conclusion

10. Multiple Offenders and Totality

10.1. Charging the Multiple Offender

10.2. The Problems of Sentencing Multiple Offenders

10.3. Guidelines on Sentencing Multiple Offenders

10.4. Totality: Time for a Fresh Start?

11. Behaviour Orders and Ancillary Orders

11.1. Outlining the Current Law

11.2. Prevention, Punishment and the ASBO

11.3. Behaviour Orders on Conviction

11.4. Behaviour Orders on Application

11.5. Ancillary Orders

11.6. Revisiting the Nature of the Orders

11.7. Sentencing for Breach of a Behaviour Order

12. Special Sentencing Powers

12.1. Young Offenders

12.2. Young Adult Offenders

12.3. Mentally Disordered Offenders

13. Procedural Issues at Sentencing

13.1. The Factual Basis for Sentencing

13.2. The Defendant’s Record

13.3. The Role of the Prosecution

13.4. Pre-sentence Reports

13.5. Defence Speech in Mitigation

13.6. The Obligation to Give Reasons for Sentence

13.7. The Role of the Victim

14. Sentencing, Guidelines and the Punitive State

14.1. The Responsibility of Sentencing

14.2. Rule-of-law Values, Discretion and Guidelines

14.3. Guidelines and Penal Moderation

14.4. Risk, Prevention and Public Protection

14.5. Stepping Back from the Punitive State"

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