Abstract

A new framework for criminal sentencing is under consideration for England and Wales. In a policy paper published in February 2001, the Home Office (2001a) announced it was considering basic changes in sentencing policy which would place substantially more emphasis on the offender’s previous criminal record than has been permissible under the desert-oriented approach embodied in the Criminal Justice Act 1991.2 There followed, in the summer of the same year, a ‘Sentencing Framework Review’ by a senior civil servant, John Halliday (Home Office 2001b, hereafter referred to as the ‘Halliday Report’), which offers various options for change, but ones in which this increased emphasis on the criminal record is an assumed central element.

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