AO1 - Aims of Sentencing

• s.142 Criminal Justice Act 2003 introduced five sentencing aims, the court must tell the defendant what their chosen aim/s are and what they expect them to achieve
• 1. Punishment of offenders

  • Retribution - Idea of punishing the offender for the act they have committed, it does not seek to reduce crime and is really a way of seeking revenge for the criminal offence. Tariff sentence is based on the idea of proportionality
  • Denunciation - Society can express its disapproval of criminal activity, this sentence should demonstrate the way in which society condemns certain types of behaviour, e.g. murder stays on record for life. It shows the public that justice has been achieved and reinforces moral boundaries
• 2. Reduction of Crime

  • Individual deterrence - Aim is to reduce crime by deterring offenders from committing the crime again or similar crimes, this is done by giving the offender a severe penalty like a prison sentence or heavy fine
  • General deterrence - Aims to deter society from committing offences by passing a harsh sentence when there is a large increase in a particular crime, the aim is in direct conflict with retribution
  • For example, Lord Woolf in 2002 recommended a minimum of 6 months imprisonment for mobile phone theft
• 3. Reform and Rehabilitation

  • Aims to help reform the offender to stop them from re-offending
  • Involves 'looking forward' and aims to reform and rehabilitate the offender through education and training and altering their behaviour so they do not commit crimes in the future
  • Rehabilitation leads to individualised sentences which look at the needs of the offender
  • Main aim when sentencing a young offender
• 4. Protection of the Public

  • Public should be protected from dangerous offenders
  • A dangerous driver can be given a driving ban - this protects both road users and pedestrians
  • If the offender presents a significant risk to members of society, they must be sent to prison to protect the public which prevents them from committing further offences
  • This is known as incapacitation and means the offender is made incapable of reoffending by being removed from society
• 5. Reparation

  • Involves making of reparation by offenders to persons affected by their offences
  • Aims at giving something back to the victim
  • s.130 Powers of the Criminal Courts (Sentencing) Act 2000 suggests the offender to pay compensation to the victim or make restitution
  • Includes reparation to society as a whole