Roberts, J.V. and Pina-Sánchez, J. (2026) From Principles to Populism: Sentencing in England and Wales. Crime and Justice. ISSN: 0192-3234
Abstract
The creation of sentencing councils and the introduction of guidelines have made sentencing in the United Kingdom more transparent, predictable, and democratic. The systems in England and Wales, Scotland, and Northern Ireland share common elements, but important differences exist. Those in England and Wales are the most comprehensive. They are largely descriptive, reproducing rather than changing judicial practice, and have failed to prevent three problems: increases in sentence severity, prison overcrowding, and political interference. Prison sentence lengths have increased significantly and use of community orders has declined. Politics in England and Wales and Scotland continue to shape policy and sentencing practice. The government in England and Wales in 2025 commissioned a review of sentencing and introduced legislation to implement proposed changes, including creation of a statutory presumption against imposition of short prison sentences. Under the 2026 legislation, courts will, with some limited exceptions, have to find that “exceptional circumstances” exist before imposing a prison sentence of 12 months or less.
Metadata
| Item Type: | Article |
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| Authors/Creators: |
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| Copyright, Publisher and Additional Information: | This is an author produced version of an article published in Crime and Justice, made available via the University of Leeds Research Outputs Policy under the terms of the Creative Commons Attribution License (CC-BY), which permits unrestricted use, distribution and reproduction in any medium, provided the original work is properly cited. |
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| Institution: | The University of Leeds |
| Academic Units: | The University of Leeds > Faculty of Education, Social Sciences and Law (Leeds) > School of Law (Leeds) |
| Date Deposited: | 18 Feb 2026 11:00 |
| Last Modified: | 18 Feb 2026 11:00 |
| Status: | Published online |
| Publisher: | University of Chicago Press |
| Identification Number: | 10.1086/738815 |
| Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:237940 |
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