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Abstract

Indian Journal of Modern Research and Reviews, 2026; 4(4): 171-173

Contemporary Penal Policy in the United Kingdom: Crisis Governance, Judicial Doctrine and Human Rights Constraints (2024–2026)

Author Name: Sudip Halder, Dr. Babita Baeraiya

1. Research Scholar, Faculty of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, India

2. Associate Profes, Research Scholar, Faculty of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, India 2 Associate Professor, Faculty of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, Indiasor, Faculty of Law, Banaras Hindu University, Varanasi, Uttar Pradesh, India

Abstract

<p>The existence of institutional crisis, the legislative intervention, judicial doctrine and the supranational human rights restriction have caused a deep-rooted change in the modern penal policy in the United Kingdom. The introduction of the Victims and Prisoners Act 2024, the Sentencing Guidelines (Pre-sentence Reports) Act 2025 and the Sentencing Act 2026 will be one transformation to a variant of the penal model, which is both selective severity and controlled decarceration. Meanwhile, the jurisprudence of the UK Supreme Court, particularly <strong><em>R v Hayes</em></strong>; <strong><em>R v Palombo</em></strong> and the normative restrictions implied by the European Court of Human Rights [ECtHR] overturns the primacy of proportionality, human dignity and due process. This postulate is based on a synthesis of both empirical criminology and theories of penalty that contemporary penal policy in the UK is a form of the so-called crisis-constitutional penalty, in which punishment is structured according to institutional limitations and through multi-dimensional legalisation, instead of being ordered by a coherent criminal logic.</p>

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Keywords

Contemporary Penal Policy, Crisis Governance, Judicial Doctrine, Human Rights Constraints, Sentencing Reform (UK).