1.6 Criminal Process – Sentencing Flashcards
rWhat are the 5 main aims of sentencing?
AIMS OF SENTENCING
s142 Criminal Justice Act 2003 outlines five main aims of sentencing:
- Retribution: This is a way of punishing the offender and ensuring an element of blame lies with them.
- Deterrence: This is where either the individual offender is deterred from offending again or general society is deterred from offending because an example has been made of the offender, showing others what the consequences are.
- Protection of society: This is where the sentence given will protect the public from the offender.
- Rehabilitation: This is where the offender is given a sentence which will rehabilitate their behaviour and stop them from
offending again. - Reparation: This means paying back to society what you have taken away, in the form of compensation or unpaid work
What are the sentencing powers of the Magistrates Court?
Magistrates’ Court
* £5,000 fine (or unlimited in some cases)
* 6 months imprisonment
* Youth Detention and Training Order up to 2 years.
What are the sentencing powers of the Crown Court?
Crown Court
* Unlimited fine
* Maximum life imprisonment
YOUTH SENTENCING - primary aim
Aim: Primary aim is to prevent reoffending and rehabilitate the
offender, whilst ‘repairing’ the damage caused to society.
What are the out of court disposals available for youth sentencing?
- Youth restorative disposal
- Youth caution
- Youth conditional caution
- Youth Rehabilitation Order –
s147 Criminal Justice Act 2003
YOUTH SENTENCING - Describe:
1. first tier sentencing
2, Custodial Sentences
First Tier Sentencing:
* Referral Order
* Reparation Order
* Parenting Order
* Conditional Discharge
* Absolute Discharge.
Custodial Sentences:
* Detention and Training Order – Powers of the Criminal Courts Act 2000
* Life imprisonment – s9
What is the primary aim of ADULT SENTENCING?
ADULT SENTENCING
Aim: Primary aim is to punish the offender and protect society
What are the court disposals available for adult sentencing?
Court Disposals:
- Absolute discharge
- Conditional discharge
- Fine
- Suspended sentence
- Community Order.
What are the custodial sentences available for adults?
Custodial Sentences:
* Determinate sentences
* Indeterminate sentences
* Mandatory life sentences
* Whole life orders
What are the out of court disposals available for adult sentencing?
Out of Court Disposals:
* Penalty notice for disorder
* Conditional Cautions
* Cautions.
Retribution - plus and minus points
strenghts
* Public/victim satisfaction
* Justice seen to be done as society gets
‘revenge’
* Prevents vigilantes – people taking the law
into their own hands
* Sends a clear message to society
weaknesses:
- Usually involves custody – note criticisms of prisons
- Arguably two wrongs don’t make a right
- Not a constructive aim of punishment –
what happens when the offender goes back into society?
Deterrence - plus and minus points
+
* Helps society by preventing re-offending
* Short, sharp shock can instil fear into
the offender which can lead to reformed
behaviour.
-
* No guarantee that it’ll work
* Prisons as ‘academies of crime’
* Short periods of custody are ineffective
* High re-offending rates (44% of adults are reconvicted within one year)
* Assumes that an offender will stop to think of the consequences
Rehabilitation - plus and minus points
+
* Helps the offender/society in the long term
* Recognises that there are causes of crime
* Allows for second chances
* Saves taxpayers’ money
-
* Seen as a soft option by some
* Less satisfaction/ revenge
* Needs of the victim arguably not considered
* No guarantee it will work
* Can be costly to educate
Protection of Society - plus and minus points
+
* Helps to protect society and prevent reoffending
* Element of satisfaction in knowing we are safe
* Prevents re-offending within the community.
-
* Very costly to detain in prison - around £35,000 per year
* No element of education or help with offending behaviour
