Sentencing Management: A New Role for the Judiciary? (From Confronting Crime: Crime Control Policy Under New Labour, P 140-155, 2003, Michael Tonry, ed. -- See NCJ-204841)

• NCJ Number: 204848
• Author(s): Neil McKittrick; Sue Rex
• Date Published: 2003
• Length: 16 pages
• Sale Source: Willan Publishing
• Publication Format: Book (Hardbound)
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United Kingdom

Annotation

This chapter considers the implications of the British Government's proposals for a new sentencing function for the courts (Halliday Report, 2001) now incorporated in the Criminal Justice Bill 2002; the focus is on the sentencing policy of "custody-minus" or the new suspended sentence.

Abstract

Before considering the new proposals, the chapter reviews the characteristics of current sentencing decisions. Under current arrangements, the judge imposes a sentence on an offender and then ceases to have any further input into the implementation of the sentence. New proposals provide for a new review function for the courts. Courts' review functions include dealing with violations of community sentences, hearing appeals against recall to prison, authorizing prerelease plans for offenders, and reviewing progress during community sentences and the community aspect of custodial sentences. The Home Office (2002) has restricted court review of sentence progress initially to "custody-minus," (the suspended sentence), while retaining it for drug treatment and testing under the drug rehabilitation requirement. One section of this chapter outlines matters that should be considered in changes in the judicial role in the management of sentences. These include whether the current division of responsibility between the judiciary and the enforcing agencies should remain unaltered, but with the expectation that judges would be more willing to detail conditions in a customized penalty; whether the focus of accountability for the outcome of community sanctions should move from the enforcing agencies to the judiciary; whether those accountable for the enforcement of orders should have greater discretion in rewarding progress and punishing failure; and whether all phases of a custodial sentence should be supervised by a judge, including community phases. The chapter notes that the Criminal Justice Bill has wisely limited proposals for the judge's new role as sentencing manager to be initially limited to the suspended sentence. This will permit a period of testing and analysis before there is any further expansion of the judicial role in detailing the conditions and monitoring the implementation of sentences. 4 notes and 6 references