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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

Edited by: Ewan McKendrick
Price: £170.00

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Exercising Discretion: Decision-making in the Criminal Justive System and Beyond

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ISBN13: 9781903240991
ISBN: 1903240999
Published: February 2004
Publisher: Willan Publishing
Country of Publication: UK
Format: Hardback
Price: £90.00

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The exercise of discretion in the criminal justice system and related agencies often plays a key part in decisions which are made, for example: the victim of an offence choosing not to report the offence; the police deciding to press for prosecution rather than cautioning; a sentencer choosing to impose a custodial sentence rather than a communiuty penalty; and a Discretionary Lifer Panel of the Parole Board choosing to offer early release for imprisoned offenders.

However, definitions of discretion are not clear, and despite widespread recognition of its importance there is much controversy on its nature and legitimacy. This book seeks to explore the importance of discretion to an understanding of the nature of the ""making of justice"" in theory and practice, taking as its starting point the wide discretionary powers wielded by many of the key players in the criminal justice and related systems. It focuses on the core elements and contexts of discretion, looking at the power, ability, authority and duties of individuals, officials and organizations to decide, select or interpret vague standards, requirements or statutory uncertainties.

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Introduction (Loraine Gelsthorpe and Nicola Padfield, University of Cambridge); 1 Discretion and pre-court sentencing (Vicky Kemp and Loraine Gelsthorpe, University of Cambridge); 2 Discretion in sentencing (David Thomas, University of Cambridge); 3 Prison officers and the use of discretion (Alison Liebling and David Price, University of Cambridge); 4 Discretion and the release of life sentence prisoners (Nicola Padfield and Alison Liebling, with Helen Arnold (University of Cambridge); 5 Discretion and the use of medium secure units (Adrian Grounds, Loraine Gelsthorpe and Marie Howes, University of Cambridge); 6 Discretion and mental health tribunals (Katy Holloway, University of Cambridge); 7 Discretion and the detention of asylum seekers (Leanne Weber, University of Essex); 8 Epilogue: criminal justice decision-making and the search for order (Keith Hawkins, University of Oxford) Index