Reform and Punishment (Cambridge Criminal Justice Series)

249 Pages·2002·1.41 MB·English

by  Sue Rex

Reform and Punishment
CambridgeCriminal Justice Series
Published in association with the Institute of Criminology, University
of Cambridge
Published titles
Community Penalties: Change and Challenges, edited by Anthony
Bottoms, Loraine Gelsthorpe and Sue Rex
Ideology, Crime and Criminal Justice: A Symposium in Honour of Sir Leon
Radzinowicz, edited by Anthony Bottoms and Michael Tonry
Reformand Punishment:The Futureof Sentencing,editedby SueRex and
Michael Tonry
Reform and Punishment
The Future of Sentencing
edited by
Sue Rex
Michael Tonry
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Contents
Notes on contributors vii
Preface ix
1 Reconsidering sentencing and punishment in England
and Wales
Michael Tonry and Sue Rex 1
2 Public opinion and sentencing policy
Julian V. Roberts 18
3 Relations between the lay and professional judiciary:
now and Auld
Rod Morgan 40

4 Taking account of race, ethnicity and religion
David Faulkner 60
5 Setting sentencing policy through guidelines
Michael Tonry 75
6 The uses of imprisonment
Alison Liebling 105
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Reformand Punishment
7 Reinventing community penalties: the role of
communication
Sue Rex 138
8 Revisiting ex-prisoner re-entry: a buzzword in search
of a narrative
Shadd Maruna and Thomas P. LeBel 158
9 The Halliday Report and persistent offenders
Peter Jones 181
10 Record-enhanced sentencing in England and Wales:
reflections on the Halliday Report’s proposed treatment
of prior convictions
Andrewvon Hirsch 197
Appendix: summary of conference discusssions
David A. Green 217
Index 229

vi
Notes on contributors
David Faulkner, Senior Research Associate at the Centre for Crimi-
nologicalResearch,UniversityofOxford,wastheprincipalarchitectof
theCriminal Justice Act 1991 and formanyyears a senior civilservant
in the Home Office.
David A. Green has an MPhil from the Institute of Criminology in
Cambridge and is now studying for a PhD there.
TheHonourableJudge PeterJonesis a circuitcourt judgein Sheffield
and a member of the Sentencing Advisory Commission for England
and Wales.
Thomas P. LeBel is Lecturer in the School of Criminal Justice, State
University of New York at Albany.

Alison Liebling is University Lecturer in Criminology, Institute of
Criminology, University of Cambridge, and Director of the Institute’s
Prison Research Centre.
Shadd Maruna is Lecturer in Criminology, Institute of Criminology,
University of Cambridge.
Rod Morgan, Chief Inspector of Her Majesty’s Inspectorate of Proba-
tion, was for many years Professor of Criminology, Faculty of Law,
University of Bristol.
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Reformand Punishment
Sue Rex is Senior Research Associate in the Institute of Criminology,
University of Cambridge, an ESRC Fellow and Director of the
Institute’s Cropwood Programme.
Julian V. Roberts is Professor of Criminology, Faculty of Social
Sciences, University of Ottawa.
Michael Tonry is Professor of Law and Public Policy and Director of
the Institute of Criminology, University of Cambridge, and Sonosky
Professor of Law and Public Policy, University of Minnesota.
Andrew von Hirsch is Honorary Professor of Penal Law and Penal
Theory, Institute of Criminology,University of Cambridge, and Direc-
tor of the Institute’s Centre on Penal Theory and Penal Ethics.

viii
Preface
This volume explores the implications for English sentencing policies,
practices and institutions of the proposals set out in the 2001 Halliday
Report and memorialises discussions at the 26th Cropwood Round
Table Conference on ‘Sentencing Policies and Possibilities in Britain’
whichwasconvenedinCambridgeinNovember–December2001,with
support from the Barrow Cadbury Trust. The Halliday Report was
prepared by John Halliday with support from a small, full-time Home
Officeteam.Itdrewuponextensiveconsultation:acoreworkinggroup
which met monthly for 18 months; an external reference group of 50
people; a series of mid-course and final conferences held throughout
England and Wales to elicit reactions from informed practitioners and
others; extensive interviews with influential people and stakeholders;
and visits to jurisdictions in the United States and Europe which were
believed to have undertaken ambitious and successful sentencing

innovations in recent years. The Report proposes a comprehensive
overhaul of law, practice and institutional arrangements for dealing
with convicted offenders in Britain. Among other things, the Report
proposes replacing existing sentencing statutes, the establishment of a
sentencingcommissionandsentencingguidelinestogovernimposition
of all sentences imposed in magistrates’ and higher courts, and the
creation of a ‘sentence review’ function in the judiciary under which
judges oversee not only the imposition but also the implementation,
amendment, revocation, and final termination of all community
penalties. It may be the single most ambitious and comprehensive set
ofproposalsforreconstitutingthesentencingsystemofacommon-law
countryever presented. Its closest competitoris the model PenalCode
ix