Sentencing Guidelines Exploring the English Model

The politics of criminal sentencing has recently crystallised around the issue of whether and how a system of structured sentencing should inform judicial approaches to punishing criminals. Increasingly, structured sentencing guidelines are being introduce to frame judicial discretion. This volume is the first to examine the experience in England and Wales in the light of international developments. This collection of essays begins with a clear and concise history of the guidelines as well as a description of how they function. Topics addressed include the effect of guidelines on judicial practice, the role of public opinion in developing sentencing guidelines, the role of the crime victim in sentencing guidelines, and the use of guidelines by practicing barristers. In addition, the international dimension offers a comparative perspective: the English guidelines are explored by leading academics from the United States and New Zealand. Although there is a vast literature on sentencing guidelines across the United States, the English guidelines have attracted almost no attention from scholars. As other jurisdictions look to introduce more structure to sentencing, the English scheme offers a real alternative to current US schemes. Contributors include practicing lawyers, legal and socio-legal academics, and also scholars from several other countries including New Zealand and the United States, providing a multidisciplinary and cross-jurisdictional approach to sentencing. This book will be of interest to academics from law, sociology and criminology, legal practitioners, and indeed anyone else with an interest in sentencing, around the world.

1 - The Origins and Structure of Sentencing Guidelines in England and Wales
2 - The Struggle for Supremacy in Sentencing
3 - Exploring the Success of Sentencing Guidelines
4 - Sentencing Guidelines for Murder: From Political Schedule to Principled Guidelines
5 - Victims, Sentencing Guidelines and the Sentencing Council
6 - The Definitive Guideline on Assault Offences: The Performance of Justice
7 - Sentencing Guidelines: New Findings from the Crown Court Survey
8 - Remorse and Sentencing: An Analysis of the Sentencing Guidelines and Sentencing Practice
9 - The Role of Public Opinion in Formulating Sentencing Guidelines
10 - Nothing Personal: The Impact of Personal Mitigation at Sentencing since Creation of the Council
11 - A 'Decision Science' Perspective on the Old and New Format Guidelines
12 - Comparing Sentencing Guidelines: Do the US Systems have anything Worthwhile to offer England and Wales?
13 - The Origins and Evolution of Sentencing Guidelines: A Comparison of England and Wales and New Zealand
14 - Living without Guidelines
15 - The Struggle for Sentencing Reform: Will the English Guidelines Spread?
16 - Sentencing Guidelines and EU Law

Andrew Ashworth, Q.C., is Vinerian Professor of English Law, University of Oxford and a Fellow of All Souls College. He is the author of Sentencing and Criminal Justice (5th edn.,, Cambridge University Press). Other recent volumes include Principled Sentencing (3rd edn., with A. von Hirsch and J.V. Roberts) and Proportionate Sentencing (Oxford University Press, with A. von Hirsch). He teaches sentencing courses at the University of Oxford. Julian V. Roberts is a Professor of Criminology in the Faculty of Law, University of Oxford. Sentencing has been his principal area of research and teaching since 1984. Recent books include: Mitigation and Aggravation at Sentencing (Cambridge University Press, 2011); The Role of Previous Convictions at Sentencing (Oxford: Hart Publishing, with A. von Hirsch); Punishing Persistent Offenders (2008, Oxford University Press); Principled Sentencing (with A. von Hirsch et al., 2009; Oxford: Hart). Roberts teaches sentencing courses at the University of Oxford.