Alchemy in sentencing

Abstract

In the summer of 2001, the Home Office issued the Report of the Sentencing Review containing over 50 recommendations to reform the sentencing and parole systems in England and Wales. The White Paper, Justice for All, was published in 2002. The proposals constitute the most significant reform package in decades. A number of these proposals - such as the creation of a detailed sentencing guideline scheme, new sentencing options and recommendations to improve public knowledge of sentencing decisions - could well have a salutary impact on the sentencing process. However, the heart of the reform package contains an attempt to achieve the impossible: to reconcile within the same guiding statute (and sentencing guideline scheme) the conflicting sentencing philosophies of desert and utilitarianism. This article explores some consequences of the criminal record provisions by reference to the experience with sentencing reform in North America.