Concepedia

Sentencing Practice in Magistrates' Courts Revisited

The Howard Journal of Criminal Justice · 2006 · 76 citations · 4 references

TL;DR

Sentencing in magistrates' courts has varied widely since the 1970s, and this variation persists despite reforms, guidance, and the establishment of the Sentencing Guidelines Council. The study proposes that a mechanism to enforce guideline adherence is required to achieve greater uniformity across magistrates' courts. The research concludes that additional guidance alone is unlikely to resolve sentencing inconsistencies.

Abstract

Abstract: Research in the 1970s identified large variation between magistrates' courts in the sentences imposed. Twenty‐five years later wide variations continue to exist despite a significant shift in the sentencing landscape and despite the information and guidance that has been developed to assist magistrates with their sentencing decisions. Recent government reviews have drawn attention to inconsistencies in sentencing outcomes and the Criminal Justice Act 2003 has led to the creation of a Sentencing Guidelines Council. This research concludes that further guidance may not be sufficient. A mechanism to ensure adherence to guidelines may also be needed if greater uniformity in sentencing practice between magistrates' courts is to be achieved.