04/02/2022
Police Oracle
Work with offenders on new research from the Sentencing Academy
A report published by the Sentencing Academy earlier this month examines the issue of intoxication as a sentencing factor. “Intoxication and Sentencing: A review of policy, practice and research” by Dr Carly Lightowlers of the University of Liverpool looks at an under-researched area.
The Sentencing Academy, which is funded by the Dawes Trust, is a research and engagement charitable incorporated organisation dedicated to developing expert and public understanding of sentencing in England and Wales. It encourages the Government to implement effective sentencing practices and informs public debate about sentencing, acting as a bridge between those with expert knowledge of sentencing, the public, and policy makers.
Intoxication and sentencing
Intoxication resulting from drug and or alcohol use commonly features as a contributory factor in offending and is often a specific consideration of sentencers. Despite this, the role of intoxication at sentencing has received little research attention. In England and Wales, no formal sentencing guidance on how intoxication ought to be considered in sentencing existed prior to 2004. Rather, practice was guided by case law or appeal judgements, which were mixed in their assessment of the role of intoxication. Since 2004, English and Welsh sentencing guidelines specify that alcohol and drug intoxication is an aggravating factor. This position has been maintained by the Sentencing Council in a number of its offence-specific guidelines and expanded definitions accompanying the guidelines.
Intoxication can be considered by courts in sentencing; both as part of the context of the offending behaviour and in terms of the treatment needs of the offender. However, in making intoxication an aggravating factor, the guidance suggests intoxicated offenders are more culpable for their offence and that this ought to be reflected in an increased sentence. However, the situation is not straightforward.
There are a number of challenges faced by sentencers in determining the relevance of intoxication. These include, but are not limited to:
Research suggests that sentencers have assessed intoxication to be both an aggravating and mitigating factor, depending on the context. Recent, nationally representative, studies find intoxicated violent aggressors are blamed more so than sober aggressors, in line with existing sentencing guidance. However, the context of the offence and offender demographics appear to influence the way in which intoxication affects the final sentence. Moderating factors identified in the research literature include aetiological conditions leading to addiction, an offence being an isolated incident, concomitant drug and alcohol use, offender drinking with the victim and the offence occurring in a private setting.
One of the key considerations for sentencers is whether by mandating treatment as part of a community sentence, they can seek to tackle the root cause of offending and reduce future crime by an individual. Over recent years, the number of Community Sentence Treatment Requirements (CSTRs can order treatment for alcohol, drug or mental health issues, or a combination of these) have been low. However, the most recent figures, published last Thursday, saw a 26% rise in the number of community sentences stipulating drug rehabilitation requirements and the new Drug Strategy published in December makes an increase in the number of CSTRs a primary goal.
This strategy goal – and the accompanied roll out of CSTRs across the country – may encourage sentencers to consider intoxication – when tied to dependency and where a defendant is motivated to engage in treatment – as a mitigating factor on more occasions.
The Sentencing Academy review concludes that there is limited research in the English and Welsh context which examines the impact of intoxication across a range of offence types and subsections of the population. There are some studies that suggest intoxication is seen as more of an aggravating factor when the defendant is a woman.
The review concludes that, given the prevalence of intoxication in cases coming before the courts, we need to know much more about this subject and calls for more research, particularly studies that engage sentencers and explore their views on whether someone being under the influence of alcohol and/or drugs is more or less culpable for their actions.
Interested readers can read the full review here.