Fail better: sentencing to protect the public or to restore justice?

Abstract

This article reviews the research into the effectiveness of sentencing in preventing crime in England and Wales. It then discusses the impact that a restorative justice perspective could have on sentencing in criminal cases. It argues that such an approach would enhance the quality of justice for both victims and perpetrators and lead to improved outcomes in relation to victims’ recovery from the harm of crime and to perpetrators’ reintegration and desistance from offending. Greater participation in the process of justice would also increase public confidence in the criminal justice process and reduce the pressure to imprison so many people.