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CRIMINAL JUSTICE ACT 1991: CUSTODIAL SENTENCES AND THE SENTENCING FRAMEWORK

NCJ Number
142638
Journal
Key to Commonwealth Corrections Issue: 20 Dated: (Summer 1992) Pages: 1-9
Editor(s)
T Garner
Date Published
1992
Length
9 pages
Annotation
Provisions of England's Criminal Justice Act of 1991 are based on the premises that the sentence for a given offense should reflect offense seriousness and that a sharp distinction should be made between property offenses and offenses against the person.
Abstract
The act recognizes that, in certain cases, a custodial sentence may be necessary to protect the public from serious harm, but does not allow an offense to be regarded as more serious simply because the offender has a previous record. The act defines procedures and criteria for imposing custodial sentences that apply in all cases, whether the offense is tried summarily or on indictment and whether the offender is an adult or young offender. It contains guidance on determining whether to give a custodial sentence and on setting custodial sentence length. The act also deals with suspended and extended imprisonment sentences, mitigation and mentally disordered offenders, committal for sentence, and alteration of maximum penalties. Additional provisions concern automatic conditional and unconditional release, discretionary conditional release, life sentence prisoners, breach of license, remission, compassionate release, deportees, young offenders, fine default and contempt of court, remand time, and transitional arrangements.