Speaker: Professor Julian Roberts (University of Oxford Faculty of Law) 

Although originally conceived in England, sentencing guidelines and commissions first emerged in 1980 in several US jurisdictions. Over the next 40 years, these structures spread to other common law countries. This talk explores the evolution of this approach to structuring judicial discretion, and draws some conclusions about the successes and failures of guidelines to date. The primary focus is upon the guidelines developed in England and Wales, which have now been adapted for use by courts in other jurisdictions. In particular, I will address the following key questions: Have sentencing practices become more transparent and consistent as a result of the introduction of guidelines? Do the guidelines undermine individualisation at sentencing by excessively restricting judicial discretion? How might guidelines contribute to reducing the use of imprisonment as a sanction? Are they capable of eliminating or mitigating racial and ethnic disparities in sentencing outcomes?