People in a court building running around.

The Cultural Politics of Intoxication and Sentencing in England and Wales

Previous research has highlighted divergent ways in which intoxication has shaped sentencing, dependent upon context and offender characteristics, which has consequently exposed unwanted disparities.

Dr Carly Lightowlers, Senior Lecturer in Criminology, has secured a prestigious Mid-Career Fellowship award from The British Academy (UK) to trace the development of sentencing policy with reference to intoxication in England and Wales and explore how current sentencing guidance is implemented in practice in magistrates’ courts. The £158.6k research project has been awarded funding of £126.6k from The British Academy (UK).

The research project, titled ‘The Cultural Politics of Intoxication and Sentencing’, will run from January – December 2024. Through the research, Dr Lightowlers will provide novel insights into how the intoxication-offending relationship is understood and interpreted in sentencing policy and practice in England and Wales.

This research will trace the development of sentencing policy with reference to intoxication in England and Wales and explore underlying value judgements concerning the role of intoxication contained within. It will also explore how sentencing policy and practice communicate disapproval of intoxication amongst certain groups.

As a visible and symbolic stage in the criminal justice process, sentencing communicates moral and social judgements about defendants’ blameworthiness. How intoxication shapes culpability is not straightforward, and how it should influence sentencing is disputed. Yet, as one of the most common forms of aggravation, clarity around intoxication’s intended use is key to avoiding unwanted disparities and bias in sentencing outcomes.

As jurisdictions increasingly look to structure sentence decision-making through guidelines, investigation into the development of sentencing policies that have led us to where we are, is required.

 

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