The Law Governing Sentencing Procedure

The law governing sentencing procedure is very complex and technical. (The Law Commission, 2018.) Historically judges in the UK had broad discretion in sentencing which resulted in a varied practice. Sentencing, then, seemed to be an after-thought for the judiciary and practitioners and was underdeveloped excepting for the sentencing of children. At the turn of the century a formal probation service was in place but not much else. Sentencing equalled discharge, fine, probation and prison. According to Sir Brian Leveson in Judiciary of England and Wales, then it was well known which judges were harsh sentencers and the defence simply tried to avoid being listed on their roster. Guideline judgments became available first in R v Turner (1975) relating to robbery and for drugs in R v Aramah (1982). The sentencing Act 2020, had the biggest impact on judges discretion. However, the myriad of choices legislatively paired with the complex sentencing legislation took up an increasing amount of time and appeals taking up the majority of the work in the Criminal Court Division Appeals court. The law has it stands is encompassing, covering young offenders and adults; deferral of sentencing discharge, community orders, custodial sentences and other miscellaneous and supplementary