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JUSTIFYING THE FIRST PRISON SENTENCE

NCJ Number
52905
Journal
Criminal Law Review Dated: (NOVEMBER 1977) Pages: 661-673
Author(s)
A J ASHWORTH
Date Published
1977
Length
13 pages
Annotation
SECTION 20 OF ENGLAND'S 'POWERS OF CRIMINAL COURTS ACT 1973,' WHICH SPECIFIES THAT, IN GENERAL, IMPRISONMENT SHOULD BE USED AS A SENTENCE OF LAST RESORT AND MUST BE JUSTIFIED BY THE COURT, IS EXAMINED IN DETAIL.
Abstract
SECTION 20 IS ONE OF THE FEW OFFICIAL RESTRICTIONS IN THE ENGLISH SENTENCING SYSTEM. THIS LAW STATES THAT NO COURT SHALL 'PASS A SENTENCE OF IMPRISONMENT ON A PERSON OF OR OVER 21 YEARS OF AGE ON WHOM SUCH A SENTENCE HAS NOT PREVIOSLY BEEN PASSED BY A COURT IN ANY PART OF THE UNITED KINGDOM UNLESS THE COURT IS OF OPINION THAT NO OTHER METHOD OF DEALING WITH HIM IS APPROPRIATE.' IT THEN GOES ON TO ORDER THE COURT TO JUSTIFY ANY SENTENCE TO IMPRISONMENT, BASED ON THE CIRCUMSTANCES OF THE OFFENSE AND THE CHARACTER OF THE DEFENDANT. THESE PROVISIONS ARE EXAMINED IN DETAIL. IT IS POINTED OUT THAT IN CASES OF ROBBERY, HOMICIDE, AND SIMILAR VIOLENT CRIMES, THE SERIOUSNESS OF THE CRIME ITSELF IS CONSIDERED JUSTIFICATION FOR IMPRISONMENT. FOR OTHER OFFENSES THE POSSIBLE DISPOSITIONS INCLUDE ABSOLUTE DISCHARGE, CONDITIONAL DISCHARGE, FINE, PROBATION, A COMMUNITY SERVICE ORDER, AND FOUR TYPES OF IMPRISONMENT--IMMEDIATE IMPRISONMENT, SUSPENDED IMPRISONMENT, SUSPENDED IMPRISONMENT COMBINED WITH FINE, AND PARTLY SUSPENDED IMPRISONMENT. THE INDICATIONS FOR EACH TYPE OF SENTENCE ARE BRIEFLY REVIEWED. IT IS SUGGESTED THAT THE INTENT OF SECTION 20 IS GOOD, BUT THAT THE WORDING IS SO VAGUE THAT LITTLE PRACTICAL SENTENCING REFORM HAS RESULTED. SUGGESTIONS FOR IMPROVEMENT ARE MADE. THE ARTICLE IS HEAVILY FOOTNOTED. (GLR)

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