NCJ Number
138763
Date Published
1992
Length
27 pages
Annotation
England's Criminal Justice Act of 1991 establishes new statutory criteria for custodial sentences and makes changes related to discharges, binding over, financial penalties, and community sentences.
Abstract
The act stipulates that a court cannot impose a custodial sentence on an offender unless it has determined that the offense is serious enough or the offense is violent or sexual in nature. Consideration must be given in custody decisions to both offense seriousness and harm criteria. The act specifies that the length of a custodial sentence should be commensurate with the offense's seriousness. In addition, the act contains provisions relevant to early prisoner release, presentence reports, mentally disordered offenders, suspended or partially suspended sentences, extradited offenders, maximum penalties, discretionary life sentences, and offenders under 18 years of age. The act distinguishes between absolute and conditional discharges and defines binding over as the substitution of recognizance for punishment. Other provisions deal with fines, compensation orders, and community sentences (attendance center, probation, supervision, community service, combination, and curfew orders). 7 references