Abstract
A sentencing system in which there were no controls on how the judge or magistrate came to a decision on sentence would not be a principled system. It could also lead to injustice in individual cases. This chapter examines the ways in which sentencing discretion is constrained, not only through law and guidance but also through the use of a justificatory principle as a constraint. In particular it reviews the way that more recent forms of sentencing guidance have developed, notably the definitive guidelines produced by the Sentencing Council. It also discusses in detail the importance of a retributivist rationale with reference to classical and modern retributivism.
