NCJ Number
212389
Journal
Punishment & Society Volume: 7 Issue: 4 Dated: October 2005 Pages: 419-439
Date Published
October 2005
Length
21 pages
Annotation
This article identifies the ways in which Great Britain's Criminal Justice Act 2003 undermines the Government's Women's Offending Reduction Program and exposes more women to the risk of imprisonment.
Abstract
The Women's Offending Reduction Program aims to coordinate initiatives that target women's offending and the criminogenic factors that underlie it. Reduction in the imprisonment of women has been designated a priority; however, two provisions of the Criminal Justice Act 2003 could possibly impede the reduction of custody for women. One provision is the reformulation of the concept and role of proportionality in sentencing. The Act extends the sentencing powers of magistrates; provides all sentencers with a wider selection of custodial sentences; and increases women's custodial eligibility by expanding their risk of violating a court order. Although guidance by the Court of Appeal has urged restraint in the use of custody, sentencing guidelines provide only a weak mechanism for compliance within a judicial structure that values individual discretion. A second provision of the Act that is likely to increase custody for women is the replacement of existing sentences of 12 months or less with a new range of custodial options. A major barrier to constructive change that will benefit women offenders is that those who developed an enlightened strategy for women offenders are not in charge of sentencing policy or practice, and they are relatively powerless in the hierarchy that forges government policy. 22 notes and 54 references