SENTENCING

• What are the aims of sentencing?

  Punishment of offenders

  Reduction of crime

  Reform and rehabilitation of offenders

  Protection of the public

  Offenders making reparation to their victims
• What is the aim of retribution/punishment?

  Deserving punishment for their wrong-doing

  ’An eye for an eye’
• What is the aim of reform/rehabilitation?

  Altering the offender’s behaviour so that they don’t re-offend

  i.e. community orders, drug testing, treatment orders
• What is the aim of reparation?

  Compensating the victim of a crime - i.e. paying a sum of money or returning a stolen item

  s130 of the Powers of Criminal Courts Act requires courts to give reasons as to why they don’t order compensation
• What is the aim of deterrence?

  Individual deterrence - ensuring that offenders don’t re-offend - 45% released re-offend

  General deterrence - reliance on publicity
• How is protection of the public maintained?

  Custodial sentences to prevent circulation in society

  Curfews + electronic tagging

  Life sentences for murderers

  Bans on drivers
• What are some aggravating factors in sentencing?

  • Previous convictions
  • If offender was on bail
  • Racial or religious hostility
  • Whether the offender was in a position of trust
  • Planned crime
• What are some mitigating factors in sentencing?

  • Lack of previous convictions
  • Showing genuine remorse
  • Pleading guilty
  • Taking a minor part in the offence
  • Mental illness or disability
• What are custodial sentences?

  Most serious punishment - short period in custody up to a life sentence

  i.e. mandatory life sentences, discretionary life sentences, fixed term sentences, suspended sentences
• What qualifies as community orders?

  Unpaid work

  Curfew

  Exclusion

  Rehabilitation work

  Foreign Travel Prohibition
• What are fines?

  Most common sentencing type in the magistrates’ court - 70% are fined

  Fines can be charged between £200-unlimited
• What are discharges?

  Conditional discharge -> discharging an offender on the condition that they don’t commit another offence within a period of up to 3 years - most used by the magistrates for first-time offenders

  Absolute discharge -> No penalty imposed but the offender is technically guilty but morally blameless