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37 Prob. J. 2 (1990)

handle is hein.journals/probj37 and id is 1 raw text is: White or Left Paper? Contrasting Crime, Justice and Protecting the Public (Home Office, February 1990) with A Safer Britain (Labour Party, January 1990). Opposition Government 1. Sentencing Policy Establish a Sentencing Council to pro- duce a set of sentencing ceilings for different offences, plus principles for use in calculating precise sentence beneath that ceiling, issued as Practice Directions. Review of maximum penalties to en- sure greater consistency between gravi- ty of offence and relevant maximum sentence. Guidelines currently restricting use of custody for young offenders to govern the sentencing of adults also. 'Tackle discrimination against women offenders and black people. A new 'sentencing framework', based on 'just deserts', without binding the courts with strict guidelines. Reliance on Court of Appeal guidance. No need for a Sentencing Council. Reduce maximum penalties for theft and non-domestic burglary to 7 and 10 years. Crown Court to have powers to sentence persistent violent and sexual offenders for longer than justified by seriousness of offence, if necessary for public protection. New legislation to require courts, before passing custodial sentence, to be satisfied custody is justified. SERs to be mandatory before custody is imposed for summary or 'either way' offences. New national standards for SERs. Magistrates to commit for sentence only on grounds of seriousness of offence. Abolish partially suspended and ex- tended sentences. 2. Community Sentencing Expand Probation Service but support for Service's traditional and positive role, providing assistance, advice and supervision. Reject attempts to make task increasingly one of surveillance and monitoring. Restrictive community sentences to reflect concept of graduated restriction of liberty, related to seriousness of of- fence. Before making an order restric- ting liberty, court to be satisfied that restrictions are justified by seriousness

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