AC2.3

Question 1

What is imprisonment?

Answer 1

Prison sentences are handed down by courts for most serious offences or when court feels the public must be protected by removing the offender from society e.g. violent or sexual offences.

Question 2

What are the 3 types of prison sentences?

Answer 2

1. Life sentences
2. Indeterminate sentences
3. Determinate sentences

Question 3

What are life sentences?

Answer 3

Most serious of all UK punishment, a judge sets a minimum time to service before parole can be considered. Parole board may assess whether the offending is eligible for parole - if realised they will be on licence for the rest of their life.

Question 4

What is a indeterminate sentence?

Answer 4

A minimum term is set that the offenders must serve. 10,000 prisoners were on indeterminate sentences in 2018. Offenders have no automatic right to be released after minimum term has been served.

Question 5

What is a determinate sentence?

Answer 5

Sentence of a fixed length, most UK prisoners serve these (65-70K in 2021)
If sentence is less then 12 months offender is released about halfway. 12 months or more - first half in prison and 2nd half out on licence.

Question 6

Does imprisonment meet the aims of retribution?

Answer 6

Prison punishes people by removing their freedom and confining them in relatively unpleasant living conditions.
But it is difficult to say whether imprisonment gives offenders what they deserve e.g. how to decide what is the length of a sentence.
Society disagree about which offenders deserve prison sentences and how long they should serve(does not always fit aims)

Question 7

Does imprisonment meet the aims of deterrence?

Answer 7

Some argue that the risk of possible imprisonment acts as a deterrent for what would be criminals and deters offenders from committing further crime.
But high re-offending rates suggests prison is not an effective deterrence.
Deterrence can only work if would be offenders are capable of rational thinking and acting but in many cases this is not always the cases (e.g. if they have drug problems or mental illness) - does not meet aims.

Question 8

Does imprisonment meet the aims of public protection?

Answer 8

Prison takes offenders out of society and away from the public, if in prison, they cannot do further harm to the public.
But prison can be a ‘school for crime’ where prisoners acquire skills, attitudes and contact that leads them to offend after release.
Prison is very costly, could be other ways to protect the public.
Prison works because is incapacitates criminals for the duration of their sentence (effective)

Question 9

Does imprisonment meet the aims of reparation?

Answer 9

Under the prisoners earning act 2011, prisoners who are permitted to work outside of prisons can be made to pay a proportion of their earning to cost of victims support services.
So reparation makes offenders take responsibility to repair the damage caused by the offence, but few prisoners receive this opportunity to work outside prison (so does little to meet the aims)

Question 10

Does imprisonment meet the aims of rehabilitation?

Answer 10

Prisoners have high re-offending rates (48%).
Short sentences means there is less time to address the long term problems that cause offending.
Lack of opportunities for education, vocational courses or meaningful work. This means offenders are less likely to be prepared for a crime free life upon release.
Shortage of places on courses which deal with offending behaviour (imprisonment is ineffective in addressing the aims of rehabilitation)

Question 11

What is a community sentence?

Answer 11

Imposed for offences which are too serious for a discharge or fines but not so serious that a prison sentence in necessary.

Question 12

What requirements will a community order have?

Answer 12

• supervision by probation officer
• between 40 and 300 hours of unpaid work
• curfew or exclusion order
• residency requirements
• group programmes e.g. anger management
• treatment for drug or alcohol addictions

Question 13

Does community sentences meet the aims of retribution?

Answer 13

Curfews and exclusion order restricts offenders movement to certain times and places - form of retribution as makes offenders suffer limits on their freedom.
Wearing high visibility involves ‘naming and shaming’ which is a form of retribution.

Question 14

Does community sentences meet the aims of reparation?

Answer 14

Reparation involves doing unpaid work to repair the damage they have caused to a victim’s property.
May be the whole community through unpaid work on community paybacks.

Question 15

Does community sentences meet the aims of deterrence?

Answer 15

Community service takes place in the community and is a visible form of punishment.
This could act as a deterrent to those who would be ashamed to be caught and be made to work in the public eye.

Question 16

Does community sentences meet the aims of public protection?

Answer 16

Community sentences do not lock offenders up, there is limited public protection.
If they go against a community order offenders risk being sent to prison - more of a deterrent.

Question 17

Does community sentences meet the aims of rehabilitation?

Answer 17

Community sentences may aim to rehabilitate offenders by addressing their needs e.g. drug treatment.
Studies show community sentences are most effective at rehabilitating offenders and preventing recidivism then short prison sentences
MOJ - 34% reoffend within 12 months of starting community sentences whereas 64% of those serving prison sentences.

Question 18

What is a fine?

Answer 18

financial penalties for offending, often given for less serious offences and used by the magistrates court

Question 19

What does the size of a fine depend on?

Answer 19

• offence
• circumstances of the crime
• offenders ability to pay
• which court hears the case

Question 20

Does fines meet the aims of retribution?

Answer 20

Hitting someone in the pocket is a good way to make them suffer from the harm caused.

Question 21

Does fines meet the aims of deterrence?

Answer 21

A fine may make a offender reluctant to re-offend from fear of punishment.
Fines are a common way to deal with first time offenders.
Fines may be used to suggest that reoffending will come with a worse punishment such as imprisonment.

Question 22

Does fines meet the aims of public protection?

Answer 22

A fine is set for non violent or summary offences, fines don’t meet the aims of public protection

Question 23

Does fines meet the aims of reparation?

Answer 23

Fines are collected by the courts, collection goes to the government or state, this state money then pays for things that taxes pay for.
Fines indirectly achieve reparation as money paid goes back into repairing community and the country.

Question 24

What is discharge?

Answer 24

When court finds someone guilty of minor offences but decides not to hand down a criminal conviction, they will be given a discharge

Question 25

What is conditional discharge?

Answer 25

Means the offender will not be punished unless they commit another offences within a set amount of time determined by the court. If they do court can sentence both the old and new offence

Question 26

What is a unconditional discharge?

Answer 26

No penalty is imposed. The court uses this type of discharge where a defendant is guilty but a punishment would be inappropriate because the defendant is morally blameless, it is classed as a conviction.

Question 27

Does discharge meet the aims of retribution?

Answer 27

Discharge can be conditional or unconditional.
Conditional allows the offender to have no punishment under the condition they do not commit another offence within a period of time set by the court.
Unconditional discharge allows the offender free with no punishment whatsoever.

Question 28

Does discharge meet the aims of deterrence?

Answer 28

Basic aims of discharge is deterrence.
They are low level punishments designed to warn the individuals not to reoffend.
A conditional discharge will deter the offender from further offending as if they offend within the set period by the court they will receive a harsher sentence.
Evidenced by the low level of reoffending following a discharge especially if used for a first offence.