Adult sentencing

• Adult Sentencing


  To evaluate the effectiveness of the adult sentencing system
• What do these statistics tell us about whether youth sentencing is meeting its aims?
• Success Criteria


  • Know: Understand the different types of sentence available
  • Apply: Apply the rules of sentencing to scenarios
  • Evaluate: The effectiveness of sentencing in meeting its aims
• Aggravating Factor


  A relevant factor that will increase a sentence
• Mitigating Factor


  A relevant factor that will reduce a sentence
• Key Legislation


  • Criminal Justice Act 2003
  • Legal Aid, Sentencing and Punishment of Offenders Act 2012
• Key Sections


  • S 152(2); 225; Schedule 15A
  • S 85
• Aims of sentencing under the CJA 2003, s 142

  • Retribution
  • Deterrence
  • Incapacitation
  • Rehabilitation
  • Restoration
• Out of Court Disposals


  Deal with minor offences without offender having to go through criminal justice system
• Types of Out of Court Disposals

  • Penalty Notice for Disorder
  • Caution
  • Conditional Caution
• Penalty Notice for Disorder (PND)


  • Criminal Justice and Police Act 2001
  • List of 24 minor offences
  • Offender must either pay penalty or choose to go to court within 21 days
  • PCSOs & Police Officers can issue PNDs
• Caution


  • Given to anybody over age of 10 for minor crimes
  • Offender must agree to be cautioned
  • Can be arrested & charged if they don't
  • Not a criminal conviction
  • Can be used as bad character if D commits another crime
  • Can appear on DBS checks
• Conditional Caution


  Caution with particular restrictions or conditions attached to it
• Main types of sentence a court can hand down

  • Discharge
  • Fine
  • Community Order
  • Custodial Sentence
• Absolute Discharge


  Court feels offender has received enough punishment by going through court & so discharges offender with no further action
• Conditional Discharge


  Offender will receive no further punishment on condition they do not reoffend for specified period
• Fines


  • Most common sentence given to adults
  • Usually for minor offences
  • Magistrates: £5,000 or unlimited for Level 5 offences (LASPO, s 85)
  • Crown Court: Unlimited
  • Usually a percentage of the offenders income
• Suspended Sentences


  • Offender does not go to prison
  • Has to comply with conditions set by court
  • Can vary from 14 days – 1 year (maximum 6 months in Magistrates)
  • Breaching conditions results in offender being sent to prison for remainder of their sentence
  • Can attach further conditions (e.g. drug rehabilitation)
• Community Orders


  • Involves both punishment & reparation
  • Less serious cases will have less requirements
  • Every sentence must contain a punitive element
• Community Order Requirements


  • Unpaid Work
  • Rehabilitation Activity Requirement
  • Programme Requirement
  • Prohibited Activity Requirement
  • Curfew Requirement
  • Exclusion Requirement
  • Residence Requirement
  • Foreign Travel Prohibition
  • Mental Health Treatment Requirement
  • Drug Rehabilitation Requirement
  • Alcohol Treatment Requirement
  • Attendance Centre Requirement
• Custodial Sentences


  • Most severe sentences for most serious offences
  • Only available for those offences "so serious that neither a fine alone nor a community sentence can be justified for the offence"
• Types of Custodial Sentences

  • Determinate Sentences
  • Indeterminate Sentences
• Determinate Sentences


  • Court fixes the amount of time an offender must stay in prison
  • Length of sentence is usually a maximum
  • Offender will usually be released on parole after half sentence served (sentences over 1 year)
  • License will often have conditions attached
  • Under supervision
  • Most common type of custodial sentence
• Indeterminate Sentences


  • Court sets a minimum period that offender has to serve in prison
  • After that eligible for early release by Parole Board
• Imprisonment for Life


  • Criminal Justice Act 2003, s 225
  • Should serve life when: Convicted of serious offence (any offence with maximum of life or 10 years imprisonment)
  • Poses a significant risk to public of serious harm by carrying out further specified offences
  • Maximum penalty for offence is life
  • Seriousness of the offence justifies life imprisonment
• Imprisonment for Public Protection

  • Introduced by Criminal Justice Act 2003, s 225A and abolished by LASPO 2012
  • Over 2,000 prisoners are still serving IPP sentences!
  • Designed for dangerous offenders whose offence did not merit a life sentence
  • Three elements: A 'tariff' that is a period of imprisonment judged to be a just dessert for the crime committed, An unlimited time of detention until the person can prove that they are no longer a threat to the public, Release back into the community under licence, with the potential of return back to custody
• Mandatory Life Sentences


  • Compulsory sentence given to offenders found guilty of murder (& a few other offences e.g. hijacking and aeroplane)
  • If considered for release by Parole Board spend rest of life on life license
  • Committing a further offence results in being recalled to prison for life
• Whole Life Orders


  • Extremely rare
  • Given to most serious or persistent offenders
  • Can only be released on compassionate grounds with permission of Secretary of State
• The Sentencing Council


  • Set up as part of Coroners & Justice Act 2009
  • Replaced Sentencing Guidelines Council
  • Aim: Encourage transparency and consistency in sentencing
  • Provide guidelines as to the type of sentence, length of sentence & what factors to take into account when sentencing offenders
• Aims of Sentencing for Youth Offenders

  • Prevent reoffending
  • Consider welfare of child
• Aims of Sentencing for Adult Offenders

  • Retribution
  • Deterrence
  • Incapacitation
  • Rehabilitation
  • Restoration
• Factors to Consider when Sentencing Youth Offenders

  • Age and maturity
  • Seriousness of offence
  • Family circumstances
  • Previous offending history
  • Guilty pleas
• Factors to Consider when Sentencing Adult Offenders

  • Seriousness of offence
  • Previous convictions
  • Aggravating factors
  • Mitigating Factors
  • Personal mitigation
  • Guilty plea
  • Maximum sentence available
• Aggravating Factors


  • Committed whilst on bail
  • Failure to respond to previous sentences
  • Racially or religiously aggravated
  • Motivated by hostility towards victim's sexuality, disability or minority group
  • Previous convictions
  • Planning
  • Intention to commit more serious crime
  • Group or gang activity
  • Professional offending
  • For financial gain (when not part of offence itself)
  • High level of profit
  • Attempt to conceal or dispose of evidence
  • Failure to respond to warnings about behaviour
  • On licence
  • Deliberately targeted vulnerable victim
  • Under influence of alcohol or drugs
  • Use of weapon to frighten or injure
  • Deliberate or gratuitous violence or damage to property over what was needed for offence
  • Abuse of power or position of trust
  • Multiple victims
  • Serious effect on victim
  • Sustained or repeated assault on same victim
  • Location of offence
  • Committed against those working in public sector
  • Presence of others related to victim
  • Additional degradation of victim
  • Highly sentimental property value or consequential loss
• Mitigating Factors


  • Greater degree of provocation than normally expected
  • Mental illness or disability
  • Youth or age if impacts responsibility of defendant
  • Only played a minor role in the offence
  • Genuine remorse
  • Admissions to police in interview
  • Ready co-operation with authorities
  • Guilty plea
• • Look at the worksheet, pick one of the scenarios and research the sentencing guidelines for that offence
  • Come up with an appropriate sentence for that offence
  • Explain clearly why you have chosen that sentence with reference to the sentencing guidelines