The 2011 English ‘Riots’: Prosecutorial Zeal and Judicial Abandon

Abstract

Much attention has focussed on the severity of the sentences imposed following the 2011 ‘summer rioting’ in England. The Court of Appeal confirmed that participation in a collective outbreak of disorder takes offending outside the sentencing guidelines. The position for sentencing riot-related offending in future is unclear, however, as the Court gave no indication of how to calibrate this departure, and the Sentencing Council has made offending during public disorder an aggravating factor only in its burglary guideline. This article explores new empirical evidence regarding the sentences imposed in Manchester, together with national Ministry of Justice data, to demonstrate for the first time how this ‘uplift’ effect was a feature throughout the criminal process, from arrest to sentence.

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