Kelly, R;
(2018)
Reforming Maximum Sentences and Respecting Ordinal Proportionality.
Criminal Law Review
(6)
pp. 450-461.
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Abstract
It is the fortieth anniversary of the review of maximum sentences by the Advisory Council on the Penal System. This article examines the ongoing issues with setting statutory maxima and reflects on the Advisory Council’s review. It argues that when appraising the appropriateness of a maximum sentence, comparison to the maxima of other offences is theoretically grounded. Yet problems arise in practice due to the historical contingency of statutory maxima. It argues that there is too much scope for the rhetorical use of comparison to increase maxima and, indirectly, to drive-up sentencing levels. The time has come for a new review.
| Type: | Article |
|---|---|
| Title: | Reforming Maximum Sentences and Respecting Ordinal Proportionality |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.sweetandmaxwell.co.uk/Catalogue/Produc... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| UCL classification: | UCL UCL > Provost and Vice Provost Offices UCL > Provost and Vice Provost Offices > UCL SLASH UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws |
| URI: | https://discovery-pp.ucl.ac.uk/id/eprint/10087776 |
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