Criminal record and sentencing: A comparative perspective between England and Wales and Hong Kong

Abstract

An offender's criminal record is nearly always discussed during sentencing. The incorporation of the criminal history of offenders by judges into sentencing decisions surprisingly remains an empirically understudied topic, especially from the comparative perspective. This study used two datasets derived from the sentencing decisions of judges from England/Wales and Hong Kong, respectively. The study demonstrates that the recidivist sentencing premium model is the better explanation for England/Wales as the number of previous criminal convictions is associated with the likelihood of a more severe sentence. Whereas the progressive loss of mitigation model (PLM) is the better explanation with respect to the decision to impose a custodial sentence and the flat-rate sentencing model is the better explanation for sentence length in Hong Kong. This study demonstrates the complexity of sentencing decisions with respect to criminal history and its differences across legal jurisdictions.