2.3✅

• punishment can have several different aims
• this topic looks at how far the sentences handed down by the courts meet these different aims of punishment
• the Criminal Justice Act 2003 set out 5 aims of sentencing: the punishment of offenders (retribution), crime reduction-including through deterrence, rehabilitation of offenders, protection of the public (incapacitation) + reparation to victims
• any or all of these aims may be relevant in a given case and it is for the judge or the magistrate to decided how they apply
• the sentencing framework: there are 4 basic types of sentence that the courts can use to punish offenders, there are: imprisonment, community sentences, fines and discharges
• retribution: this is the idea that offending deserves to be punished and that the punishment should fit the crime
• fines: fines are finantial penalties for offending
• the basic aim of discharges is deterrence
• the basic aims of imprisonment are retribution, deterrence, public protection, reparation, rehabilitation
• the basic aims of community sentences are retribution, reparation, public protection, rehabilitation
• the basic aims of fines are retribution and deterrence
• Imprisonment:

  • handed down my courts for serious offences 
  • public needs to be protected, so they remove them out of society 
  • 1/2 all prisoners in the UK were convicted of sex or violence offences 
  • 3 types of prison sentence: indeterminate + life sentences, determinate sentences + suspended sentences 
• Imprisonment-Life Sentences:

  • most serious form of punishment in the UK
  • judge will set a minimum time that the offender has to spend in prison before they can even be considered for release by the Parole Board 
  • if it is safe and suitable to do so = they are released on licence + follow certain rules + conditions + are supervised by the probation service 
  • they will be on licence for the rest of their life 
  • if they break the terms on their licence they will be sent back to prison 
• Imprisonment-Mandatory Life Sentences:

  • HAS to be given if they were found guilty of murder 
  • serious cases a judge could be sentenced a whole life term a.k.a never being released 
• Imprisonment-Indeterminate Sentences:

  • set a minimum time that they need to serve in prison 
  • although they have no automatic right to be released after the minimum term has been served 
  • the Parole Board decided if the offender is suitable to be released on licence 
  • 2018 = around 10,000 prisoners serving indeterminate sentences
  • they account for 14% of the prison population 
• Imprisonment-Determinate Sentences:

  • a sentence with a FIXED length 
  • most prisoners in the UK will serve a determinate sentence 
  • 65-70,000 in 2021
  • not all determinate sentences are served in prison e.g. if the sentence is under 12 months the offender is normally released halfway through
• Imprisonment-Suspended Sentences:

  • the offender is given a prison sentence but does not directly go to prison 
  • they could receive a suspended sentence if they would otherwise be given a prison sentence of less than 12 months 
  • sentences can be suspended for up to 2 years 
  • the court can also provide certain requirements such as probation or drug addiction treatments 
  • if they are to commit a further offence while on this suspended sentence the court is allowed to send them to prison to serve their original sentence 
  • 2019 = 15% convicted of a serious (indictable) offence received a suspended prison sentence 
• Community Sentences:

  • given for offences which are too serious for discharge or a fine but not so serious that a prison sentence is necessary
  • its like a middle ground between the serious punishment of imprisonment and the mundane punishments of a discharge or a fine 
  • a community order is given by the court but it will have 1 or more requirements for example:
  • supervision by a probation officer 
  • 40-300 hours unpaid work 
  • curfew/exclusion order
  • group programme e.g. anger management, drink drivers 
  • drug/alcohol addiction treatments or even for mental health issues 
• Fines:

  • financial penalties for offending 
  • given for less serious offences 
  • given by a magistrates court 
  • even w/ serious offences 15% of them that are guilty usually also receive a fine 
  • the size of a fine depends on: the OFFENCE, CIRCUMSTANCE OF THE CRIME, OFFENDERS ABILITY TO PAY, WHAT COURT IS HEARING THE CASE
• Discharges:

  • when the court finds someone guilty of a minor (usually 1st time) offence but decided not to hand down a criminal conviction 
  • so essentially the court is letting them off 
• Discharges-Conditional Discharge:

  • offender wont be punished unless they commit another offence within a set period of time determined by the court
  • if they commit another offence within that time frame they can be sentences for both the original offence + the new one
• Discharges-Absolute (unconditional) Discharge:

  • no penalty is imposed 
  • the court may grant an absolute discharge where the defendant is technically guilty but where punishment could be inappropriate 
  • not classes as a conviction 
  • used for minor offences 
  • e.g. the Thirsk rail crash of 1892 where 10 people passed, a signalman was found guilty of manslaughter but given an absolute discharge because of the unusual circumstances of the case = so where the signalman could’ve been given a charge of manslaughter they were given an absolute discharge due to the unusual circumstances found in the case
• Imprisonment-Retribution:

  • prison punishes people for their crimes by taking away their freedom 
  • offending deserves to be punished + the punishment should fit the crime 
  • its hard to say whether imprisonment gives offenders their ‘just deserts’ as society often disagrees about whether sentences are too long or too short + what offences/offenders deserve prison 
• Imprisonment-Deterrence:

  • the risk of being sent to prison deters would-be offenders from committing crimes + actual offenders from committing further crimes 
  • although high re-offending rates of ex prisoners suggests that prison is not an effective deterrent 
  • nearly 1/2 of all adult prisoners are re-convicted within a year of being released
  • deterrence only works if would be offenders are capable of thinking + acting rationally 
  • although many offences are committed under the influence of: drugs, alcohol, or their poorly educated, have mental health issues = so they may not be able to rationally + carefully consider the risk of being sent to prison 
• Imprisonment-Public Protection:

  • imprisonment protects the public by taking offenders out of circulation = if their in jail they can’t harm the public, although they are able to harm themselves, inmates or staff 
  • prison ‘works’ as it incapacitates offenders + takes them out of action 
  • a whole life sentence keeps offenders permanently off the streets 
  • prisoners serving an indeterminate sentence are kept in jail for as long as they are deemed a danger to the public 
  • although prison can be a place where they acquire additional skills, attitudes + contacts that lead them to offend after their release + potentially carry out more crimes 
  • keeping people in prison is costly 
• Imprisonment-Reparation:

  • offender needs to repair the damages they have caused by the offence = both to the victim + to wider society 
  • Prisoners’ Earnings Act 2011 = prisons who are permitted to work outside of prison to prepare for their eventual release can be made to pay a proportion of their earnings towards the cost of victim support services = making them take responsibility for the harm they have caused 
  • although very few prisons even get the opportunity to earn money in this way  
• Imprisonment-Rehabilitation:

  • rehabilitation is a goal of imprisonment, as prisons have a poor record of reducing re-offending 
  • 48% of prisoners re-offend within a year of their release 
  • 6,789 prisoners were recalled to prison for breaching their licence conditions in 2019 
  • short sentences: nearly 1/2 of all sentences are for 6 months or less, this is not enough time to deal w/ long term issues  such as mental health issues or addiction
  • education + training: opportunities to deal w/ the causes of their offending + prepare them for a crime free life are often limited, only 1/4 of prisons have a job to go to on release, mainly because many of the prisoners have a lack of education + skills
  • over 1/2 of prisoners have the literacy skills of a 11 year old 
  • opportunities for education, vocational training or meaningful 
• Community Sentences-Retribution:

  • all community sentences have to have an element of punishment or retribution 
  • e.g. curfews or exclusion orders restrict offenders’ movements to certain times and places its a form of retribution which makes offenders suffer limits on their freedom 
  • those doing unpaid work as expected to wear high visibility vests
  • the public ‘naming + shaming’ that this involves is also a form of retribution
• Community Sentences-Reparation:

  • includes doing unpaid work to repair the damage they have caused to a victims property
  • reparation can also be to the whole community through unpaid work on community payback e.g. removing graffiti, decorating a public building like a community centre 
• Community Sentences-Public Protection:

  • all sentences must include public protection as one of their aims 
  • community sentences don’t lock offenders up, they don’t achieve the aim of incapacitation, so breaches of a community sentence can lead to the offender being sent to prison (therefore protecting the public)
• Community Sentences-Rehabilitation:

  • offenders usually have multiple complex needs e.g. homelessness, drug use, mental health problems, unemployment + educational needs: these are usually underlying causes of offending
  • they aim to rehabilitate offenders by addressing those needs 
  • e.g. offenders undergoing treatment for their addiction problems, or training to improve their job prospects 
  • community sentences are more effective at rehabilitating offenders + preventing recidivism compared to short prison sentences 
  • although the use of community sentences has declines: between 2007-2020 where the proportion of offenders receiving Community Orders fell from 14% to 7%
• Fines-Retribution:

  • hitting someone in the pocket can be a good way to make them suffer for the harm they have done 
• Fines-Deterrence:

  • a fine may make an offender reluctant to re-offend for the fear of further punishment, the use of fines is a common way of disposing of 1st offenders, they can be used as a signal that worse will follow if they re-offend 
• Discharges-Deterrence:

  • discharges are the lowest level of punishment + is essentially a warning for the individuals future conduct 
  • low rates of re-offending following a discharge especially for 1st time offences 
  • a lot of 1st time offender experience court + that is enough for them to mend their ways 
  • discharges appear to largely meet their aim of deterrence, it is a very big warning at what could happen if offending continues, they are essentially being let off