NCJ Number
73852
Journal
Home Office Resarch Bulletin Issue: 10 Dated: (1980) Pages: 16-19
Date Published
1980
Length
4 pages
Annotation
This paper summarizes the conclusions of a larger English study investigating courts in West Yorkshire and their use of the power to defer sentences. Particular attention is given to the implications for probation and after-care service.
Abstract
The study was undertaken between October 1977 and February 1980. Data were collected from a record search of all 392 cases in which sentence was deferred in West Yorkshire in 1977. They were also gathered from interviews with sentencers, advisers, and offenders in all 50 cases where sentence was deferred by courts between October 1978 and February 1979 and from 38 self-administered questionnaires distributed to magistrates attending a conference at the University of York in 1978. Overall, deferment seemed to be used for offenders with a significant but not a grave history of previous convictions who were on the fringes of entry into penal institutions. Courts in West Yorkshire deferred sentence on a higher proportion of offenders convicted of burglary. Over 80 percent of all deferments resulted from offenses involving dishonest gain. Deferment was usually for a period of 6 months. Noncustodial sentences were imposed in 83 percent of those cases in which further offenses had not been committed during the deferment period. These sentences were usually conditional discharges, fines, or suspended sentences. Evidence suggests that deferment is used in a residual way for special cases which do not fit clearly into an appropriate sentencing category and as a form of diversion. There is substantial agreement between sentencers and advisers that the ideal cases for deferment are those in which the offender is prepared to commit himself to achieve some change and cases in which there were prospects of effective social work or medical help. Five specific proposals deal with experimental research in deferment and the clarification of court rulings on deferment. Four references are included.