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The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO

Stuart Macdonald Orcid Logo

Criminal Law Review, Volume: 2006, Issue: 9, Pages: 791 - 808

Swansea University Author: Stuart Macdonald Orcid Logo

Abstract

One of the primary objectives of the ASBO was to provide a mechanism for the imposition of "composite sentences" on those who persistently commit serious anti-social behaviour which repeatedly affects the same victims. It is this that was used to justify the severe maximum sentence for bre...

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Published in: Criminal Law Review
Published: 2006
URI: https://cronfa.swan.ac.uk/Record/cronfa12300
first_indexed 2013-07-23T12:07:47Z
last_indexed 2018-02-09T04:42:21Z
id cronfa12300
recordtype SURis
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spelling 2014-04-28T09:37:59.0583621 v2 12300 2012-07-30 The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO 933e714a4cc37c3ac12d4edc277f8f98 0000-0002-7483-9023 Stuart Macdonald Stuart Macdonald true false 2012-07-30 HRCL One of the primary objectives of the ASBO was to provide a mechanism for the imposition of "composite sentences" on those who persistently commit serious anti-social behaviour which repeatedly affects the same victims. It is this that was used to justify the severe maximum sentence for breach of an ASBO. Yet the courts have denied the relevance of the principle of composite sentencing. This has resulted in confusion, not only over the penalties which should be applied to individuals found to have breached their ASBO, but also over the role of the order itself. This article accordingly argues that composite sentencing should be recognised as an integral feature of the ASBO’s design, and outlines three implications which would follow for the ASBO. Journal Article Criminal Law Review 2006 9 791 808 ASBOs 1 9 2006 2006-09-01 COLLEGE NANME Hillary Rodham Clinton Law School COLLEGE CODE HRCL Swansea University 2014-04-28T09:37:59.0583621 2012-07-30T14:33:24.2910484 Faculty of Humanities and Social Sciences Hilary Rodham Clinton School of Law Stuart Macdonald 0000-0002-7483-9023 1
title The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
spellingShingle The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
Stuart Macdonald
title_short The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
title_full The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
title_fullStr The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
title_full_unstemmed The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
title_sort The Principle of Composite Sentencing: Its Centrality to, and Implications For, the ASBO
author_id_str_mv 933e714a4cc37c3ac12d4edc277f8f98
author_id_fullname_str_mv 933e714a4cc37c3ac12d4edc277f8f98_***_Stuart Macdonald
author Stuart Macdonald
author2 Stuart Macdonald
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container_title Criminal Law Review
container_volume 2006
container_issue 9
container_start_page 791
publishDate 2006
institution Swansea University
college_str Faculty of Humanities and Social Sciences
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hierarchy_top_id facultyofhumanitiesandsocialsciences
hierarchy_top_title Faculty of Humanities and Social Sciences
hierarchy_parent_id facultyofhumanitiesandsocialsciences
hierarchy_parent_title Faculty of Humanities and Social Sciences
department_str Hilary Rodham Clinton School of Law{{{_:::_}}}Faculty of Humanities and Social Sciences{{{_:::_}}}Hilary Rodham Clinton School of Law
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description One of the primary objectives of the ASBO was to provide a mechanism for the imposition of "composite sentences" on those who persistently commit serious anti-social behaviour which repeatedly affects the same victims. It is this that was used to justify the severe maximum sentence for breach of an ASBO. Yet the courts have denied the relevance of the principle of composite sentencing. This has resulted in confusion, not only over the penalties which should be applied to individuals found to have breached their ASBO, but also over the role of the order itself. This article accordingly argues that composite sentencing should be recognised as an integral feature of the ASBO’s design, and outlines three implications which would follow for the ASBO.
published_date 2006-09-01T18:22:54Z
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