Aims of sentencing

• Aims of sentencing

  • When a judge or magistrate must pass a sentence, they look at the type of offence committed and what they want to achieve by punishment. Section 142 of the Criminal Justice Act 2003 states that any offence where the defendant is 18 or over, the court must regard for an aim of sentencing.
• Retribution/punishment


  Aim:

  Imposing a punishment as an offender has broken the law. Based on the 'eye for an eye' mantra.

  Suitable Punishment:

  Tariff sentences are levels of sentencing for what judges give. Sentencing council produces guidelines for which judges can never go below.
• Deterrence


  Aim:

  Punishment aimed to 'put off' defendant from re-offending because of fear of punishment and potential offenders from similar crimes. General deterrence aims at preventing other offenders from committing crimes. 55 per cent of 18 plus year olds reoffend whilst 70 per cent of minors reoffend.

  Suitable Punishment:

  Prison sentence, suspended sentence or heavy fine are considered a deterrent. 2011 riots implemented custodial sentences for minor theft offences. Against retribution as sentencing longer than required.
• Reform/Rehabilitation


  Aim:

  Alters the offender's behaviour so that he will conform to community norms and not reoffend in future. Reforms offender and rehabilitates into society. Good for youth as it looks forward for a better future. Background information used for reformation.

  Suitable punishment:

  Community order, various requirements aimed at rehab.
• Protection of the public


  Aim:

  Criminal Justice Act 2003. Provision for serious offences that where the court is of opinion, there is significant risk to the public.

  Suitable Punishment:

  Life imprisonment or long-term imprisonment for serious offences. Dangerous drivers often lose licenses. Other examples include curfews and exclusion.
• Reparation


  Aim:

  Where the offender compensates victim and/or society for offending behaviour. Brings offenders and victims together such that the offender makes direct reparation.

  Suitable Punishment:

  Pay sum of money to victim. Restitution, the return of stolen goods. Unpaid work as a community project.
• Denunciation


  Aim:

  Expressing societies disapproval of an offender's behaviour. Sentence indicates both the offender and other people that society condemns them, shows justice. This forces moral boundaries.

  Suitable Punishment:

  Drink driving results in disqualification, prison time or a fine.
• Aggravating factors

  • Previous convictions for offences of a similar nature or relevant to present offence
  • Defendant was on bail when committing an offence.
  • Racial or religious hostility being involved in offence
  • Hostility to disability or sexual orientation being involved in an offence.
  • Part of a group being part of an attack
  • Vulnerable victim (elderly or child)
  • Attacking a public service (eg. doctor/nurse)
• Mitigating factors

  • Mental illness of defendant
  • Physical illness of defendant
  • Defendant has no previous convictions
  • Evidence of genuine remorse
  • Guilty plea.

  Time of plea and discount:

  • First opportunity - 1/3 off
  • After Trial Set - 1/4 off
  • Door of Court or After Trial has begun - up to 1/10 off