Non-custodial Sentences Research Articles

Bargain Justice or Justice Denied? Sentence Discounts and the Criminal Process

This article reports the result of an empirical investigation into the operation of sentence discounts in the Crown Court. It focuses, in particular, on the extent to which judges comply with section 48 of the Criminal Justice and Public Order Act 1994 and discusses (inter alia) the relationship between sentence discounts and the nature of the charges faced by the defendant, the strength of the prosecution case and the choice between custodial and non-custodial sentences. It also examines the relative use made of sentence discounts and the nature and relevance of Court of Appeal guidance. The article begins by describing the socio-legal context in which sentence discounts operate and, following description of the research methodology and presentation of the results, concludes with an assessment of the implications of the research for sentencing policy and practice.

Improving our Practice of Sentencing

Restorative justice should have greater weight as a criterion in criminal justice sentencing practice. It permits a realistic recognition of the kinds of harm and damage caused by offences, and encourages individualized non-custodial sentencing options as ways of addressing these harms. Non-custodial sentences have proven more effective than incarceration in securing social reconciliation and preventing recidivism, and they avoid the serious social and personal costs of imprisonment. This paper argues in support of restorative justice as a guiding idea in sentencing. As part of this defence, it considers whether the use of the idea of restorative justice will conflate criminal law with civil law or displace the authority of the criminal courts, and whether the sentences it recommends are best thought of as punishments or alternatives to punishment.

MAD OR BAD?: Child-Killers, Gender and the Courts

This article reports some of the findings of a research project on child-killing by parents or parent-substitutes, drawing on a sample of 48 case files from the Director of Public Prosecutions in London from 1984, and a sample of 24 fatal and 23 non-fatal cases reported in the Criminal Appeal Reports and Criminal Appeal Reports (Sentencing) between 1980-90. It was found that the criminal justice system responds very differently to men and women who kill their children at all stages of the legal process, in accordance with the view that men are bad and normal, women are mad and abnormal'. For example, women are less likely than men to be prosecuted; they also predominately use psychiatric' pleas and receive psychiatric or non-custodial sentences. Men, however, tend to use normal' pleas and receive prison sentences. Although this appears to be evidence of men being treated more harshly than women, it is demonstrated that there is some justification for this, on the basis of standard sentencing factors and broader structural reasons. It is also shown that informal mechanisms of social control have a greater impact on the legal processing of women than men. Nonetheless, such dramatically different treatment of the sexes cannot be justified. The paper concludes by suggesting ways to remedy this, drawing on more general criminological debates about sex and sentencing

Underpunishing offenders: Towards a theory of legal tolerance

Underpunishing offenders: Towards a theory of legal tolerance

Remands and Psychiatric Assessments in Holloway Prison

Non-psychotic remand prisoners who were referred by Holloway's doctors to outside psychiatrists, or who were the subject of court reports, or who were diagnosed as mentally handicapped, were followed up to the time of sentence. Most of the referred women were minor offenders with diagnoses of mental handicap or personality disorder. They were usually refused beds on treatability criteria and then released with non-custodial sentences. Some were highly disturbed, and it seemed that the police who charged them, the courts who remanded them and the prison psychiatrists who referred them, all found it hard to accept that psychiatry had so little to offer these people. Local health and social services need to address the problems raised by this small group of women. Arsonists more often obtained beds than minor offenders, and were likely to be imprisoned when hospital places were not forthcoming.

A STUDY OF SENTENCING IN THE LEEDS MAGISTRATES' COURTS

A survey conducted in Leeds magistrates' courts over a nine-month period in 1988 collected data on 3,700 defendants charged with offences triable either way (summarily or on indictment). Analysis was undertaken to determine whether any racial bias was apparent in the treatment of Afro Caribbean and Asian as compared with white defendants. In sentences passed by magistrates no overall differences were detected between the different ethnic groups. In three sub-groups—defendants in the 26-30years age group, female defendants, and those charged with theft—significantly more offenders of Afro-Caribbean origin did receive custodial sentences. However, in each case the variation in sentencing was accountedfor by the criminal record of the defendant. No significant difference could be detected in the passing of non-custodial sentences; however, significantly more Afro-Caribbean than white defendants were committed by magistrates for trial at the Crown Court.

Economic pragmatism and the ideology of sexism: Prison policy and women

For many years, women prisoners have been denied the same facilities and services as men and their particular needs have been overlooked. Corrections practices and policies reflect not only attention to cost-cutting and economies of scale, but also an ideology of sexism. This article gives examples of the unequal and inadequate treatment of women in prison in Victoria, Australia, and then takes four policy issues which have negative consequences for women. Analysis of female prison populations points to the need for non-custodial sentences, affirmative action in vocational/work areas and programmes for drug abusers. For too long, governments have emphasized control, punishment and smooth management to the exclusion of facilities and programmes that respond to the needs of clients.

Community Service for Juveniles? A Critical Comment

There is now convincing evidence that the diversionary efforts of CS are in the region of only 45-50 per cent, and that the sentence is used as an alternative to other non-custodial sentences, and as a disposal in its own right. The author reviews this evidence and argues that the Government should seriously reconsider its proposal to extend CS to sixteen year olds if there is a real commitment to reducing custodial sentences, and to eliminating some of the other unanticipated—and undesirable—consequences of the availability of CS.