sentencing and court powers: aims, factors and types

• Who are the CPS and what do they do?

  They decide whether there's enough evidence to charge and prosecute someone. If prosecuted and either pleads guilty or is found guilty then they're sentenced
• Sentencing code?


  Came into effect in 2020 to consolidate existing sentencing procedure law into a single Sentencing Act 2020
• What factors are taken into account before an offender is sentenced?

  • seriousness of the offence
  • level of harm caused
  • blameworthiness
  • D's criminal record
  • personal circumstances eg single parent
• What does pleading guilty do?

  Takes 1/3 off the sentence, tempting D to own up and allowing V's family to have a higher chance of the verdict they want. It can also save money and the stress of the trial for V's family
• 4 main types of sentence?

  • prison
  • community sentence
  • fines
  • discharges
• Aggravating factors of sentencing?

  • offence committed on bail
  • previous convictions
  • hostility based on discrimination and prejudice
  • assaults on emergency workers
  • terrorist connections
  • using a minor to hold a weapon
  • supply of controlled drugs near school or involving children
  • supply of psychoactive substances
• Mitigating factors of sentencing?

  • reduction in sentence for guilty plea
  • reduction of sentence for assistance to prosecution
• Custodial sentence

  • most serious offences
  • protection of public
  • length depends on seriousness and the max penalty allowed for the offence
  • minimum sentences for serious offences unless there are exceptional circumstances eg min of 7 years for Class A drug trafficking
• Life sentences


  When passing a life sentence a judge must specify the minimum term an offender must spend in prison before being eligible to apply for parole. The only exception is a life sentence with a 'whole life order' meaning no chance to get out.
• Whole life tariff


  Spend the whole of your life in prison eg Myra Hindley
• Effect of life sentences?


  Other life sentences which specify a minimum tariff mean that D will spend a long time in prison and may never be released. If they are they're closely monitored for the rest of their life and could be sent back for disobeying the terms of their licence.
• Discretionary life sentences

  • Some offences have a maximum of life which an offender could get but might not. Life is given where blameworthiness is very high or the offence is exceptionally grave
  • Where judge gives life, a minimum must still be provided before an offender can be considered for release
  • When min term has expired the Parole Board decide whether D should be released on licence, if it's deemed D no longer needs to be in prison for the protection of the public then they're released
  • Release= must obey rules of licence and any other conditions eg meeting with probation officer
• Mandatory life sentences?


  Parliament decided judges must give a life sentence to all offenders found guilty of murder. The judge will set a minimum term before an offender can be considered for release by the Parole Board- a 'tariff'. 5 factors that make murder more serious, resulting in a higher tariff include: premeditation, vulnerable victim, manner of death, abuse of position of trust or even V who was providing a public service.
• Extended sentences?


  Can be given for some violent or sexual offences. May be given when:

  • D is guilty of a specified violent or sexual offence
  • D poses a significant risk to the public
  • a sentence of imprisonment for life is not available or justified
  • previous convictions

  Hoped to provide extra protection to the public where D is particularly dangerous so an extension is essential to stop the risk of harm to the public. The judge decides how long it will be extended and fixes the extended licence period up to a max of 8 years.
• Determinate prison sentences


  Most common, the court set a fixed length for the sentence. This is the maximum period an offender could spend in prison so they won't necessarily spend the whole of this time in prison. For sentences under a year, D is released automatically after serving half. If they commit a further offence during this time, the unexpired part of the sentence could be added to any new one. For sentences of 1 year+ an offender will serve half in prison and the rest in the community on licence, with supervision and conditions. Any breach= sent back to serve the remainder.
• Determinate prison sentences for offenders serving between 3 months to 4 years?


  With certain exceptions for violent and sexual offenders, people serving this sentence length may be eligible for release on a home detention curfew (HDC). Allows an offender to be released up to 135 days before their automatic release date. The offender will be electronically tagged and a curfew imposed. If the offender breaches this they can be recalled to prison.
• Suspended sentences


  D doesn't go to prison but must comply with requirements. A court imposing a sentence from 14 days- 2 years (6 months for mags) may choose to suspend it for up to 2 years. Meaning D doesn't go to prison immediately but is given the chance to stay out of trouble and to comply with up to 12 requirements set by the court. These include: unpaid work, curfews, treatment programme, supervision etc. If D doesn't comply with the requirements or is convicted of another offence during the suspension period they're likely to serve the original custodial term and the extra sentence.
• Fines (sentencing)


  Most common type of sentence given for lower level crimes that are common eg minor driving offences. the amount is set by the court after considering the seriousness of the offence and how much money the offender can pay. Fines can be given to organisations or companies as well as individuals. The max fine in mags is £5000 but in Crown it's unlimited
• Discharges (sentencing)


  Given for the least serious offences such as very minor thefts. The court may give an absolute discharge, meaning they decide to not impose punishment because the experience of going to court is enough. However D still gets a criminal record. A conditional discharge can be given where if the offender commits another crime they can be sentenced for the first offence and new one. In 2011 93000 defendants were given a discharge representing 7% of all sentences.
• Summarise types of sentences

  • custodial- imprisonment for a period of time set by the court
  • whole life term- never released
  • discretionary life- where D's offence has life imprisonment available but it's not fixed by law
  • release on licence- spend rest of sentence released under conditions
  • suspended- sentence delayed and good behaviour for the whole of the suspended period= no imprisonment
  • fine- money D must pay
  • Conditional discharge- offender is released unless a further offence is committed
  • unconditional discharge- offence committed but court holds it inappropriate to punish them
• Community sentence?


  Combines punishment & communal activities. Can include 1 or more of 12 requirements on an offender. This could include unpaid work or community payback, which can demand between 40-300 hours of unpaid work, which might include things like removing graffiti or cleaning overgrown areas. D works in the local area in a high visibility jacket. If unemployed D is expected to work 3-4 days, if employed work will be arranged outside normal working hours eg weekends or evenings.
• A community sentence could also mean D is required to have alcohol or drug treatment, which aims to tackle the reasons for committing the offence. 40% of violent crime is committed under the influence of alcohol. Offenders might also be required to keep to a curfew, which aims to keep them out of trouble.
• The full list of requirements available for community sentences?

  • unpaid work for up to 300 hours
  • rehabilitation activity
  • programme to change offending behaviour
  • prohibition of activities
  • curfew
  • exclusion requirement
  • residence requirement
  • foreign travel prohibition
  • mental health treatment, drug rehabilitation, alcohol treatment

  If D doesn't consent to these requirements the next step up is punishment. Community sentence orders are managed by prohibition officers from the National Prohibition Service who plan and coordinate the supervision programme. 87000 offenders were given a CS.
• Where are the aims of sentencing listed?

  The Sentencing Act 2020
• What does the Sentencing Act 2020 say about the first and second aim of sentencing?

  1. the punishment of offenders- eye for an eye, revenge, tariff system, death penalty
  2. reduction of crime (including reduction by deterrence)- discouraging people from committing a crime. There's two types. The first is individual deterrence meaning it's directed at the person being punished so they don't continue the behaviour. However reoffenders clearly don't care about the punishment. The second is general deterrence that effects the legal punishment on the general public (doesn't really work).
• What does the Sentencing Act 2020 say about the third, fourth and fifth aim of sentencing?

  3. Reform and rehabilitation- reform is to change their behaviour, mindset and attitude whilst rehabilitation is to put someone back into the community eg community sentences- but you can reform but not rehabilitate

  4. Protection of the public- prison, extended sentences, IPPs, electronic tags, curfews, exclusions

  5. Reparation to persons affected- compensation to V, meeting face to face, a community sentence unpaid work requirement, volunteering, helping other prisoners