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Sentencing and Imprisonment: Judicial Perspectives

Sentencing and Imprisonment: Judicial Perspectives. Jacqueline Tombs. Custodial Borderline Cases. the kind or nature of the offence was deemed so serious that no sentence other than custody was possible; and/or

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Sentencing and Imprisonment: Judicial Perspectives

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  1. Sentencing and Imprisonment: Judicial Perspectives Jacqueline Tombs

  2. Custodial Borderline Cases • the kind or nature of the offence was deemed so serious that no sentence other than custody was possible; and/or • the nature and pattern of the offender’s past convictions and ‘failure’ to respond to earlier community sentences ruled out non-custodial options.

  3. Non-custodial Borderline Cases • the present circumstances of the offender; and/or • the present condition of the offender Overall emphasis on factors signifying personal mitigation

  4. Sentencing Rationales • because non-custodial sentences are too tough it is better for an offender to go to prison than be set up to fail in a too rigorous community-based programme; • there are no appropriately demanding programmes in the community; and • sentencers must be seen to be tough or they will lose credibility.

  5. Not setting people up to fail I am not in the business of putting people up to fail. If a woman had a history of breaching probation, breaching community service, failure to appear I would probably not impose a DTTO [drug treatment and testing order]... A DTTO is very very restrictive… [it is] a very demanding disposal and if they show from their record they are not going to co-operate there is no point in putting them on a DTTO…The woman I was telling you about …I recently refused to put her on a DTTO. Her solicitor went on and on and on about it and I said to him, ‘I am not doing this, this woman will not be able to co-operate with a DTTO’ and I sentenced her to five months in prison ...

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