The Criminal Justice Act 2003

Paper Summary:

The paper argues that the CJA 2003 has produced to some extent a fair sentencing guideline, but that it has not promoted fairness as fully as it could have. The paper discusses how the CJA 2003 tried to correct the faults of the previous CJA 1991 but the CJA 2003 has also led to complications and disputes between the judiciary and legislature, causing an abandonment of tangible guidelines generally considered necessary to providing a fairer approach to sentencing.

Outline:
Introduction
The Evolution of the Fairness Notion: CJA 1991 and CJA 2003
Fairness to the Offender
Fairness to the Victim
Conclusion

From the Paper:

"The Criminal Justice Act 2003 is a wide ranging Act of Parliament introduced to modernise many areas of the criminal justice system in England and Wales. The role of sentencing is to ensure the safety of the community, help rehabilitate offenders to prevent them re-offending and reserve imprisonment for a limited range of serious, dangerous and persistent offenders. The goals of the CJA 2003 were to improve case management and reduce the scope for abusing the system by ensuring a more consistent sentencing procedure which reserves prison for the most serious offenders. It has its genesis in several reports and consultations including the Home Office White Paper Justice for All; Sir Robin Auld's Review of the Criminal Courts of England and Wales and John Halliday's Making Punishment Work which is a report of a review of the sentencing framework of England and Wales. Other recommendations of the Criminal Courts Review relating to court procedures were implemented in the Courts Act 2003.The underlying aims of the Act were to introduce reforms in two main areas: improved case management and a reduction in scope for abuse of the system."

Sample of Sources Used:

• Ashworth, A. (2007) 'Sentencing' in Oxford Handbook of Criminology Maguire, M., Morgan, R. Reiner, R.(eds) Oxford, Oxford University Press
• Ashworth, A. (2005) Sentencing and Criminal Justice 4th edition Cambridge, Cambridge University Press
• Ashworth, Sentencing and Criminal Justice University of Oxford
• Braithwaite J. & Pettit P. (1990) Not Just Deserts Oxford, Oxford University Press
• Cooksley [2004] 1Cr App R (S) 1

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