2.3

• Aims of sentencing (Criminal Justice Act 2003)

  • Punishment of offenders (retribution)
  • Crime reduction, including through deterrence
  • Rehabilitation
  • Protection of public (incapacitation)
  • Reparation to victims
• Types of punishment (sentencing framework)

  • Imprisonment
  • Community sentence
  • Fines
  • Discharges
• Life licence


  Offenders considered too dangerous to release, with no automatic right to be released after a minimum term. Parole board decides.
• Marlon Evans, the founder of the penal reform charity Broken System, is running a campaign to be elected as a town councillor. His campaign is focused on law and order. He proposes the introduction of environmental measures that will facilitate improved crime control in the town. Broken System campaigns for criminals to be rehabilitated rather than punished for their crimes. It opposes the view that prison is an effective measure in crime prevention.
• Deterrence (aim of prisons)


  To make prison as unpleasant as possible to make people not want to commit crime
• Rehabilitation (aim of prisons)

  Helping offenders to not commit crime again
• Community payback


  Offenders usually serve this sentence in their local area, up to 300 hours of work
• Why offenders wear orange vests

  • High visibility, makes them easy to see by the community payback supervisor, and to embarrass them
• Conditions that may accompany community payback

  • Counselling sessions
  • Drug testing
  • Accredited programmes (e.g. anger management)
  • Mental health treatment
  • Improving reading/writing
  • Help with job application/interview skills
  • Curfew/exclusion order
  • Residency requirement
  • Group programme
  • Mental health assessments
• Case of community payback received by someone famous

  • Kurt Zouma (footballer) - abused his cat, sentenced to 180 hours unpaid community payback clearing out canals
• Rehabilitation (aim of community service)


  Teaching offenders to not commit crime
• Reparation (aim of community service)


  Offender makes amends for what they have done, pays back the community
• Retribution (aim of community service)

  Society sees that the offender is punished
• Incapacitating (aim of community service)


  Conditions given to protect the public
• Conditional discharge


  Not punished unless they commit another offence within a set period of time determined by the court (up to three years). If they do, they can be sentenced for the original offence and the new one, and they will receive a criminal record.
• Absolute discharge


  No penalty given. May be granted when the defendant is guilty but where punishment is inappropriate (usually because they are morally blameless). Not classed as a conviction. Usually in minor cases.
• In 2022, around 26,000 offenders were given a discharge, representing 2% of offenders sentenced
• Deterrence (aim of discharges)

  The basic aim is deterrence as in effect they are a warning about one's future conduct
• Generally there is a low rate of reoffending after discharge, especially for first offences
• The act of going to court may be scary enough for them to mend their ways
• Indeterminate sentence


  Given to offenders who were considered too dangerous to release. No automatic right to be released after a minimum term. Parole board decides.
• In 2018 there were 10,000 prisoners serving an indeterminate sentence (14% of the prison population)- that's the highest in Europe
• IPP (Imprisonment for Public Protection)


  A type of indeterminate sentence, permitted under the Criminal Justice Act 2003, but ruled unlawful in 2012
• Determinate sentence


  Fixed length. If under 12 months, normally serve half in prison and the other half out on licence with the supervision of probation including conditions.
• Sentences


  • Prison
  • Community Sentences
  • Discharge
  • Fines
• Deterrence


  Doesn't deter people - reoffending rates high for the UK
• Deterrence (community sentences)


  Can act as a deterrence as people may want to avoid having to work unpaid for the community
• Deterrence (discharges)


  Act as a warning - low offending rates after, therefore meets its aim
• Deterrence (fines)


  May not want to reoffend again to prevent having to pay more, or even being sent to prison for a second offence - normally used in the first instance
• Incapacitation (prison)


  Removes the offender from society - prevents them from offending, doesn't always work - violent crime and drug abuse continue inside prison
• Incapacitation (community sentences)


  Curfews and restrictions as to where they can go and when may help prevent them reoffending while serving out their sentence
• Incapacitation (discharges)


  The offender is not stopped from doing anything, unless given a conditional discharge in which they'll have a prison sentence if they reoffend
• Rehabilitation (prison)


  High reoffending rates, short sentences mean they can't be rehabilitated
• Rehabilitation (community sentences)


  Offenders may be required to undergo treatment for their addiction problems, or training courses
• Rehabilitation (discharges)


  Doesn't actually punish a crime, just warns of a punishment, therefore does not help reduce recidivism
• Retribution (prison)


  Punishes the offender by placing them in an undesirable place - doesn't always work as public think they aren't being punished enough (still allowed TV, free education, etc)
• Retribution (community sentences)


  Curfews and exclusion orders put in place, restrict offender's movements - makes the offender suffer. High visibility vests worn with community payback written on the back - makes attention be drawn to the offenders, can be considered embarrassing
• Retribution (discharges)


  Doesn't punish the offender, only threatens them, therefore does not carry this out
• Retribution (fines)


  Offender has to pay money, which is a punishment that directly affects them
• Reparation (prison)


  Doesn't carry this out, focus is on the offender not the victim