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SENTENCING GUIDELINES AND JUDICIAL DISCRETION Evolution of the Duty of Courts to Comply in England and Wales

Abstract:

Sentencing guideline schemes require courts to sentence within the guidelines - or give reasons why a different sentence is appropriate. Most US schemes require courts to find 'substantial and compelling' grounds for departing from the guidelines. The duty of a court with respect to sentencing guidelines in England and Wales changed significantly in 2010 as a result of the Coroners and Justice Act 2009. This article explores the evolution of the duty of courts to comply with the English sente...

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Publication status:
Published

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Publisher copy:
10.1093/bjc/azr044

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Institution:
University of Oxford
Department:
Oxford, SSD, Law, Centre for Criminology
Role:
Author
Journal:
BRITISH JOURNAL OF CRIMINOLOGY
Volume:
51
Issue:
6
Pages:
997-1013
Publication date:
2011-11-05
DOI:
EISSN:
1464-3529
ISSN:
0007-0955
URN:
uuid:764ace98-1ca0-4595-b65c-facc9d6499c0
Source identifiers:
306157
Local pid:
pubs:306157
Language:
English
Keywords:

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