R Henham

Bargain Justice or Justice Denied? Sentence Discounts and the Criminal Process

This article reports the result of an empirical investigation into the operation of sentence discounts in the Crown Court. It focuses, in particular, on the extent to which judges comply with section 48 of the Criminal Justice and Public Order Act 1994 and discusses (inter alia) the relationship between sentence discounts and the nature of the charges faced by the defendant, the strength of the prosecution case and the choice between custodial and non-custodial sentences. It also examines the relative use made of sentence discounts and the nature and relevance of Court of Appeal guidance. The article begins by describing the socio-legal context in which sentence discounts operate and, following description of the research methodology and presentation of the results, concludes with an assessment of the implications of the research for sentencing policy and practice.

Anglo-American Approaches to Cumulative Sentencing and the Implications for UK Sentencing Policy

The aim of this paper is to examine the impact of the Conservative government’s proposed introduction of a limited form of cumulative sentencing in the case of burglary, Class A drug offenders, and, violent and sexual offenders. The paper focuses on the rationale for the introduction of a limited form of cumulative sentencing in the UK and includes an assessment of the implications of the proposed changes for existing sentencing practice and its significance in terms of existing and future sentencing policy, drawing specifically upon the American experience.

International sentencing in the context of collective violence

This article evaluates some of the theoretical and practical arguments which suggest that the potential for international trial justice to make a significant contribution towards reconciliation and peace following mass atrocity is limited. Conversely, it argues that it is possible to move beyond the current narrow conceptualisation of penality in international trials by re-thinking the ideological framework for punishment and sentencing and giving trial outcomes a greater sense of moral purpose and legitimacy in the eyes of victims and those communities seeking justice. The article argues why this is necessary and achievable through the adoption of more constructive strategies and interventions in international trial process.

Beyond Punishment: Achieving International Criminal Justice

Introduction New Moralities for International Criminal Justice A Framework for Trial Transformation Activating Victim Constituency in International Criminal Justice Truth and Responsibility v Fact and Liability Transformed Process Through Enhanced Discretionary Power Accountability Frameworks Justice as Decision-making: Principal Pathways of Influence Legitimacy, Justice and Governance References

The policy and practice of protective sentencing

This article discusses some recent empirical research into the sentencing of dangerous offenders in England and Wales in its wider socio-legal context. It is particularly concerned to draw attention to the ways in which the operation of those procedural constraints that circumscribe judicial discretionary decisions in this area bear little relevance to notions of moral legitimacy, nor the legal rights of offenders, victims or the wider community.

Sentencing policy, appellate guidance and protective sentencing

This article analyses Court of Appeal guidance on the use of the protective sentencing provisions contained in the Criminal Justice Act 1991. It is argued that the Acts deserts principles have proved an illogical and inadequate basis for justifying protective sentences. The article examines the genesis of the provisions in the 1990 White Paper, recent case law concerning the scope of the provisions and concentrates particularly on developing the argument through an analysis of the Court of Appeals approach to the determination of dangerousness within the parameters set by the legislation. This discussion pays particular attention to the balance required between the assessment of risk and harm and their interrelationship. The inconsistencies revealed are further explored by considering the provisions determining the length of protective sentences including the impact of sentence discounts and the deficiencies in parole provision. The article continues with an examination of possible alternative strategies and procedures and finally concludes that the future interpretation of the protective provisions represents a major challenge to the Court of Appeal in the future development of sentencing policy.

Sentencing Sex Offenders: Some Implications of Recent Criminal Justice Policy

The aim of this paper is to illustrate how recent criminal justice legislation, policy and practice have conspired to hinder the development of a common approach to the sentencing of sex offenders between the courts and the prison and probation services. In consequence, the treatment needs of sentenced sex offenders have been subsumed to the wider goals of system objectives and political agendas. A number of suggestions are made for improving coherence and continuity in both policy and practice.

Towards restorative sentencing in international criminal trials

This article considers how sentencing might be re-conceptualised if restorative justice became a more integral part of the rationale for international criminal trials. More specifically, it focuses on issues of admissibility and proof; trial structure; procedural justice; the role of victims and trial professionals, and the role of judicial discretionary power in sentencing decisions. The paper concludes by suggesting that change is possible by utilising judicial discretion as a force for developing more restorative trial outcomes and dealing effectively with inconsistency, appeal and the enforcement of sentences. More broadly, such changes should be seen as an opportunity for international trial outcomes to engage more directly with the challenges of facilitating transitional justice in post-conflict states.

The Scottish Prisons Complaints Commission: a preliminary study

The Scottish Prisons Complaints Commission was created in 1994’ to provide an accessible and independent prisoners’ complaints review system for the Scottish Prison Service. Its main function is, therefore, to conduct an independent review of prisoners’ complaints where these have not been satisfactorily resolved by the Scottish Prison Service’s own internal grievance system. It owes its origins to a number of diverse, though interrelated, influences and events in recent criminal justice policy and practice. In essence, the Scottish Prisons Complaints Commission was created in fulfilment of certain principles enunciated in the

Evaluating the United States federal sentencing guidelines

This paper traces the development and implementation of the US Federal Sentencing Guidelines and describes a number of recent decisions relating to the use of the guidelines in the United States. Comparisons are drawn with equivalent principles and practices in the United Kingdom. It is argued that any move towards the more rigid control of sentencing discretion in the United Kingdom may increase the potential for abuse of due process revealed by some recent guideline cases in the United States.