12: Sentencing

• Theories of Sentencing:

  • Retribution - wrong doing = punishment
  • Deterrence - Punishment in expectation that they won't do it again
  • Rehabilitation - changing behaviour back to normal
  • Incapacitation - unable to commit further crimes
  • Reparation - compensate the victim
  • Denunciation - societal expressions of disapproval of crimes
• In 2001 John Halliday published a report following his reviews on sentencing: 'Making Punishments Work'

  • Wanted more predictability in sentencing for it to act as a deterrent
  • Many of his recommendations were introduced in the Criminal Justice Act 2003
• CJA set the aims of punishment for adult offenders:

  1. Punishment of offenders
  2. Reduction of crime
  3. Reform and rehabilitation of offenders
  4. Protection of the public
  5. Making of reparation by offenders
• 1. Punishment of offenders (deterrence)


  Punishment as a means of expressing public disapproval, offender gets just desserts

  'Eye for an eye makes the world blind'
• 2. Reduction of crime (deterrence/rehabilitation)


  Looks at the future behaviour of the offender. Two forms:

  • Individual = individuals are deterred from reoffending due to their sentence
  • General = public awareness of the sentence the offender receives has an effect on others.
  • Disadvantage: assumes that offenders stop to consider the consequences of their actions when in fact most crimes are committed under drugs/alcohol
• 3. Reform and Rehabilitate

  Rehabilitates offender back in society

  Disadvantage = assumes that all crime is the result of some deficiency or fault in the offender
• 4. Protection of the public (denunciation)

  Offender removed from society who will be protected as the offender is prevented from committing more crime (however, prisons might be unsuccessful)
• 5. Reparation 


  Write apology letters, pay for repair/damage, community work

  Disadvantage = barely a form of punishment
• Coroners and Justice Act 2009 set up a sentencing council for England and Wales, who set up guidelines, monitor sentencing, promote awareness, assess the impact of policy
• What the court will consider:

  1. The seriousness of the offence: mitigating factors (lessen the severity of the offence, e.g under duress, remorse shown, first-time offender) and aggravating factor (increase the severity of the offence, e.g violence, weapon, pre-meditation, committed on bail)
  2. Background of offender (previous convictions, pre-sentence reports, medical reports, financial situations)
  3. Aims of sentencing
• 4 Types of sentencing for adults: 1. Custodial (1 of 2)

  • Should only be given if the offence is so serious that a fine or community service cannot be justified
  • Determinate = court fixes the maximum amount of time offender has to stay in prison
  • Indeterminate = court sets minimum period offender has to stay in prison before being eligible for parole
  • Life sentence: mandatory = no flexibility from it, discretionary = flexible, up to the judge
  • Dangerous provision: dangerous violent offenders receive imprisonment for life or imprisonment for public protection
• 4 Types of sentencing for adults: 2. Community Sentence

  • Unpaid work = 40-300 hours
  • Curfew = remain at fixed address for 2-12 hours in 24 hour period
  • Supervision = by probation officer
  • Exclusion = not to go to certain places
• 4 Types of sentencing for adults: 1. Custodial (2 of 2)

  • Whole life order = given to most serious offenders and will only be released on compassionate grounds (cancer, funeral) with commission of the secretary of state.
  • Suspended sentences (warning) = if during the suspension the offender offends, the prison sentence is activated and will serve the suspended sentence (up to 2 years)
  • Consecutive sentence = serves all years served for every offence
  • Concurrent sentence = serve longest offence
• 4 Types of sentencing for adults: 3. Fines

  • Most common in Magistrates Court. Must consider financial means of the offender
• 4 Types of sentencing for adults: 4. Discharge

  • Absolute = no punishment to offender as it would serve no useful purpose
  • Conditional = no punishment on one condition; no further offence committed within discharge period
• Sentencing Young Offenders: Early Intervention, stopping minor anti-social behaviour early to prevent future offending (1 of 2)


  - Youth Justice Board = monitor, set standards, promote good practice

  • Youth Offending Teams = Implement youth justice plan, offer voluntary parenting programmes
  • Youth Inclusion Programme 8-17 = helps those at high risk to offend, learn skills
• Sentencing Young Offenders (2 of 2)

  • Referral Orders = under 18s appearing at youth court for the first time pleading guilty are referred to the Youth Offending Panel for 'Programme of Behaviour'
  • Penalty Notice of Disorder = penalty for 16-17 to pay or go to court if refused
• Custodial sentences: Youth Offenders

  • Detention and Training Order under 18 = period of detention, training and education and supervision, whilst also tackling behaviour and crime avoidance, set for fixed periods of 4, 6, 8, 12, 18, 29 months
  • Young Offenders Institution OR Local Authority accommodation aged 18-21
  • Detention 'during his majesty's pleasures' = 10-18 convicted of murder
• Community sentences: Youth Offenders

  Youth Rehabilitation orders under s14 Criminal Justice and Immigration Act 2008:

  • Supervision orders = offender attends appointments required by the supervisor
  • Attendance Centre Orders = Offenders under 25 ordered to attend a special centre for a few hours a week for activities
  • Electronic monitoring = curfew requirements
• Community sentences: Youth Offenders

  • Prohibited Activity Requirement = refrained from certain activities for certain period
  • Unpaid Work requirement
  • Parenting orders = support parents in addressing their childs anti-social behaviours e.g councelling, comply with requirements
  • Reparation order = take responsibility and express remorse by repairing harm done
• Youth Court Trials

  • Youth offenders first appearance always held at Youth Court unless there's exceptional circumstances
  • Judges must have special training
  • Not open to the public
  • Less formal to be less intimidating
  • Limited audience
  • Under 16 must have parents/guardians
  • No personal information printed by the press
• Young offenders will be trialed in adult courts if:

  • Charged with murder
  • Charged with 'grave crime'
  • Charged with firearms offence
  • Jointly charged with an adult