Forms of Punishment

• Imprisonment

  Long sentences incl. life sentences achieve the aim of protecting society
• Imprisonment (sentences less than 2 years)


  Released on licence, having to conform to bail conditions and supervision. This helps the aim of rehabilitation to be achieved & hopefully stop re-offending occurring
• There has been an increase in the number of people recalled to custody. Numbers have increased by nearly 1000 people
• The high rates of re-offending and high numbers of those being recalled to prison could show that prisons do not rehabilitate individuals
• Fines


  Main purpose is to provide deterrence and punishment for the offender. Financial punishment given through payment of fine
• Fines


  Can be escalated if not paid. Possible prison time can be given for non-payment of fines
• Many fines are written off (61%) if the offender cannot be traced & there is no realistic chance of collection
• Due to the figures, fines are not an effective method of achieving retribution or deterrence. Furthermore, the threat of prison for failing to pay does not seem to have an impact
• Community Sentences


  Combines the aims of punishment & repatriation with individuals being punished by working unpaid & also paying/giving back to society
• Community sentences are nearly 9% more effective at reducing one-year re-offending rates compared to imprisonment
• In 2013 more than 3/4 of those sent to prison the previous year had already at least one community sentence
• This suggests that community sentences do not meet the aim of rehabilitation fully. Plus, it doesn't always act as a deterrent to not commit further criminal activity
• Conditional discharge


  Used frequently for first time minor offences. Aims to stop re-offending & deterrence by having the cavate that if re-offending occurs, a more severe punishment can be given
• Absolute discharge


  Rare, but is when no penalty is imposed. It's the lowest level of punishment. A court believes the process and experience of being arrested, court etc is enough deterrence to ensure no further crimes are committed
• This would not work for those who do not respect the system as they would likely be back in court for re-offending
• Life Sentences


  • The most serious punishment a UK court can hand down
  • The judge sets the minimum time an offender must spend in prison before they are eligible for release by the Parole Board
  • The Parole Board decides whether to release the offender
  • If successful, the offender is released on licence where they will have to follow specific rules and conditions and be supervised by the probation service
  • The offender remains on licence for the rest of their life
  • Offenders have no automatic right to be released after the minimum term has been served
  • In 2018 around 10,000 prisoners were serving one of these sentences, accounting for around 14% of the prison population - highest in Europe
  • Some IPP prisoners are serving these sentences - IPP sentences came into force in 2003 but were ruled unlawful in 2012 but still around 2600 IPP prisoners in 2018
• Mandatory life sentence


  • This is compulsory and must be given to those found guilty of murder
  • Discretionary life sentences can also be given for other serious offences such as rape
  • In some very serious cases, a judge may sentence an offender to a whole life term - the offender will never be released
• Determinate sentences


  • These set a minimum time the offender must serve in prison
  • Offenders have no automatic right to be released after the minimum term has been served
  • The Parole Board decides whether to release the offender
  • If agreed, the offender is released on licence
  • In 2018 around 10,000 prisoners were serving one of these sentences, accounting for around 14% of the prison population - highest in Europe
  • Some IPP prisoners are serving these sentences - IPP sentences came into force in 2003 but were ruled unlawful in 2012 but still around 2600 IPP prisoners in 2018
• Suspended sentences


  • The offender is given a prison sentence but does not go directly to prison - up to 2 years
  • The court can also impose requirements such as entering drug rehabilitation programmes
  • The offender will be sent to prison to serve their original sentence if they commit crime during the suspension period
  • In 2018 16% of people convicted of serious offences received a suspended sentence
• Most prisoners in the UK serve determinate sentences (60-65,000 in 2018)
• In most cases not all of the sentence is served in prison e.g. If the sentence is 12 months or more, the offender is normally released half way through, if the sentence is 12 months or more, the offender spends the first half in prison and the second half in the community on licence
• Offenders sentenced to less than two years are released on post-sentence supervision for 12 months, with regular meetings with a probation officer and specified requirements
• Community Sentencing


  • These are given for offences that are too serious for a discharge but not serious enough to require imprisonment
  • A Community Order given by the court will have one or more of these requirements: Supervision by a probation officer, Between 40-300 hrs of unpaid work eg Community Payback, A curfew or exclusion order, A residency requirement eg to live at a supervised, probation-approved bail hostel, A group programme, eg anger-management, drink-drivers etc., Treatment for drug and alcohol addiction (including testing) or for mental health issues
• If an offender breaches their community sentence


  They can be sent to prison
• Curfews and tagging


  Are a means of identifying the whereabouts of offenders which also protects the public in some communities
• Between 2007-2017 the number of community Orders fell from 14%-8%
• Fines


  • Financial penalties for offending
  • They are given for less serious offences
  • They are often handed out in Magistrates' Courts
  • Even with more serious indictable offences about 15% of those found guilty receive a fine
  • The size of a fine depends on: The offence (The law states a maximum fine for certain offences), The circumstances of the crime (Sentencing guidelines give a range of options eg was it was a first offence? or how much harm has been caused?), The offender's ability to pay (A poorer defendant will receive a smaller fine and may be asked to pay in instalments)
  • Magistrates can only impose fines up to £5000 or £10000 for two or more offences
• The amount of unpaid fines is quite high - in 2016 £747m of fines went unpaid
• These unpaid fines are often written off as uncollectable
• Discharges


  • When the court finds someone guilty of a minor (usually first-time) offence but decides not to hand down a criminal conviction, they will be given a discharge
  • Conditional discharge: The offender will not be punished unless they commit another offence within a set period of time (up to 3 yrs). If they commit another offence they can be sentenced for both the original and the new offence. This results in a criminal record
  • Absolute/Unconditional discharge: This means that no penalty is imposed on the offender. This happens where the offender is guilty but where punishment would be inappropriate, usually because the defendant is morally blameless. It is not classed as a criminal conviction.