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Consistency in sentencing is regarded as essential for a fair system.
Achieving Consistency in Sentencing brings together theoretical and practical considerations of the concept of consistency to examine how these can be realised. The book provides readers with an analysis of the various shapes that guidance takes and examines their efficacy.
Sommario
- Introduction
- 1: Sentencing in England and Wales
- 2: Conceptualising Consistency in Sentencing
- 3: Dangers of Discretion: Empirical Evidence of Inconsistency
- 4: Are Individualised Justice and Consistency Incompatible?
- 5: When is a Sentencing Decision 'Discretionary' and How Should That Discretion be Structured?
- 6: Statutory Methods of Structuring Judical Discretion at Sentencing
- 7: Structuring Judicial Discretion through the Court of Appeal
- 8: Structuring Discretion through Sentencing Guidelines
- 9: Achieving Consistency in Sentencing
Info autore
Dr Lyndon Harris is a practicing barrister in criminal and public law at 6KBW College Hill, appearing in the Crown Court, High Court and Court of Appeal (Criminal Division). Previously, he worked at the Law Commission of England and Wales as a lawyer, principally on the sentencing codification project which resulted in the enactment of the Sentencing Act 2020. He routinely lectures on sentencing to members of the judiciary at Judicial College, and members of the legal professions at conferences.
Riassunto
Consistency in sentencing is regarded as essential for a fair system. Achieving Consistency in Sentencing brings together theoretical and practical considerations of the concept of consistency to examine how these can be realised. The book provides readers with an analysis of the various shapes that guidance takes and examines their efficacy.
Testo aggiuntivo
Lyndon Harris has written a carefully argued and instructive study about how consistency might be achieved.
