sentencing aims

• .The aims of sentencing for adult offences are laid out in S.57 of the Criminal Justice Act 2003


  .There are 5 aims of sentencing : 

  -Retribution

  -Deterrence

  -Reform and rehabilitation

  -Protection of the public

  -Reparation
• Retribution .

  This is the ‘classic’ aim that is commonly used

  .When committing a crime, a person needs to be punished

  .The main issue is that the punishment must be proportionate to the crime (punishment must fit the crime e.g. murder carries a mandatory life sentence but theft only carries a maximum of 7 years)  - the ‘just deserts’ theory

  .Based on the biblical principle of ‘an eye for an eye’

  .Most commonly achieved through custodial sentence/community sentence/fine.
• Deterrence .

  .This aim attempts to deter individuals/the public from committing crimes

  • .Individual deterrence To stop this particular offender committing any further crime e.g. giving an offender a harsher sentence or harsher fine
  • .General deterrence To prevent the general public committing the crime e.g. making an example out of someone by giving them a harsher sentence .An example of this is the case of Lord Ahmed. In this case the judge gave him a long driving ban and a harsh fine to make an example out of him
• Protection of the public

  .Protection of the public is where the sentence given will protect the public from the offender

  .Most commonly achieved through custodial; sentences (prison - costs approx 37k to keep someone in prison per year)

  .Other examples include : 

  -A dangerous driver could be given a driving ban

  -A convicted burglar could be given an electronic tag to stop them leaving the house after dark.
• Reform and rehabilitation

  .Rehabilitation is where the offender is given a sentence that will help rehabilitate their offending behaviour and prevent them from offending again

  .S.57 Sentencing Act 2020 states that rehabilitation should be prioritised for young offenders

  .The police, crime, sentencing and courts act 2022 requires that community sentencing should offer an appropriate level of punishment and address the underlying causes of offending by providing early interventions to deflect people away from future offending (However most judges can be very inconsistent in sentencing)
• Reparation

  .Reparation means paying back to society what you have taken away, for example in the form of compensation or through unpaid community work

  .For example, someone who has been convicted of criminal damage may be ordered to remove graffiti or repair damage they have caused

  .It can also be through a conversation when the offender takes accountability and apologises for their crime

  .The big issue with this is its not suitable for all crimes e.g. rape
• Aggravating and mitigating factors

  .Aggravating factors (reasons for harsher sentence) - criminal record, serious harm to victim, targeting a vulnerable victim, use of weapon, planning the crime

  .Mitigating factors (reasons for lenient sentence) - plead guilty sooner, remorse, health of offender, reason for crime