Sentencing

• s142 criminal justice act 2003
• aims


  punishment, reduction of crime, reform and rehabilitation, protection of the public, reparation
• punishment - punishes offender
• reduction in crime - deterrence (specific to individual or general to public) from committing crimes
• reform and rehabilitation - offender helped to solve issues behind his/her criminal behaviour to avoid re-offending
• protection of the public - public need protection from dangerous criminals, imprisonment removes criminals from public domain by restricting their liberty
• reparation - offender makes amends for their crime. Attempt to repair damage cause by offence, encouraging offenders to accept responsibility for their crime
• factors


  aggravating, mitigating, pre sentencing report, sentencing guidelines
• aggravating - factors which make an offence more serious resulting in a more severe sentence (e.g use of weapon, premeditated attack, vulnerability of victim, racial or religious motives)
• mitigating - offender receives a more lenient sentence (e.g previous good character, personal circumstance, remorse, guilty plea)
• pre sentence reports - prepared by probation service containing basic information of the offender's age, background, any previous convictions
• sentencing guidelines - CJA 2009 set up sentencing council, prepares guidelines, monitors operation and effect, draws conclusions to promote awareness of sentencing and practice to public
• types of sentences 


  discharge, fine, community, custodial
• discharge - d has been convicted for offence but court believes punishment is unnecessary, conditional and absolute
• conditional discharge - offender has criminal record but no further action will be taken against them as long as they do not commit a further offence within 3 years
• absolute discharge - they will have a criminal record but no further action is taken against them (first time offender with very minor offences)
• fine - requires offender to pay a financial penalty, may be imposed alone or in addition to another type of sentence (seriousness of offence and financial means of offender taken into account)
• community - serious punishment but alternative to prison, can be given to anyone over age of 16. Effective for rehabilitating offenders
• custodial - imprisonment, removal of offender's liberty (may lose jobs, homes and families as a result), protect public

  CJA 2003 to give custodial sentence of offence 'was so serious that neither a fine alone nor a community sentence can be justified for the offence'
• types of sentences

  mandatory, discretionary, fixed term, suspended
• mandatory life sentence - crime of murder is automatic life sentence. Judge sets minimum time served. whole life (30 and 15 years)
• discretionary life sentences - judge has power to sentence offender anything up to life imprisonment (manslaughter, rape, robbery)
• fixed term sentences - offenders who have committed other crimes, sentenced for a set of months or years. offender will be automatically released after half of their sentence
• suspended sentences - exceptional circumstances, varies from 6 months to 2 years, Sentence can be suspended between 1 to 2 years. Offender does not have to go to prison but may have to do work in community and commit no further offences in the time