Judges reading the Riot Act

Well, plenty of discussion material for law teachers as a result of the, er, aggravated shopping that went on this summer in our major cities. Magistrates advised by clerks to toughen up… sentencing guidelines on the back burner… certainly food for thought. The riots are a clear example of an aggravating factor, but does this justify apparently inconsistently harsh sentencing? Yes, according to top Manchester judge Andrew Gilbert QC, who stated that it was “perfectly proper” to depart from sentencing guidelines in the circumstances. And depart they have - with sentences on average 25% tougher than normal and 70% of offenders jailed compared to a normal rate of 2% in the Magistrates’ Court.

Is he right, or do such sentences ultimately undermine public confidence in the fairness of the system? Former DPP Lord Macdonald thinks we need new guidelines for such situations - there’s a good discussion on Thursday’s Today Programme.

Also a good topic to prompt debate on competing sentencing objectives. Is this deterrence, or retribution? Is either approach the right one?

New MoJ Site [24 Jan 2012]
Jury trial under threat…again! [17 Jan 2012]
R v Dobson & Norris [4 Jan 2012]
Quality problems for the judiciary? [8 Dec 2011]
Sentencing Stats [28 Oct 2011]
The Supreme Court - VIDEO [26 Oct 2011]
Must-read! [11 Oct 2011]
Sentencing - LIVE! [5 Sep 2011]
Sentencing Reform Podcast [8 Jul 2011]
Poor set to suffer most from legal aid cuts [28 Jun 2011]
Government set to axe sentencing reforms? [8 Jun 2011]
Rehab, not revenge… [19 Apr 2011]
Judicial Diversity and the Supreme Court [30 Mar 2011]
Cuts and judicial independence [9 Feb 2011]
Deterrence [26 Jan 2011]
Judge for Yourself [23 Jan 2011]
Breaking the Cycle of reoffending [20 Jan 2011]
Sentencing Green Paper [8 Dec 2010]
A “rehabilitation revolution” [26 Jul 2010]
The parole board [20 Jul 2010]
Judicial diversity [5 Jul 2010]
“Prison Works”... or does it? [30 Jun 2010]
Guardian Law [13 May 2010]
Al Rawi and Others v Security Service and Others [7 May 2010]
New Supreme Court Justice [31 Mar 2010]
“I feel as if they have ripped out my heart” - victim’s justice? [17 Mar 2010]
You Be The Judge [10 Mar 2010]
The Angola 3 [10 Mar 2010]
Community Payback - Video clip and worksheet [15 Feb 2010]
Separation, schmeparation??? [10 Feb 2010]
Edlington, the age of criminal responsibility and youth sentencing [24 Jan 2010]
Great story for English Legal System revision generally… [7 Dec 2009]
New Youth Justice Site [4 Dec 2009]