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Easton & Piper: Sentencing and Punishment 2e

Chapter 04

4.1.1. Policy trends p.113 fn 3

Some changes made - or to be made - by the Criminal Justice and Immigration Act 2008 increase, arguably, the focus on outcome of sentence. The following provisions might be see as having a utilitarian element: sections 1 (youth rehab order), 9 (sentencing aims for young offenders), 39 (youth default orders which will enable a court to impose an unpaid work requirement, curfew requirement or attendance centre requirement on a young offender in lieu of an unpaid fine), and 98 (violent offender order).

For example, by s 102(1) the court can include in a violent offender order

'prohibitions, restrictions or conditions preventing the offender—
(a) from going to any specified premises or any other specified place (whether at all, or at or between any specified time or times);
(b) from attending any specified event;
(c) from having any, or any specified description of, contact with any specified individual'.

This reveals a focus on incapacitation and regulation rather than a (purely) proportionate and retributivist response. The new orders aimed at minors also reveal a utilitarian focus on rehabilitative and restorative aims.