AC2.3

• incarceration


  type of custodial sentence for indictable offenders which involves the detention of offenders in prisons
• determinate


  most prison sentences have a fixed duration of time prisoners are required to serve

  
  

  offenders must serve the minimum period set by court (tariff) before they're eligible to be considered for release by the parole board
• effectiveness of aims through incarceration

  retribution as is proportionate to the crime and offenders suffer a loss of liberty

  
  

  deterrence as offenders will return to prison if they reoffend or breach terms of licence, and fear of prison prevents others offending

  
  

  public protection as isolates offender from society

  
  

  rehabilitation through fear of reoffending, behaviour management, serving half on licence
• community sentence


  non-custodial sentence given for summary offences that incorporate rehabilitation and punishment

  
  

  usually include 40-300 hours of work
• types of community sentences


  unpaid work - removing graffiti, litter picking

  restrictions - curfews, residence requirements

  treatment programmes - drug therapy, restorative justice

  job and educational training
• effectiveness of aims through community sentencing

  retribution as unpaid work and restrictions are proportionate to the crime

  
  

  individual deterrence through unpaid work and personal restrictions

  
  

  public protection through curfews and restrictions on places, people and activities

  
  

  rehabilitation through treatment orders and behaviour management

  
  

  reparation as restorative justice helps offender understand impact of their crime
• strengths of community sentencing


  bromley prison briefings reported that this is 8.3% more effective at reducing one-year recidivism rates than custodial sentences of less than 12 months

  
  

  Government claims that restorative justice reduces reoffending of ppts by 14%
• concern of community sentencing


  there's issues with offenders not completing their full amount of hours
• discharge


  a type of conviction where a court finds you guilty but doesn't give you a sentence because the offence is very minor

  the person will still receive a criminal record
• conditional discharge


  often used for minor first offences in a Magistrates' court

  
  

  an alternative sentence can be given for the original sentence if there's reoffending during a specified time period
• absolute discharge


  imposed where there's guilt but the defendant is morally blameless and believe that the court process is punishment enough
• effectiveness of aims through discharge


  individual deterrence as the main aim is to prevent further offending

  
  

  rehab if given a treatment order
• fines


  common disposal for minor offences in a magistrates' court

  - given to individuals or organisations and companies

  
  

  the amount is set by the court after considering the seriousness of the offence and how much money the offender can pay

  
  

  can be paid in instalments however failure to pay can result in prison
• the maximum fine allowed

  unlimited in both the magistrates and the crown court
• effectiveness of aims through fines


  retribution as they can be damaging/penal in nature

  
  

  deterrence as they're based on the income of the offender and large fines may be effective in general deterrence

  
  

  reparation as provides compensation within the community
• limitation of fines


  the daily telegraph announced that a quarter of a billion pounds in court fines have been written off as the offenders can no longer be traced

  
  

  marxists would argue that they're a means of controlling the working class therefore wouldn't be effective in deterring the bourgeoise