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NCJ Number: 67139 Find in a Library
Title: SUSPENDED SENTENCE AFTER 10 YEARS - A REVIEW AND ASSESSMENT - ENGLAND
Author(s): A E BOTTOMS
Corporate Author: University of Leeds
Centre for Social Work and Applied Social Studies
Adult Education Centre
United Kingdom
Date Published: 1980
Page Count: 60
Sponsoring Agency: University of Leeds
Leeds, LS2 9JT, England
Publication Number: OCCASIONAL PAPER NO 2
Sale Source: University of Leeds
Centre for Social Work and Applied Social Studies
Adult Education Centre
Leeds, LS2 9JT,
United Kingdom
Type: Statistics
Language: English
Country: United Kingdom
Annotation: A BRIEF LEGISLATIVE REVIEW OF THE SUSPENDED SENTENCE LEGISLATION OF ENGLAND IS PRESENTED, AND AN ASSESSMENT OF THE PLACE OF THE SUSPENDED SENTENCE IN THE ENGLISH PENAL SYSTEM IS HIGHLIGHTED.
Abstract: THE SUSPENDED SENTENCE WAS INTRODUCED INTO ENGLISH LAW BY THE CRIMINAL JUSTICE ACT OF 1967, WHICH CAME INTO FORCE IN JANUARY 1968. IT WAS THE FIRST NEW SENTENCING OPTION FOR THE ADULT OFFENDER SINCE THE STATUTORY CREATION OF PROBATION 60 YEARS AGO. ABOUT 30,000 PEOPLE HAVE BEEN SENTENCED UNDER THE ACT EACH YEAR SINCE ITS INCEPTION. IN THE CROWN COURT, IT IS THE MOST FREQUENTLY IMPOSED PENALTY FOR ADULT FEMALES AND THE SECOND MOST COMMON PENALTY FOR ADULT MALES. FOR ADULT MALE INDICTABLE OFFENDER IN ALL COURTS, IT IS IMPOSED MORE THAN TWICE AS FREQUENTLY AS PROBATION. DESPITE THE NUMERICAL IMPORTANCE OF THE SUSPENDED SENTENCE, IT HAS REVIEWED REMARKABLY SCANT CRITICAL ATTENTION FROM ENGLISH PENOLOGISTS. PARLIAMENTARY CONTROVERSY OVER SUSPENDED SENTENCE PROVISIONS HAS MARKED ITS LEGISLATIVE HISTORY. HOWEVER, DATA ARE NOW AVAILABLE IN THE OFFICIAL STATISTICS TO TEST MOST OF THE PREDICTIONS ARISING FROM SUCH DEBATES, AND CONCLUSIONS MAY NOW BE MADE CONCERNING THE RELATIONSHIP BETWEEN LEGISLATIVE INTENT AND SOCIAL RESULTS. IN ADDITION, THE PENOLOGIST MAY NOW ANALYZE THE AMBIGUOUS ELEMENT OF THE SUSPENDED SENTENCE WHICH HAS NOT BEEN CONSIDERED. THE SUSPENDED SENTENCE IS VULNERABLE TO THEORETICAL ATTACK AND ARGUMENTS OVER ITS PROVEN PRACTICAL ACHIEVEMENTS. BECAUSE THE POSSIBILITY OF ITS ABOLITION REMAINS, PENOLOGISTS SHOULD MAKE USE OF AVAILABLE DATA AND UNDERTAKE SERIOUS RESEARCH INTO MEASURING ITS EFFECTS. FOOTNOTES ARE INCLUDED. APPENDIXES PRESENT A SUMMARY OF SUSPENDED SENTENCE LEGISLATION, A DISCUSSION ON THE SUSPENDED SENTENCE AND TYPES OF OFFENSE, AND STATISTICAL TABLES. (AUTHOR ABSTRACT MODIFIED--LWM).
Index Term(s): England; Law reform; Legislation; Penology; Sentencing/Sanctions; Suspended sentences
Note: REVISED AND EXPANDED VERSION OF A PAPER DELIVERED AT THE FRANK DAWTRY MEMORIAL SEMINAR, UNIVERSITY OF LEEDS, ENGLAND, NOVEMBER 1977
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=67139

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