Countries of the World/COUNTRYS.BIN/dp/0055/00553.txt

Text File | 1991-06-24 | 34KB | 607 lines

$Unique_ID{COW00553}
$Pretitle{405}
$Title{United Kingdom
Treatment of Offenders}
$Subtitle{}
$Author{Embassy of the United Kingdom, Washington DC}
$Affiliation{Embassy of the United Kingdom, Washington DC}
$Subject{court
sentence
offenders
order
probation
england
prisoners
wales
service
prison}
$Date{1990}
$Log{}
Country:     United Kingdom
Book:        Justice and the Law in Britain
Author:      Embassy of the United Kingdom, Washington DC
Affiliation: Embassy of the United Kingdom, Washington DC
Date:        1990

Treatment of Offenders

     The Government's aim is to ensure that convicted criminals are punished
justly and suitably according to the seriousness of their offences. It
believes that those who commit very serious crimes, particularly crimes of
violence, should receive long custodial sentences, but that many other crimes
can best be punished within the community through compensation and reparation.

     Legislation sets the maximum penalties for offences, the sentence being
entirely a matter for the courts, subject to these maxima. The Court of Appeal
(see p 12) issues guidance to the lower courts on sentencing issues when
points of principle have arisen on individual cases which are the subject
of appeal.

     The Government is proposing a new and more coherent statutory framework
of guidance on the principles governing sentences.

Custody

     The Government believes that custody should be used only for offenders
convicted of serious criminal offences or where the public needs to be
protected from a dangerous offender. The Court of Appeal has stated that
sentencers in England and Wales should examine each case in which custody is
necessary to ensure that the term imposed is as short as possible, consistent
with the courts' duty to protect the interests of the public and to punish and
deter the criminal. The Government is proposing to introduce legislation in
England and Wales which would require a court, before giving a custodial
sentence, to be satisfied that the offence was so serious as to merit custody.
The court would also have to give reasons if it considered a custodial
sentence to be necessary; this would not, however apply to the most serious
offences such as murder, manslaughter, rape or robbery, which invariably
involve a custodial sentence. Longer custodial sentences-within the statutory
maxima-would be given to persistent violent and sexual offenders in order to
protect the public.

     A magistrates' court in England and Wales cannot impose a term of more
than six months' imprisonment for each offence tried summarily, but may impose
consecutive sentences subject to an overall maximum of 12 months'
imprisonment. If an offence carries a higher maximum penalty, the court may
commit the defendant for sentence at the Crown Court, which may impose-within
the permitted statutory maximum-any other custodial penalty. In all three
legal systems there is a mandatory sentence of life imprisonment for murder.
This is also the maximum penalty for a number of serious offences such as
robbery, rape, arson and manslaughter.

     In trials on indictment in Scotland the High Court may impose a sentence
of imprisonment for any term up to life, and the sheriff court any term up to
three years. The latter may send any person to the High Court for sentence if
the court considers its powers are insufficient. In summary cases, the sheriff
may normally impose up to three months' imprisonment or six months' for some
repeated offences. The district court can impose a maximum term of
imprisonment of 60 days.

     In Northern Ireland the position is generally the same as for England and
Wales. A magistrates' court, however, cannot commit an offender for sentencing
at the Crown Court if it has tried the case.

The Death Penalty

     The death penalty has been repealed for almost all offences. It remains
on the statute book for the offences of treason, piracy with violence and some
other treasonable and mutinuous offences. However, it has not been used for
any of these offences since 1946.

Non-custodial Treatment

     The Government believes that more offenders, particularly those convicted
of property crimes and less serious cases of violence, should be punished in
the community. In its view this should involve fines and compensation to the
victim, probation, community service, a new combined order linking probation
and community service, or a new curfew order to be used by itself or with
other orders.

Fines

     The most common sentence is a fine. In England and Wales nearly 81
per cent of offenders convicted by the courts in 1988 received a fine; this
included those convicted of motoring offences. In Scotland in 1988, 78 per
cent of the 177,000 people with a charge proved against them received a fine.
There is no limit to the fine (unless set by statute) which may be imposed on
indictment; on summary conviction the maximum limit, except in certain
exceptional circumstances, is 2,000 Pounds in England, Wales and Northern
Ireland, and in Scotland 2,000 Pounds in the sheriff court and 1,000 Pounds in
the district court.

     The Government is proposing reforms under which fines would be more
closely related to ability to pay. The court's penalty would be given in units
which would then be translated into monetary values according to the
offender's means.

Probation

     The main duties of the probation service are to supervise offenders in
the community, both under direct court orders and after release from custody.
It also provides offenders in custody with help and advice. In England and
Wales some 42,000 offenders began probation supervision in 1988; the figure
for Scotland was 3,000.

     A probation order can only be made by a court with the consent of the
offender, who may be sentenced for the original offence if he or she fails to
comply with the order's requirements or commits another offence while on
probation. Probation orders curtail the freedom of those on whom they are
made. The order requires regular contact to be made with the probation
officer. Special conditions can be attached to the order; these may require
the offender to attend a day centre for up to 60 days. Although intended as a
punishment, the time spent by offenders under supervision in the community
offers an opportunity for constructive work to reduce the likelihood of
reoffending. In England and Wales a probation order can be made only for
offenders aged 17 years or more. In Scotland the minimum age is 8, though in
practice offenders under 16 are rarely considered; in Northern Ireland the
minimum age is 10 years.

     The probation service provides and maintains day centres and hostels
together with schemes designed to meet the needs of a broad range of
offenders. In England and Wales it also administers supervision orders, the
community service scheme and supervises those released from prison on
parole. In addition, some probation officers work in custodial establishments.

     Under government proposals for England and Wales the courts would be able
to combine a probation order with a fine for a single offence and day centres
would be renamed probation centres to which national standards, including a
core curriculum, would be applied. A probation order would also become a
sentence of the court; at present it is imposed 'instead of sentencing'
reflecting the original intention that probation should be used mainly for
first, or relatively trivial, offenders.

     In England and Wales the cost of the probation service is shared between
central and local government. It is administered locally by probation
committees of magistrates and members co-opted from the local community. In
Scotland probation services are integrated with local authority social work
departments. In Northern Ireland the service is administered by a probation
board, whose membership is representative of the community and which is
funded by central government.

Community Service

     Offenders aged 16 or over (17 in