AC 2.3

• Command word is Assess- make a judgement

  • for ac 2.3 need to be able to
  • describe type of punishment
  • explain how does it meet the aim
  • explain how it does Not meet the aim
  • give a judgment
• Punishments

  • prison
  • community sentences
  • fines
  • discharge
• • Community sentences- imposed for offences too serious for discharge but not serious enough for imprisonment given by court
  • examples:
  • supervision by probation officer
  • between 40-300 hour or unpaid work
  • curfew of exclusion order
  • (between 3 months and 3 years)
  • residency requirement
  • group programme
  • treatment programme
• Do community sentences meet their aims?

  • retribution- yes limits freedom , make you work for free and acts as embarrassment. No as in 2009 only 52% were completed and footballer Rooney found it a relaxing refreshing experience (right realism- too soft)
  • Reparation- yes repair damage by doing unpaid work for society (community payback) or the individual. In 2009 only 52% were completed
• Community sentences


  Can address offender needs through treatment programmes
• MOJ report found community sentences are better than short prison sentences (34% reoffend within a year compared to 63%)
• Prison reform trust found community sentences effective for repeat offenders (2003 study less likely to offend in prison 43-55%)
• Community sentences have a 97% success rate
• In 2009 only 52% of offenders completed community sentences and 1/10 terminated early due to reconviction
• In 2008, 250,000 offences were committed by people who had previously served a community sentence, 1,500 were offences such as rape and murder
• Use of community sentences by courts declined from 14% of punishments in 2007 to 7% in 2020
• Public protection for community sentences

  • yes, curfews and tagging ensure of offenders whereabouts are known, a threat of prison sentence is if they fail the community sentence help to protect the public
  • no strictly speaking it does not incapacitate as still in society 30% of tag orders still breached
• deterrence - community sentences

  • yes, reaffirms boundaries with the name ans shame jackers
  • no 2009- only 52% completed seem as joke rather than deterrent
• What Are the types of sentences

  • life sentences
  • mandatory life sentences
  • indeterminate sentences
  • determinate sentences
  • suspended sentences
• Life sentence


  Most serious punishment in UK court
• mandatory life sentence

  • compulsory and must be given to those find guilty of murder
  • discretionary life sentences can also be given for other offences such as rape
  • in some very serious cases, a judge may sentence an offender to a whole life term- offender will never be released.
• Indeterminate life sentences

  • set a minimum time that an 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 offender or not
  • if agreed offender is released on a licence
  • in 2018 around 10 k prisoners were still serving one of these sentences
  • they account for 14% of the prison population- highest in europe
  • some IPP prisoners are serving these sentences- IPP sentences came into force in 2003 but ruled unlawful in 2012 but still around 2600 ipp prisoners in 2018
• determinate life sentences

  • cases with a fixed length
  • most prisoners in the uk serve determinate sentences (60-65000 in 2018)
  • in most cases not all of the sentence is served in prison eg if the sentence is 12 months or more, the offender is normally released halfway through, if the sentence is 12 months or more the offender spends the first half in prison and the second half in community on a licence
  • offenders sentenced to less than 2 years Are released on post sentence supervision for 12 months, with regular meetings with a probation officer with specified requirements
• Suspended sentences

  • offender is also given a prison sentence but does not directly go top prison- up to 2 years
  • court can also impose requirements such as drug rehab programmes
  • offender will be sent to prison to serve their original sentence if they commit a crime during the suspension period
  • in 2018, 16% of people convicted of serious offences received a suspended sentence
• does imprisonment meet their aims (rehabilitation)

  • yes- long sentences enable access to rehab programmes eg family orientated units to enable family activities and more relaxed visits (parental training). Shannon’s trust helps long term offenders with reading. also schemes such as the Clink.
  • No- prisons have a poor record of reducing reoffending with 48% reoffending within the year of release (under 12 mnth sentence 63%)
• There's a lack of rehab in prisons
• Short sentences - no time to get determinate causes of criminality
• 1/4 prisoners have a job release due to skills of an avg 11 year old
• 2/5 prisons offer reasonably good activities, addressing offending behaviour (lack space anger management)
• Indeterminate sentences remain - lack of programmes offered that can address violent behaviour
• Nicol, a victim of suicide, had to complete a course to be released but the course was not being run in prison. Only supposed to serve 4 yrs but ended up serving 6 with no end in sight
• does imprisonment meet its aims (retribution)

  • yes, takes away freedom can be life (mandatory life sentence) or no set release date (IPP)
  • no, they are actually punished in prisons eg parties in the mount
• Imprisonment (deterrence)

  • Yes offer general deterrence
  • no, does not offer individual deterrence shown high lvls of reoffending. Also can offenders think rationally due to drug problems
• Public protection

  • Yes, locks them away. 0 escapes in 2020. IPP and mandatory life sentences
  • no Pentonville 2 offenders escaped. Can still harm themselves, staff and each other, 19 attacks a day, school of crime- came out A better criminal
• Reparation

  • Yes, prisoners earning act 2011, prisoners who are allowed to work can be made to a pat % to a victim support service
  • no, few prisons have the oppurtunities for offenders to earn money
• Fines

  • fines are given for less serious crimes, often issued by magistrates
  • in serious cases (indictable offences such as theft, fraud, bulgulary ) 15% of those found guilty also recieve a fine
  • most common punishment
  • size of fine depends of offence itself, circumstances of crime (sentencing guidelines), offenders ability to pay and which court is hearing the case (magistrates can only impose fines up to £5000 for one offence of £10000 for 2 or more offences)
• Do fines meet their aims? (retribution)

  • yes, financial loss, offender needs to make sacrifices
  • no, fines are not always based on affordability- boris Johnson £50 pound fine is not a punishment on him
  • amount of unpaid fines in 2016 was £747 million went unpaid (so not punished)
• Do fines meet their aims? (Deterrence)

  • Yes, good way to warn offenders that is fine but this time but do it again and it will be a harsher punishment. Know that they need to make sacrifice. High fines will act as general deterrence eg England football fine is to show other countries
  • no of you know people don’t pay fines (2016- 747 million) may not be deterred by it
• Do fines meet their aims (Reparation)

  • yes, can be used to compensate victim
  • no in 2016, £747 million unpaid
• Discharge


  When the court finds someone guilty of a minor (usually first time) offence but decides not to hand down a criminal conviction, but will be given a discharge instead
• Types of discharge


  • Conditional
  • Absolute/Unconditional
• Conditional discharge


  Offender will not be punished unless they commit another offence in a set period of time (up to 3 years), if they do commit another crime they can be punished for the original and new crime (result in a criminal record)
• Absolute/Unconditional discharge


  No penalty on the offender, happens when an offender is found guilty but punishment is inappropriate since the defendant is morally blameless, not a criminal conviction
• Do discharges meet aims of of the punishment

  • Deterrence- yes since they are the lowest lvls of punishment for offenders- they act as a deterrent by warning offenders about their future conduct