Article:Pina Sanchez, J orcid.org/0000-0002-9416-6022, Lightowlers, C orcid.org/0000-0002-0608-8141 and Roberts, J (2017) Exploring the punitive surge: Crown Court sentencing practices before and after the 2011 English riots. Criminology and Criminal Justice, 17 (3). pp. 319-339. ISSN 1748-8958 https://doi.org/10.1177/1748895816671167 © 2016, the Author(s). This is an author produced version of a paper published in Criminology and Criminal Justice. Uploaded in accordance with the publisher's self-archiving policy.eprints@whiterose.ac.uk https://eprints.whiterose.ac.uk/ Reuse Unless indicated otherwise, fulltext items are protected by copyright with all rights reserved. The copyright exception in section 29 of the Copyright, Designs and Patents Act 1988 allows the making of a single copy solely for the purpose of non-commercial research or private study within the limits of fair dealing. The publisher or other rights-holder may allow further reproduction and re-use of this version -refer to the White Rose Research Online record for this item. Where records identify the publisher as the copyright holder, users can verify any specific terms of use on the publisher's website.
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Exploring the
KeywordsRiots, sentencing, guidelines, consistency, severity, burglary
AbstractThe English summer riots of 2011 resulted in the criminal justice system having to process an unprecedented number of offenders in a short timeframe. This study explores sentencing practice in the wake of the riots using the 2011 Crown Court Sentencing Survey. A multilevel model was implemented to specify the probability of receiving a custodial sentence. This model allows exploring differences in sentencing before and after the riots. An increased probability of receiving a custodial sentence in the post-riot period was identified. An increase in variability was also detected, changing from a state of almost perfect consistency to a one in which substantial variation was observed between courts. Custodial rates for burglary increased to a level associated with more serious offences, thereby undermining the principle of proportionality. This, as well as the increased dispersion between courts, challenges other principles such as legal certainty and transparency.