the aims of sentencing#

• Magistrates are subject to the maximum sentences that the magisttrate's courts and magistrate's association guidelines
• Judges have to take int oaccount the court of appeal guidelines and the sentencing act 2020
• what are the four aims of sentencing?

  Retriubtuion

  deterrence

  rehabilitation

  public protection
• The idea of punishment for retribution is that the offender deserves punishment for doing a criminal act(s). The sentencing aim of retribution doesn't seek to reduce crime, or alter the offender's future behaviour.
• What was said about the retributive nature of sentencing in the metaphysical elements of justice by Kant?

  Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime.
• A retibutive sentence contains an element of revenge:

  Society and the victim are being avenged for the wrong that was done. this is how long prison sentences for serious offenders are justified.
• Individual deterrence is the theory that by imposing a severe penalty, the offender should think twice for the fear of punishments like prison sentences, a suspended sentence or a heavy fine.
• Under the criminal jsutice act 2003 , retribution or proportionality is the leading aim of sentencing a criminal
• Deterrence is concern ed with the prevention of future crimes being committed.
• General deterrence is aimed at deterring potential lawbreakers from committing crimes.
• An exemplary sentence is the type of sentence passed for the sake of general deterrence. this means that the court punishes and offender in order to show to the general public what is likely to happen when people behave as the defendant did.
• the main aim of a reformational or rehabilitative sentence is to reform the offender and rehabilitate them into society. it is a forward-looking aim that is concerned with altering the offender's behaviour so that they don't reoffend.
• The legal aid sentencing and punishment of offenders act 2012 introduced new sentences where the aim is to protect the public from violent of prolific offenders,
• Custodial sentences are the main way of protecting the public. if the offender presents a significant risk to members of society, they must be sent to prison where they cannot commit further crimes.
• The ppresent sentencing system provides a degree of public protection by placing some offenders in custody which prevents them from committing further offences. this aim is already persued in relation to certain convicted murderers.
• The concept of reparation was introduced by the criminal justice act 2003 and it involves an offender giving a remedy to their victim or society.
• The extended determinate sentence introduced by the Legal Aid Sentencing and punishment of Offenders Act 2012 protects the public from offenders who hajve committed serious sexual or violent offences. they have to serve a custodial sentence and an extended period on license, the minimum custodial period is 12 months.
• The legal aid, sentencing and punishment of offenders act 2012 also introduced a new mandatory life sentence for offenders who are convicted of a second and very serious sexual or violent crime. they will be removed from circulation to protect society.
• Those who commit murder or other serious crimes are given life sentences. when considered to no longer be a danger to the public, the parole board may consider releasing them on licence.
• Community sentences can also protect the public:

  A curfew removes the offender from a certain area or place at certain times of the day to make them safe for the public. Wearing an electronic tag allows for the probation service and police to monitor an offender's location and compliance with their curfew order. The legal aid sentencing and punishment of offenders act 2012 increased the curfew requirement to be from 6 - 12 months, and the curfew period to be from 12 to 16 hours a day.
• Communityt orders offer treatment and education to offenders who are dependent on drugs and/or alcohol
• The public is protected when people convicted of driving offenses are taken off the road, either in prison or in banning them from driving. the legal aid, sentencing and punishment of offenders act 2012 introduced a maximum of five years imprisonment for causing serious injury via dangerous driving.
• Section 142 of the legal aid sentencing and punishment of offenders act 2012 introduced the offense of threatening with an offensive weapon or article containing a blade or point in public or on school premises.
• A reparative sentence is aimed at compensating the victim of the crime, this is usually by ordering the accused to pay a sum of money to the victim or make some sort of reparation, like returning stolen property to the owner.
• The idea that criminals should pau compensation to the victims of their crimes is long established. Judges and magistrates are required to consider ordering compensation to the victim of a crime, as well as any other appropriate penalty. Under section 130 of the Criminal Courts (Sentencing) act 2000 the courts are under a duty to give reasons if they don't make a compensation order.
• offenders and victims are brought together so that the offenders may see the effect of their crimes and make direct reparation, perhaps by doing some sort of decoration or gardening in the victim's home. the offender may also make reparations to society by doing unpaid work on a community project, that is supervised by the probation service.