Sentencing

• Aims of sentencing : s42 Criminal Justice Act 2003

  • punishment of offenders
  • reduction of crime
  • reform of offenders
  • protection of public
  • reparation by offenders to persons affected by offences
• Retribution- imposing a punishment because the offender deserves punishment.
• Tariff sentences: retribution,

  1. determining the offence category
  2. starting point and category range
• deterrence- giving a punishment aimed at putting off the defendant from re offending because of fear of punishment or preventing other potential offenders from committing similar crimes.
• Individual deterrence:

  Intended to ensure the offender doesn't re offend through fear of future punishment.

  However, 55% of adults prisoners re offend within 2 years of release.
• General deterrence: aimed at preventing other potential offenders from committing crimes, an example is the riots in summer 2011.
• Rehabilitation- trying to alter the offender's behaviour so that they will conform to community norms and not offend in future.
• Reformation- trying to reform the offenders behaviour so that they will not offend in the future.

  Community order
• Protection of the public:

  • Criminal Justice Act 2003, introduced a provision for serious offences that where the court is of the opinion that there is a significant risk to members of the public of serious harm the court must send the defendant to prison.
  • less serious offences- dangerous driving being disqualified from driving
  • imposing a curfew on defendant
• reparation- where an offender compensates the victim for the offending behaviour.

  Community order
• Denunciation- expressing society's disapproval of defendants behaviour.
• Powers of criminal courts: Custodial sentences

  • Crown Court has unlimited powers in sentencing, can pass custodial sentences of any length up to maximum for the offence.
  • Magistrates Court only has the power to send a person to prison for 6 months for one offence or 12 months for 2 offences combined.
• Powers of criminal courts: Fines

  • Crown Court has unlimited power to pass a fine, there is no maximum limit to the amount they can fine someone.
  • Magistrates Court have 5 different levels with a maximum fine for each level
• Sentences available for adults: Custodial sentences

  The most serious punishment a court can impose, range from a few weeks to life imprisonment.

  • mandatory life sentences- murder. Minimum of 12 years
  • discretionary life sentences- other serious offences, max is life but judge doesn't have to impose it
  • fixed term sentences
  • prison population
  • suspended prison sentences- doesnt take effect immediately and there is a time limit and if offender doesnt commit any offences within this time, the offence isnt served.
• Sentences available: Community orders

  s177 of Criminal Justice Act 2003, following requirements can be imposed;

  • unpaid work
  • activity
  • curfew
  • residence requirement
  • mental health treatment
  • alcohol treatment
• Sentences available: Fines

  Most common in Magistrates Court
• Sentences available: Discharges

  • conditional- means the court discharges an offender on the condition that no further offence is committed during a set period of up to 3 years.
  • absolute
• Other powers of the court:

  • disqualifying the defendant from driving
  • compensation order- court can order offender to pay a sum of money to victim of a crime
  • forfeiture order- this orders that certain property in the possession of the offender be taken from them
• Aggravating factors in sentencing: s143(1) of Criminal Justice Act 2003

  • previous convictions
  • on bail whilst committing offence
  • racial or religious hostility involved in offence
  • hostility to disability or sexual orientation involved in offence
  • being part of a group
  • a vulnerable victim
  • premeditated
  • a weapon
• Mitigating factors:

  • co-operation with police
  • helping identify others involved in crime
  • evidence of genuine remorse
  • no previous convictions
  • mental or physical illness of defendant
• Reduction in sentence for a guilty plea:

  • first reasonable opportunity- 1/3
  • after trial set- 1/4
  • after trial has begun- up to 1/10
  • after that no reduction