- Susan Easton
- , and Christine Piper
Abstract
This chapter looks at three very different aspects of sentencing and punishment where there are alternatives to a focus on proportional sentencing and punishment. We discuss two sets of offenders where the court does not have to sentence strictly in line with just deserts. So we focus on children and young people under 18 years of age and examine the policies developed over the past century which have taken into account the welfare of the child, such that diversion from prosecution has been justified and strict proportionality of penal response can be modified. We also focus on those offenders who are deemed to be mentally disordered and review those options available to the sentencing court which focus on treatment rather than punishment. However the chapter begins by looking at an alternative rationale and approach for responding to those who commit offences—restorative justice—and reviewing policy and practice developments. Finally, the chapter provides reflective exercises for all three (potential) alternatives to punishment.
