ABSTRACT
This chapter reports the results of an empirical investigation into the operation of sentence discounts in the Crown Court. It focuses, in particular, on the extent to which judges comply with section 48 of the Criminal Justice and Public Order Act 1994 and discusses (inter alia) the relationship between sentence discounts and the nature of the charges faced by the defendant, the strength of the prosecution case and the choice between custodial and non custodial sentences. It also examines the relative use made of sentence discounts and the nature and relevance of Court of Appeal guidance. The chapter begins by describing the socio-legal context in which sentence discounts operate and, following description of the research methodology and presentation of the results, concludes with an assessment of the implications of the research for sentencing policy and practice. More generally, the analysis is concerned with the relationship between sentencing and penal policy-making by providing an explanation of the structure of the sentence discount decision-making process and seeking to demonstrate its wider significance for sentencing policy. This focus on transparency also draws attention to themes addressed in other contributions to this collection concerned with public accountability, proportionality, victim participation and discrimination in the sentencing process.
