Sentencing Councils and Victims

23 Pages Posted: 4 May 2012  

Ian Edwards

University of East Anglia (UEA) - Norwich Law School

Date Written: May 2012

Abstract

This article explores the place victims have, and should have, in bodies that formulate sentencing guidelines, with particular reference to sentencing guidelines in England and Wales and the Sentencing Council's obligation under the Coroners and Justice Act 2009 to have regard to ‘the impact of sentencing decisions on victims of offences’ when devising guidelines. The issues are situated in political and penological contexts; the place of victims in sentencing commissions or advisory bodies in the USA, England and Australia is analysed and the meaning and significance of the Sentencing Council's obligation towards victims is considered, relating the specific obligation to broader issues concerning the place of victims within bodies that formulate sentencing guidelines. While incorporating victims within sentencing commissions might undermine commissions’ aims, it can play an important role in helping to boost public confidence in criminal justice, a touchstone for all western governments’ criminal justice policies.

Suggested Citation

Edwards, Ian, Sentencing Councils and Victims (May 2012). The Modern Law Review, Vol. 75, Issue 3, pp. 324-346, 2012. Available at SSRN: https://ssrn.com/abstract=2050808 or http://dx.doi.org/10.1111/j.1468-2230.2012.00903.x

Ian Edwards (Contact Author)

University of East Anglia (UEA) - Norwich Law School ( email )

Norwich NR4 7TJ, Norfolk
United Kingdom
01603 592524 (Phone)
01603 250245 (Fax)

HOME PAGE: http://www.uea.ac.uk/law/people/ian_edwards.htm

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