Types and aims of sentences

• Custodial sentences?

  Prison (can be immediate or suspended).
• Financial orders?

  fines (paid to court), or compensation orders (paid to V).
• Community orders?


  A judge can select a variety of requirements to suit D (e.g. anger management, unpaid work, drug/alcohol rehabilitation, etc.)
• Discharge?

  No punishment as such, but will go on D’s criminal record (two types: conditional or absolute).
• s.142 Criminal Justice Act 2003 sets out five main aims of sentencing:

  Punishment, public protection, rehabilitation, reduction of crime including through deterrence and reparations.
• s.142 punishment

  Sentence must be proportionate to the seriousness of the crime committed (retribution)

  • for serious offences - custodial sentences
  • for minor offences - fines or community orders
  • where morally blameless - discharge
• S.142 public protection

  Remove/reduce risk to society

  • custodial sentences for violent/sexual offences
  • driving bans and curfew also help protect public
• s.142 rehabilitation


  to reform the offender so that they no longer want to commit crime

  • community orders with requirements like anger management courses or drug/alcohol rehabilitation
• s.142 reduction of crime, including through deterrence

  put off crime through fear of a similar sentence: either D (individual deterrent) or public (general deterrent). Sentences must be harsh to be an effective deterrent.

  • harsh sentences - long custodial or very large fines
• s.142 reparations

  D to make thing right agin (not always entirely possible)

  • e.g. compensation order made payable to the victim
  • community order with requirement of unpaid work
• Sentencing factors

  When deciding D’s sentence, a judge must consider:

  1. Maximum sentence for that type of offence (cannot give more than this)
  2. Aggravating factors (go against D - make sentence more severe) - use of weapon, racist or homophobic attack, no remorse, etc.
  3. Mitigating factors (go in D’s favour - lesser sentence) - early guilty plea, remorse, cooperation with police, first offence etc.