Britain: An official handbook > 1977

JUSTICE AND THE LAW
Treatment of
Offenders
9i
deterrence is in the probability of detection, public trial and punishment rather
than in the severity of the punishment itself.
Imprisonment and, for certain categories of young offender, other forms of
custodial treatment form an important part of British penal practice, but are
increasingly seen as the last resort in dealing with people who break the law.
Wherever possible and appropriate for the safety of the public, the treatment
of offenders within the community is regarded as preferable to custodial
treatment.
Traditional non-custodial treatment includes fines; probation; absolute or
(in England, Wales and Northern Ireland) conditional discharge for up to three
years (one year in Northern Ireland)—a discharge being made when there
is properly a conviction but the court feels that there is no need to impose
punishment; and ‘binding over’ where the offender is required to pledge
money, with or without sureties, ‘to keep the peace and be of good behaviour’.
The suspended sentence in England, Wales and Northern Ireland means that
an offender does not actually serve his sentence unless he is convicted of a further
offence punishable with imprisonment within a specified period (maximum
two years). If he is convicted of such an offence within the period of a suspended
sentence, the sentence normally takes effect and a further sentence may be
imposed for the new offence. An offender given a suspended sentence of
over six months may, in England and Wales, be made subject to supervision by
a probation officer for all or part of the period of the suspended sentence.
A recent innovation is the scheme for unpaid community service by offenders
convicted of imprisonable offences in England and Wales. The scheme began
experimentally in several areas but initial results were encouraging and the
arrangements have been extended to many other parts of the country. There
are provisions for probation hostels, intensive supervision and day training
centres. An offender may also with his consent have his sentence deferred for
up to six months to enable a court to arrive at the most appropriate sentence,
taking into account his conduct after, for instance, some expected change in his
circumstances.
The courts may order an offender to pay compensation for any personal
injury, loss or damage resulting from his offence and in the case of major crimes
against property bankruptcy proceedings may be brought against him in
England and Wales. In Scotland a committee is considering the potential role
of the criminal court in ordering reparation by the offender to the victim.
In certain circumstances the courts may order the forfeiture of property
involved in the commission of a crime. An offender convicted of a serious crime
may be disqualified from driving if a motor vehicle was used in its commission.
The mandatory penalty for murder in the United Kingdom is imprisonment
for life. This is also the maximum penalty in England and Wales for man¬
slaughter and certain other very serious offences, including rape, robbery
offences and arson, but in almost all other cases the courts have complete dis¬
cretion to select the sentence in the light of the nature and gravity of the offence
and the available information about the offender. In certain cases this discretion
is modified by statutory provisions designed to ensure that prison sentences are
kept to a minimum.
In Scotland, unless the sentence is limited by statute, the maximum penalty
is determined by the status of the court trying the accused. In trials on indict¬
ment, the High Court may impose a sentence of imprisonment for any term up
to life and the Sheriff Court up to two years. In summary cases, the sheriff may
impose up to three or, in some cases, six months’ imprisonment.