Professor Nicky PADFIELD Handout for Lectures 5-8
LAW TRIPOS PARTS 1B AND II, 2018-19
Paper 34 in Law, but also SOC 15 in HSPS (Human, Social and Political Sciences), and
CR1 in PBS (Psychology and Human Behaviour):
CRIMINOLOGY, SENTENCING AND THE PENAL SYSTEM
The sentencing framework in law and practice
(You may well find it helpful to bring the statute book with you to lectures: Blackstones
Statutes on CJ and Sentencing (6th ed; ed Padfield). Please let me know of errors/omissions).
4 lectures: Summary:
1. The basic framework for sentencing in England and Wales today
2. Structured decision-making
3. Sentencing options: Fines; community orders; fixed term custodial sentences; life
sentences; extended sentences; ‘ancillary orders’.
4. Key issues today
5. What next? (Will the Sentencing Code happen?)
1. The basic framework for sentencing in England and Wales today
Sentencing decisions normally involve a significant degree of discretion (because of the infinite
variety of situations and personal circumstances involved in offending). The focus of these
lectures is imprisonment: non-custodial options come next term.
What are the constraints on discretion? Note the influence of decisions taken earlier in the
process (by police, CPS, lawyers etc). Once the case reaches the sentencer:
A. A few mandatory sentences: e.g. murder; 7 years repeat Class A drug dealing; 3 years
repeat burglars etc….
B. Maximum sentence for the offence(s) laid down by Parlt: e.g. robbery, rape = life; theft
= 7 years (reduced from 10 in 1991); burglary = 14 years if dwelling house, otherwise
10) etc etc. (+ stat max for mags’ ct, where vast majority of cases tried: currently six
months’ impt, or 12 months’ if more than one offence).
C. Some special sentences for ‘dangerous’ offenders: especially extended sentences.
D. A very high number of indeterminate (life) sentences (now declining).
E. Complex statutory rules (e.g. s.143(3) CJA 2003: committing an offence while on bail
as an aggravating factor in assessing the seriousness of that offence; s. 144 CJA 2003:
discount for guilty plea….). The PCC(S)A 2000 was an attempt at codification but it
was amended within weeks. The CJA 2003 brought huge changes but no codification.
1
LAW TRIPOS PARTS 1B AND II, 2018-19
Paper 34 in Law, but also SOC 15 in HSPS (Human, Social and Political Sciences), and
CR1 in PBS (Psychology and Human Behaviour):
CRIMINOLOGY, SENTENCING AND THE PENAL SYSTEM
The sentencing framework in law and practice
(You may well find it helpful to bring the statute book with you to lectures: Blackstones
Statutes on CJ and Sentencing (6th ed; ed Padfield). Please let me know of errors/omissions).
4 lectures: Summary:
1. The basic framework for sentencing in England and Wales today
2. Structured decision-making
3. Sentencing options: Fines; community orders; fixed term custodial sentences; life
sentences; extended sentences; ‘ancillary orders’.
4. Key issues today
5. What next? (Will the Sentencing Code happen?)
1. The basic framework for sentencing in England and Wales today
Sentencing decisions normally involve a significant degree of discretion (because of the infinite
variety of situations and personal circumstances involved in offending). The focus of these
lectures is imprisonment: non-custodial options come next term.
What are the constraints on discretion? Note the influence of decisions taken earlier in the
process (by police, CPS, lawyers etc). Once the case reaches the sentencer:
A. A few mandatory sentences: e.g. murder; 7 years repeat Class A drug dealing; 3 years
repeat burglars etc….
B. Maximum sentence for the offence(s) laid down by Parlt: e.g. robbery, rape = life; theft
= 7 years (reduced from 10 in 1991); burglary = 14 years if dwelling house, otherwise
10) etc etc. (+ stat max for mags’ ct, where vast majority of cases tried: currently six
months’ impt, or 12 months’ if more than one offence).
C. Some special sentences for ‘dangerous’ offenders: especially extended sentences.
D. A very high number of indeterminate (life) sentences (now declining).
E. Complex statutory rules (e.g. s.143(3) CJA 2003: committing an offence while on bail
as an aggravating factor in assessing the seriousness of that offence; s. 144 CJA 2003:
discount for guilty plea….). The PCC(S)A 2000 was an attempt at codification but it
was amended within weeks. The CJA 2003 brought huge changes but no codification.
1
