Exploring the punitive surge: Crown Court sentencing practices before and after the 2011 English riots

Abstract

The English summer riots of 2011 resulted in the criminal justice system having to process an unprecedented number of offenders in a short timeframe. This study explores sentencing practice in the wake of the riots using the 2011 Crown Court Sentencing Survey. A multilevel model was implemented to specify the probability of receiving a custodial sentence for offences of commercial burglary. This model allows exploring differences in sentencing before and after the riots. An increased probability of receiving a custodial sentence in the post-riot period was identified. An increase in variability was also detected, changing from a state of almost perfect consistency to one in which substantial variation was observed between courts. Custodial rates for burglary increased to a level associated with more serious offences, thereby undermining the principle of proportionality. This, as well as the increased dispersion between courts, challenges other principles such as legal certainty and transparency.