2.3

• Fines


  Financial penalties for offending (also known as Fixed Penalty Notices, in some cases)
• Fines


  • Normally given for less serious offences
  • Often used by magistrates' courts
  • About 15% of those found guilty of indictable offences receive a fine
• Factors determining the size of a fine

  • The offence itself
  • The circumstances of the crime
  • The offender's ability to pay
  • Which court is hearing the case
• Aims of fines


  • Retribution
  • Deterrence
• Offenders who fail to pay their fines without good reason may face prison
• Courts can deduct fines from an offender's benefits or send in bailiffs to seize their property in the event of non-payment
• By 2019 the backlog of unpaid fines and court surcharges had reached £623m, many of which are written off as uncollectable
• Prison sentences


  Handed down by the courts for the most serious offences or when the court believes that the public must be protected by removing the offender from society
• Types of prison sentences


  • Indeterminate and life sentences
  • Determinate sentences
  • Suspended sentences
• Life sentence

  The most serious punishment a UK court can hand down, with the offender remaining on license for the rest of their life
• Mandatory/compulsory life sentence


  Must be given to offenders who are found guilty of murder
• Discretionary life sentence


  Can be given for other serious offences such as rape
• Whole life term


  The offender will never be released
• Indeterminate sentence


  Sets a minimum time the offender must serve in prison, with the Parole Board deciding if they are suitable for release
• As of 30th December 2022, there were 8513 (8186 male; 327 female) prisoners serving indeterminate sentences, some of which are IPP (imprisonment for public protection) prisoners
• Determinate sentence


  A fixed length sentence, with offenders normally released halfway through or spending the first half in prison and the second half in the community on license
• Suspended sentence


  The offender is given a prison sentence but does not go directly to prison, with the court imposing requirements they must meet
• In 2019, 15% of those convicted of an indictable offence received a suspended prison sentence
• Aims of prison sentences


  • Retribution
  • Public protection
  • Deterrence
  • Reparation
  • Rehabilitation
• High re-offending rates from ex-prisoners suggest that prison is not an effective deterrent for many
• Nearly half of adult prisoners are reconvicted within a year of being released from jail
• Under the Prisoners' Earnings Act 2011, prisoners who are permitted to work outside of prison can be made to pay a proportion of the earnings to victim support services
• 48% of prisoners re-offend within a year of release, and 64% of prisoners who have served a sentence under 12 months re-offend within a year
• 6789 prisoners were recalled to prison for breaching their probation in 2019
• Community sentences


  Sentences given whereby the defendant serves it in the community, for offences too serious for a discharge or fine but not so serious that a prison sentence is needed
• Requirements of a community order


  • Supervision by a probation officer
  • Between 40- and 300-hours unpaid work (community payback)
  • A curfew or exclusion order
  • A residency requirement
  • A group programme
  • Treatment for drug/alcohol addiction or mental health problems
• Aims of community sentences


  • Punishment (retribution)
  • Reparation
  • Rehabilitation
• Studies have shown that community sentences are more effective at rehabilitating offenders and preventing recidivism than short prison sentences
• Between 2007 and 2020, the proportion of offenders receiving Community Orders fell from 14% to 7%
• Conditional Discharge


  Offender will not be punished unless they commit another offence within a set period of time determined by the court (up to three years)
• Unconditional (absolute) Discharge


  No penalty is imposed, where the defendant is technically guilty but punishment would be inappropriate
• Discharge Deterrence


  The basic aim of discharges is deterrence. They are the lowest level punishment and are, in effect, a warning to the individual's future conduct.
• There is a low rate of re-offending following a discharge, especially if it was for a first offence
• For many first offenders, the experience of simply going to court is enough for them to mend their ways
• Discharges largely appear to meet their punishment aims