types of sentences

• range of sentences

  • Custodial sentences
  • Community sentences
  • Fines
  • Discharges
• Custodial sentences

  Custodial sentences are the most serious type of sentence as the defendant is deprived of their freedom by being put into prison or a young offenders institution

  s230 sentencing act 2020 states that the court must not pass a custodial sentence unless it is of the option that the offence… Was so serious that neither a fine alone nor a community sentence can be justified for offence

  in other words a custodial sentence should only be imposed if the offender is so serious that only custody is justified

  The maximum term is set out in the relevance statute
• advantages of custodial sentences

  • custodial sentences are suitable for violent or sexual offences because they protect the public by removing criminals from the general population
  • they may also act as a general deterrent to others
  • offenders may be offered help with rehab rehabilitation when imprison such as drug treatment or education programs to try and reduce the risk of reoffending
• disadvantages of custodial sentences

  • 59% of prisoners reoffend within two years of release, so prison cannot be said to effectively rehabilitate offenders
  • 2/3 of people on short sentences reoffend within one year and with young defendants this figure is nearer 75%
  • it can be argued that prison exposes offenders to other criminals making them more likely to reoffend at a copper prisoner of £37,500 a year it is also extremely expensive
  • in 2016 there were 119 suicide imprison the most since records began and almost 38,000 incidents of self harm as well as over 25,000 assaults
• community sentences

  • community sentences must contain a punitive element under the crime and courts act 2013
  • under the sentencing act 2020 S200 there is a single community order and it is possible to insert this a wide range of requirements such as an unpaid work requirement a drug rehab rehabilitation requirement or a curfew requirement
• advantages of community sentences

  • there may be benefits to the community from unpaid work such as removing graffiti or clearing overgrown areas
  • offenders may need to attend drug treatment programmes as part of a community sentence this may prevent reoffending
  • offenders can make amends to victims through community which achieve the aim of reparation
  • Community sentences are also flexible as the judge can choose the requirements of the community order to fit the offender and his sentencing aims
• disadvantages of community sentence

  • community sentences may be less effective than imprisonment at deterring further crimes being committed and are certainly less appropriate for protection of the public prison
  • Probation and monitoring of offenders cannot last forever and some offenders will get back into old habits
  • Community sentences are viewed by many as not a real punishment. Many considered punishment should be tougher so it can be argued that community sentences do not bolster public confidence in the justice system
• fines

  fines are the most commonly imposed sentence and must take into account the defendants finances there is no maximum fine for more serious offences than either the magistrates or crown courts but the court must make sure the fine reflects the seriousness of the offence as well as the ability of the offender to pay
• advantages of fines

  • fines are calculated based on income and there is no maximum level of fine for serious offence. Anyone can be fined if appropriate.
  • fines cause a person to give up something they have worked for and do not lead to costs for anyone else
  • people who receive fines are less likely to reoffend than those receiving other sentences although this may be because they may have committed serious offences to begin with
• disadvantages of fines

  • many offenders are on low income or on benefits and may struggle to pay a fine which is unfair
  • enforcement is a major issue. One third of all fines are never paid and in 2004–5 £75 million worth of fines had to be cancelled.
  • finds an inadequate punishment for violent offences
• discharges

  • in some cases where the defendant is found guilty there is no fixed sentence and the court thinks that a punishment is inappropriate. It can order an absolute conditional discharge.
  • absolute discharge is when the defendant is free to go and is used where the defendant is legally culpable but morally blameless
  • conditional discharge is when no further action is taken unless the defendant reoffends within a set period of up to 3 years
• advantages of discharges

  • although no punishment may be necessary, the offender still has the discharge on their record although it is not classed as a conviction so they are not treated too lightly and the guilt is recognised
  • Conditional discharges encourage better behaviour in the future
  • discharge is taken into account app for some going through the court process may be punishment enough
• disadvantages of discharges

  • discharges may be seen by some as an easy option and it can be argued that they may be unfair on victims of crime
  • Those given an absolute discharge not have to comply with any conditions and may not be punished more severely if they do reoffend