Points of Departure: Reflections on Sentencing Outside the Definitive Guidelines Ranges

This article examines an under-explored area of sentencing law in England and Wales: sentencing outside the definitive guidelines. The issue has come to the fore as a result of judgments arising from the serious public disorder of last summer. Sentencing outside the definitive sentencing guidelines...

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Bibliographic Details
Published in:Criminal law review 2012 (6), p.439-448
Main Author: Roberts, Julian V
Format: Article
Language:English
Subjects:
Courts
Criminal law
Criminal sentences
England and Wales
Offenders
Offending
Reflection
Riots
Sentencing
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Summary:This article examines an under-explored area of sentencing law in England and Wales: sentencing outside the definitive guidelines. The issue has come to the fore as a result of judgments arising from the serious public disorder of last summer. Sentencing outside the definitive sentencing guidelines is of course not restricted to riot-related offending; other circumstances will inevitably arise which impel courts to depart from the guidelines ranges. Accordingly, it is worth exploring the ways in which courts might sentence offenders for criminal acts unforeseen by the guidelines authority. [PUBLICATION ABSTRACT]
ISSN:0011-135X