ABSTRACT
With a few exceptions, they have a choice between an institutional or supervisory sentence, a fine or a discharge; mutatis mutandis, they have as much, if not more, latitude of choice if the offender is a juvenile. The police themselves usually provide the court with information about his 'antecedents', which in most cases means his record of crime and employment. If the accused has already served a sentence in prison, borstal or detention centre, the prison service is likely to have useful information about his physical and mental health and behaviour. Since 1965 the Lord Chief Justice has held 'sentencing conferences' for judges and recorders, at which selected cases and proposed sentences for them are discussed, in the hope that more uniformity will result. The assumption that the mental processes leading to the sentencing decision are confined to the mind of the judge or magistrate who pronounces sentence is fallacious.
