sentencing

• sentencing is set out in section 142 of the criminal justice act 2003
• the 5 main aims of sentencing are

  punishment

  reduction of crime

  reform and rehabilitation of offenders

  protection of the public

  reparations
• retribution is based upon the idea of punishment and that the D deserves punishment for his acts

  suitable punishments include

  tariff sentences
• reduction of crime through deterrence

  • individual - offender is deterred through fear of further punishment
  • general - potential offenders warned as to likely punishment - tries to prevent them from committing crimes
• reform and rehabilitation of offenders

  try to change the offenders behaviour so that they will not offend in the future

  reformation is an important elements in the sentencing for young offenders - also used for some adults offenders

  courts are given background about the defendant - the courts can consider other factors such as medical problems
• protection of the public

  public need to be protected from dangerous offenders

  life imprisonment is given to those who commit violent or serious sexual crimes
• protection of the public

  less serious offences arent to be given an imprisonment sentence but might have their driving license taken from them if they are to be a dangerous driver - have to protect the public
• reparation

  compensating the victim of the crime - tends to be by paying them money

  can repay them by doing unpaid work
• when deciding on a sentence the courts consider

  • the offence
  • sentencing guidelines
  • the offenders background
• aggravating factors - makes offence more serious

  s143(1) criminal justice act 2003

  • previous convictions for related offences
  • d was on bail when committed offence
  • racial or religious hostility was involved
• mitigating factors - makes offences not as serious

  • court can take into account the cooperation with the police
  • physical or mental illnesses of D
  • if D had no prior convictions
  • if there is evidence of genuine remorse
• types of sentencing

  • fines
  • discharges
  • custodial sentences
  • community orders
• discharges - conditional


  conditional - the offender will have a criminal record but no action will be taken against them as long as they dont commit a crime within 3 years. IF they do then they can be charged for the previous and the new crime committed
• discharges - absolute


  absolute - the offender will have a criminal record but no further action is taken against them - this tends to be the case for first time offenders charged with a very minor offence
• fines

  might be told to pay a fine as well as complete another type of sentence -tends to be community

  court take into account 2 factors

  • seriousness of offence
  • financial means of the offender
• custodial - an imprisonment sentence

  could lose jobs/families if sent to prison

  custodial sentence may be imposed to protect the public from violent or sex offenders
• community orders - s177 CJA 2003

  unpaid work

  mental health treatment

  have a curfew set

  alcohol/drug treatment requirement

  exclusion requirement