NCJ Number
99103
Journal
Criminal Law Review Dated: (December 1984) Pages: 708-725
Date Published
1984
Length
18 pages
Annotation
This article discusses reforms in British trial procedure and sentencing law and practices proposed by the Hodgson Committee in its 1984 final report.
Abstract
The report recommends that a new power of confiscation of profits of an offense be made available to the criminal courts, that in such cases the sentence should be fixed, and that the defendant's cooperation and size of the resultant confiscation order should be taken into account in fixing the sentence. The report also advocates victim compensation. It recommends that financial reparation be limited by reference to the means of the offender and that current restrictions on the award of compensation to the victim's dependents be removed. The report also considers the possibility of establishing a compensation fund to increase the efficiency and integration of the various existing means of victim compensation. In the areas of restitution and forfeiture of stolen goods, the report recommends that the proposed compensation guidelines be followed and that the prosecutor play a greater role in assisting the court by providing evidence or argument on restitution matters. Finally, in considering the priority of punishment and redress, the report suggests that orders for the payment of money or transfer of property should be taken into account in calculating sentencing. This article concludes that although the report sometimes overstates its case, it should make a significant contribution to the thoughtful discussion of penal affairs. A total of 91 footnotes are included.