View project page
Maximum Penalties for Criminal Offences - Study Paper 21
Downloads
PDF (17.8Mb PDF)
eBook (389KB EPUB)
Contents
General Information
Foreword
Acknowledgements
Chapter 1 - Introduction
Background
Reasons for the review
The scope of the review
The structure of this report
Chapter 2 - The nature and role of maximum penalties
Chapter 3 - Methodology
Alternative approaches
Step 1: A quantitative tool for measuring harm
Step 2: Testing the tool on sample offences
Chapter 4 - Determining harm and culpability
Overall provisional harm score
Adjusting for culpability
Comparing the provisional ranking with current maximum penalties and sentencing practice
Chapter 5 - Devising and consulting on draft penalty categories
Determining penalty categories
Public consultation on penalty categories
Chapter 6 - Conclusion: anomalies in the maximum penalty structure
Maxima that are out of line with those for other cognate offences
Maxima that do not appropriately reflect the range of interests harmed or put at risk by the offence
Maxima that do not reflect the appropriate balance between consequence and culpability
Maxima for offences that overlap with other offences
Maxima that are based on social conditions and mores of another era
Maxima that are based on an inconsistent approach to preparatory conduct
Maxima attaching to offences in the Arms Act 1983
Conclusion
Appendix A - Sample offences for determining base values
Appendix B - Calculation of harm caused by an offence
Appendix C - Colmar Brunton - Maximum Penalties Report
Appendix D - Final ranking of offences in penalty categories
Next page
Maximum Penalties for Criminal Offences - Study Paper 21
General Information
Foreword
Acknowledgements
Chapter 1 - Introduction
Background
Reasons for the review
The scope of the review
The structure of this report
Chapter 2 - The nature and role of maximum penalties
Chapter 3 - Methodology
Alternative approaches
Step 1: A quantitative tool for measuring harm
Step 2: Testing the tool on sample offences
Chapter 4 - Determining harm and culpability
Overall provisional harm score
Adjusting for culpability
Comparing the provisional ranking with current maximum penalties and sentencing practice
Chapter 5 - Devising and consulting on draft penalty categories
Determining penalty categories
Public consultation on penalty categories
Chapter 6 - Conclusion: anomalies in the maximum penalty structure
Maxima that are out of line with those for other cognate offences
Maxima that do not appropriately reflect the range of interests harmed or put at risk by the offence
Maxima that do not reflect the appropriate balance between consequence and culpability
Maxima for offences that overlap with other offences
Maxima that are based on social conditions and mores of another era
Maxima that are based on an inconsistent approach to preparatory conduct
Maxima attaching to offences in the Arms Act 1983
Conclusion
Appendix A - Sample offences for determining base values
Appendix B - Calculation of harm caused by an offence
Appendix C - Colmar Brunton - Maximum Penalties Report
Appendix D - Final ranking of offences in penalty categories
Next page