Aims of Sentencing
Retribution- "eye for an eye"... Punish offender for the crime they have
committed, with a sentence he deserves.
For example: Murder- life imprisonment (death penalty abolished 1965)
Protection of the Public- Incapacitate offender to safeguard society.
For example: Prison sentences for violent offenders- curfew and tags, ban
from driving.
Deterrence Individual or General- Harsh punishment to deter D
from offending (individual) to deter society from comitting the offence.
For example: Drink driving- ban for 12 months, Littering- £70 fine
Denunciation- Society showing disapproval, enforcing moral
boundaries.
For example: Harsh penalities e.g Riots in Birmingham- prison sentences for
first time offenders, Football Hooliganism.
Rehabilitation- Reforming D's behaviour to stop re-offending (often
youths).
For example: Community orders e.g drink and drug programs etc.
Reparation- Repayments to either the victim or society or both.
For example: Community order, compensation to victim.
Types of sentences
Prison sentences (custodial)- Adults:+21 Youth: 12-21
Community Sentences- Adult:+16 Youth: 10-16
Others e.g. Fines, bans, discharges etc.
Community Sentences for adult offenders
Criminal Justice Act 2003
Created one community order for offenders aged 16 and
over.
Any of a number of requirements can be combined as
thought necessary.
The possible requirements:
Unpaid work : 40-300 hours; re-offending rates are lower
than for any other community sentence.
Prohitited activity
Curfew
Exclusion
Activity- for example Eric Contana (footballer) assulted a fan
so he had to teach football to disadvantage children.
Residence- they have to live at a certain address for a
certain amount of time.
Mental health treatment
Drug rehabilitation
Alcohol Treatment
Maybe tested everyweek for drugs and alcohol.
Supervision: of probation officer to 'promise rehabilitation.
Attendance centre (for those aged less than 25)
Other types of sentences
Fines- up to £5,000 (magistrates)
Discharge:
Conditional- The court discharges you on the conditional if you don't reoffend
in a certain amount of time.
Absolute- You don't get any penalty, you walk away free.
Compensation orders- goes to the victim.
Driving ban- points on your liscence.
Factors that affect sentence- Aggravating
Aggravating factors- they make a sentence longer e.g previous
convictions
Previous convictions for a similar offence (esculation).
D was on bail
Racial or religious hostility related to the offence.
Disabled or sexual orientation hostility involved in the offence.
Pleading not gulity
Vulnerability of victim
Drug/alcohol abuse
If a weapon had been selected
Pre-meditated
Factors that affect sentence- Mitigating
Mitigating Factors- these are factors that can shorten your
sentence.
These may be taken into account to impose a lesser
sentence.
Early guilty plea... saves time, costs and avoids victim
giving evidence (up to a third).
Sentencing guidelines
Motive- (necessity) provication
Pre-sentence reports
Medical evidence... mental or physical
Showing remorse
No previous convictions
Young Offenders
Heard in a youth court
No publicity
Custodial sentence
Age 12-21
Young offenders institution (age 18-20) minimum is 21
days.
Detention and training orders (Crime and Disorder Act
1998) from age 12 (minimum 4 months, maximum 24
months) - only for persistent offenders under age 15.
For very serious crime longer periods are availavle (10-
13) for crimes with 14 years adult prsion sentence or
aged 14-17 and cause death by dangerous driving.
Young Offenders- Detention at her Majesty's pleasure
Anyone convicted of murder between the aged 10-17
must be detained.
This is a sentence where the offender is released when
suitable.
If still detained at age 21 will be transferred to adult
prison
Young Offenders- Youth rehabilitation Orders
Criminal Justice and Immigration Act 2000
Requirements include:
o Activity
o Programme
o Supervision
o Attendance Centre
o Curfew
o Exclusion
o Residence
o LA Residence- put into care
o Education
o Drug treatment or testing
o Mental health
o Intoxicating treatment/ testing.
Young Offenders- Other sentences
Fines- up to £250 (aged 10-13) or £1000 (aged 14-17)
Discharges
Reparation Orders
Reprimands and Warnings
Parenting Orders
Youth Offending Teams
Prison Sentences for Adults- Mandatory Life Sentence
Parliament has decided that judges must give a life sentence to all
offenders found guilty of murder. The judge will set a minimum term an
offender must serve before they can be considered for release by the
Parole Board, usually 15 years .
The minimum term for murder is based on the starting points set out in
Schedule 21 of the Criminal Justice Act 2003 (as amended).
This schedule sets out examples of the different types of cases and the
starting point which would usually be applied, for example, where the
murder is committed with a knife or other weapon, the starting point is
25 years or 30 years for a police officer.
They may be recalled to prison at any time ff they are considered to be
a risk to the public. They do not need to have committed another
offence to be re-called.
Prison Sentences for Adults- Discretionary Life Sentence
There are a number of crimes for which the maximum
sentence for the offence, such as **** or robbery, is life
imprisonment. This does not mean that all or most
offenders convicted of those crimes will get life.
The Judge can give a life sentence but doesn't have too.
Parliament has made provisions that deal with how
offenders who are considered dangerous or who are
convicted of a secord very serious offence may be
sentenced to imprisonment for life.
Prison Sentences for Adults- Discretionary Life Sentence
1. Life Sentence for serious offences
A sentence of imprisonment for life must be imposed, where the
following criteria are met (Section 225 Criminal Justice Act 2003):
The offender is convicted of a specified offence (listed in Schedule
15 of Criminal Justice Act 2003)
In the courts opinion the offender poses a significant risk to the
public of serious harm by the commission of further specified
offences.
The maximum penalty for the offence is life imprisonment
The court considers that the seriousness of the offence justifies the
imposition of imprisonment for life.
Prison Sentences for Adults- Discretionary Life Se
2. Life sentence for second listed offence
The court must impose a sentence of imprisonment
The offender is convicted of an offence listed is Schedule 15B of the Criminal
Justice Act 2003.
The Court would impose a sentence of imprisonment of 10 years or more for the
offence.
The offender has a pervious conviction for a listed offence which he received a
life sentence with a minimum term of at least 5 years or a sentence of
imprisonment of at least 10 years.
UNLESS it would be unjust to do so in all the circumstances.
The Judge in sentencing will set a minimum term that the offender must serve in prison.
At the end of that term they can apply to the parole board for release on licence but will
only be released if no longer considered no longer to be considered a risk to the public.
Prison Sentences for Adults- Fixed Term
A fixed sentence is a sentence of imprisonment for a specific or
minimum period specified by statue. The periods fixed by the statute is
not able to be adjusted. A convicted person could determined at the
time the sentence is handed down e.g. 3 years, 5 years
You only serve half in prison, the other hlaf you spend out in the
community on licence- good behaviour.
Prison Sentences for Adults- Extended Sentences
An extended sentence may be given to an offender aged 18 or over when:
The offender is guilty of a specified violent or sexual offence
The court assesses the offender as a significant risk to the public of
committing further specified offences.
A sentence of imprisonment for life is not available or justified
The offender has a previous conviction for an offence listed in schedule
15B to the Criminal Justice Act 2003 or the current offence justifies an
appropriate custodial term of at least 4 years.
These sentences were intorduced to provide extra protection to the public in
certain types of cases where the court has found that the offender is
dangerous and an extented licence period is required to protect the public
from risk of harm. The Judge decides how long the offender should stay in
prison and also fixes the extented licence period up to a miaximum of eight
years. The offender will either be entitled to automatic release at the two thirds
point of the custodial sentence or be entitled to aplly for parole at that point.
Prison Sentences for Adults- Suspended sentences
When a court imposes a custodial snentence of between 14 days and two
years (or six months in the magistrates' court), the court may choose to
suspend the sentence for up to two years. This means that the offender does
not go to prison immediately, but is given the chance to stay out of trouble and
to comply with up to 12 requirements set by the court.
These include:
Doing unpaid work
Being subjected to a curfew
Undertaking a treatment programme for alcohol or drugs.
Being subject to a subject to a supervision requirement.
If the offender does not comply with the requirements or is convicted of
another offence during the suspension period, they are likely to serve the
original custodial term in addition to the sentence they get for the new offence.
Prison Sentences for Adults- Minimum Sentences.
These are called "three stikes and you're out" provisons.
There is a madatory minimum sentence of 7 years for an adult who is
convicted on three separate occasions of dealing in Class A drugs-
section 110 Power of Criminal Courts Acts (sentencing) 2000.
There is a minimum mandatory sentence of three years years for
anyone convicted of burglary of a dwelling for the third time- section 111
of the same Act.
For each sentence, court has discretion not to impose the minimum
term if it considers it would be unjust having regard to the particular
circumstances of the offence(s) or the offender. The court must state
the particular circumstances when passing sentence.
