Sentencing policy, social values and discretionary justice

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Henham, R. ORCID: 0000-0002-5631-0214, 2022. Sentencing policy, social values and discretionary justice. Oxford Journal of Legal Studies, 42 (4), pp. 1093-1117. ISSN 0143-6503

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Official URL: https://doi.org/10.1093/ojls/gqac011

Abstract

Despite the recent consolidation of sentencing law and procedure, the fundamental values which underpin the policy and practice of sentencing in England and Wales have remained largely unchanged since the deserts-based model introduced by the Criminal Justice Act of 1991. It is argued that this paradigm is no longer appropriate and presents a significant impediment to reducing imprisonment and mainstreaming restorative forms of intervention within the criminal process. An alternative value-based approach is proposed to counter this trend, one that provides greater structural flexibility and empowers sentencers to engage more effectively with the social impact of penal intervention.

Item Type:

Journal article

Publication Title:

Oxford Journal of Legal Studies

Creators:

Henham, R.

Publisher:

Oxford University Press (OUP)

Date:

9 December 2022

Volume:

Number:

ISSN:

0143-6503

Identifiers:

Number	Type
10.1093/ojls/gqac011	DOI
1785128	Other

Rights:

© The Author(s) 2022. Published by Oxford University Press. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (https://creativecommons.org/licenses/by/4.0/), which permits unrestricted reuse, distribution, and reproduction in any medium, provided the original work is properly cited.

Divisions:

Schools > Nottingham Law School

Record created by:

Laura Ward

Date Added:

24 Jul 2023 12:40

Last Modified:

24 Jul 2023 12:40

URI:

https://irep.ntu.ac.uk/id/eprint/49427