Aims of sentencing and factors

• What does S142 CJA 2003 states?

  Judge must consider the aims of sentencing
• What are the aims of sentencing?

  punishment, reduction of crime, rehabilitation, protection of public, reparation
• What does punishment mean?

  D has done wrong and the court need to make that right for V and society
• What is punishment also known as?

  retribution
• What does S2(2)CJA 1991 states?

  The punishemtn must fit the crime
• What do the sentencing council do?

  provide tariffs for different offences as guide for judges
• What is reduction of crime and what does it mean?

  Deterrence. To put off future crimes from happening through individual or general deterrence
• What does individual deterrence mean?

  To put off D from committing future crimes through fear of punishment
• What are some example of sentences for individual deterrence?

  large fines, prison, suspended sentence
• Is individual deterrence effective?

  Not very effective as 55% of Ds reoffend within 2 years
• What is general deterrence?

  Putting off the public from committing crimes by showing them the consequences faced by others who break the law
• Is general deterrence effective?

  It is debetable. An example would be the 2011 Riots when people were looting shops. Minor thefts were dealt with custody to send a clear message about how seriously this was taken
• What does rehabilitation mean?

  to try and change Ds behavior to reform him and prevent him from reoffending
• What does rehabilitation should take into account?

  Ds individual circumstances such as drug addiction
• How can rehabilitation be achieved?

  through community orders
• What does protect the public mean?

  incapacitating the offender by putting him in prison to stop harming the public (CJA 2003)
• What crimes does incapacitating D applies to?

  violent or sexual crimes
• what are some examples of sentences for D (public protection)?

  sentenced to life or a long term of imprisonment, disqualified from driving, curfew, exclusion order
• What does reparation mean and how can it be achieved?

  give back to V or society through compensation or unpaid work
• What does s143(1) CJA 2003 states?

  certain factors must be considered when looking at how serious Ds offence is