Sentences

• There are give types of sentences available:

  1. Custodial sentences
  2. Community orders
  3. Fine
  4. Points/Driving bans
  5. Discharge
• Custodial sentences can range from a few weeks to life. They also include three types of custodial sentences:

  1. Mandatory life
  2. Fixed term
  3. Suspended
• Custodial sentences are only given for serious offences. Criminal Justice Act 2003: Must not pass a custodial sentence unless the offence "was so serious that neither a fine alone nor a community sentence can be justified"
• A mandatory life sentence is the only sentence for murder.
• A "tariff" is the minimum number of years that the offender must serve before being released.
• Fixed term sentences set a time period, offenders are released on parole after serving half.
• Suspended offence is when a person can be suspended for up to 2 years. If the person reoffends within the suspension period, then they will serve a sentence for the suspended offence and the new offence.
• Community orders come under Criminal Justice Act 2003 but can be given to an offender aged 16 and over.
• Community services come in different ways.

  1. Unpaid word
  2. Mental health treatment requirement
  3. Drug/Alcohol rehabilitation
  4. Curfew
  5. Prohibited activity
• Fines are the most common sentence in the Magistrates Court.
• Discharges are either conditional or absolute.
• Conditional discharges means that the court discharges the offender on the condition that they do not reoffend within a set period.
• Reoffending on a conditional discharge means they will then be sentenced for the discharge offence and the new one.
• Aggravating factors: means the offence is worse, sentence will be higher.
• Mitigating factors: There are reasons why the court can give a lower sentence than normal.
• Aggravating factors can include:

  • Relevant previous convictions
  • Racial or religious hostility being present
  • Vulnerable victim
  • Premeditated attack
  • Victim serving the public

  R v Raheem-ul-Nasir
• Mitigating factors can include:

  • Mental illness
  • Physical illness
  • No previous convictions
  • Co-operation with police
  • Evidence of genuine remorse
• The aims of sentencing comes under s57 Sentencing Act 2020:

  • Retribution
  • Deterrence
  • Reform or Rehabilitation
  • Public protection
  • Reparations
  • Denunciation
• Retribution is only interested in punishment and judges are only interested in balancing the severity of the crime with the punishment.
• To reform or rehabilitate the offender attempts to reduce the levels of future crime, particularly important for young offenders.
• Deterrence is the fear of future punishment. There are two types of deterrence: individual and general.
• Individual deterrence is to ensure that offender does not reoffend.
• General deterrence is to put off other potential offenders.
• Individual deterrence can include prison sentences and fines. Prison doesn't appear to deter as about 55% of prisoners can reoffend within two years.
• General deterrence is when the courts try and an example of someone.
• Public protection often happens for the more dangerous offenders and it generally means prison sentences.
• Reparations can mean compensating victims of the crimes.
• Denunciation is society expressing the disapproval of crime and reinforces moral boundaries.