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9 - Custodial sentencing

Published online by Cambridge University Press:  05 June 2012

Andrew Ashworth
Affiliation:
University of Oxford
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Summary

The aim of this chapter is to examine the law and practice on imposing custodial sentences. Imprisonment involves deprivation of liberty and is the most onerous and intrusive sentence available in this and other European countries, engaging several rights declared in the European Convention. Deprivation of liberty and incarceration in a punitive institution therefore require special justification. To begin that process, it is necessary to understand the practical meaning of custodial sentences. This depends on the various provisions for calculating the proportion of the nominal sentence that the offender will spend in custody, on the conditions in which prisoners are held, and on the terms on which they are later released. The chapter begins with an outline of the state of English prisons. It then considers principles and policies for the use of custodial sentences, assessing the extent to which the principle of restraint, the policy of bifurcation or a blurred approach best characterizes English sentencing. There is then an analysis of the statutory threshold for imposing custody, and also the prevailing approach to long custodial sentences, noting significant changes introduced by the 2003 Act. The chapter concludes with a brief discussion of various groups of prisoners who raise particular issues of principle.

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Publisher: Cambridge University Press
Print publication year: 2010

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  • Custodial sentencing
  • Andrew Ashworth, University of Oxford
  • Book: Sentencing and Criminal Justice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511815195.010
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  • Custodial sentencing
  • Andrew Ashworth, University of Oxford
  • Book: Sentencing and Criminal Justice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511815195.010
Available formats
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Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Custodial sentencing
  • Andrew Ashworth, University of Oxford
  • Book: Sentencing and Criminal Justice
  • Online publication: 05 June 2012
  • Chapter DOI: https://doi.org/10.1017/CBO9780511815195.010
Available formats
×