Kelly, Rory;
(2022)
Totality: principle and practice.
Criminal Law Review
, 2022
(7)
pp. 562-580.
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Abstract
The 2012 Totality Guideline deals with sentencing an offender for multiple offences. In September 2021 the Sentencing Council published a paper that appraised sentencers’ views of the Guideline and their use of it in practice. The paper includes important findings and finishes with the Council stating that it will reform the Guideline in 2022. This article proposes reform to the 2012 Guideline that would increase its conceptual clarity and utility. The centrepiece of the proposal is to add explicit reference to harm and culpability. These are concepts with which sentencers are familiar. The reform would have advantages for guiding assessments of the length of sentences to be imposed on multiple offenders, the form of those sentences and the process of sentencing. The article also grapples with an important challenge to the explicit incorporation of harm and culpability rooted in proportionality.
| Type: | Article |
|---|---|
| Title: | Totality: principle and practice |
| Open access status: | An open access version is available from UCL Discovery |
| Publisher version: | https://www.sweetandmaxwell.co.uk/Product/Criminal... |
| Language: | English |
| Additional information: | This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions. |
| Keywords: | Culpability; Proportionality; Sentencing Council for England and Wales; Sentencing guidelines; Totality of sentence |
| UCL classification: | UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws UCL > Provost and Vice Provost Offices > UCL SLASH UCL |
| URI: | https://discovery.ucl.ac.uk/id/eprint/10148474 |
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