NCJ Number
140755
Date Published
1989
Length
4 pages
Annotation
For many years, appeals against inappropriate custodial sentences in England have been seen by many practitioners as one of the most effective ways of reducing the number of custodial sentences for juvenile offenders.
Abstract
England's 1988 Criminal Justice Act tightened the criteria to be satisfied before giving young offenders a custodial disposition. The Act stipulates that a court cannot pass a sentence of detention in a young offender institution or pass a sentence of life custody unless it is satisfied that the circumstances of the offense warrant such a sentence. Offenders qualify for a custodial sentence if they have a history of not responding to noncustodial penalties, if public safety would be jeopardized by not having them in custody, or if they are convicted of a serious offense. Many appeals of custodial sentences have been successful. Between 1980 and 1987, 60 percent of appeals against detention center orders and youth custody sentences were changed to a noncustodial penalty or a shorter sentence. Tighter provisions contained in the Criminal Justice Act will further increase the chance of successful appeals against inappropriate custodial sentences, particularly in the case of young adult offenders between 17 and 20 years of age.