THE ROLE OF PROPORTIONALITY IN SENTENCING REPEAT THEFT OFFENDERS

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Abstract

This article considers the role of proportionality in sentencing repeat offenders for offences which do not carry a mandatory minimum sentence for the second or third transgression. It is based on the results of a wider study on sentencing practice in theft cases, and considers the role of prior record at the sentencing stage, in particular the extent to which previous convictions may override proportionality constraints. It also explores the extent to which the current sentencing regime as contained in the Criminal Justice Act 2003 may have impacted on sentencing practice in relation to previous convictions.
Original languageEnglish
Pages (from-to)155-174
JournalContemporary Issues In Law
Volume13
Issue number3
Publication statusPublished - 2015

Bibliographical note

This article has been accepted for publication in Contemporary Issues In Law. Published by Lawtext Publishing Limited. Licensed under CC BY-NC-ND 3.0

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