Aims of Sentencing Flashcards
Under what section and which act, does the laws on “aims of sentencing” come under ?
s.57(2) Sentencing Act (2020)
What is the purpose of the Sentencing Act (2020) ?
The act, sets out the purposes for sentencing for those aged 18+. It also rules, that the court must tell the defendant what their chosen aims in the trial are and what they expect them to achieve.
What are the different aims of sentencing
-Punishment
-Protection of the public
-Deterrence
- Reparation
What is meant by the idea of “punishment”, as an aim of sentencing ?
Based on the idea of punishment because the offender deserves it. It does not seek to reduce crime or alter future behaviour and it contains an element of revenge as society and the victim are being avenged for the wrong doing of the offender, prioritizing justice. This is achieved by set tariffs for each offence, so the sentence is simply proportional to the harm caused.
Which Act defines the laws on “protection of the public” as an aim of punishment ?
“The Legal Aid Sentencing and Punishment of Offenders Act” (2012) (LASPO)
What is meant by the idea of “protection of the public”, as an aim of sentencing ?
This type of sentencing aims to protect the public from “violent / prolific” offenders. The aim is to incapacitate offenders in order to prevent them from reoffending.
What are the different sentences to achieve the aim of “protecting the public” ?
-Custodial sentences
-Curfews (electronic tagging)
-Exclusion orders
-Driving bans
What is meant by the idea of “deterrence”, as an aim of sentencing ?
Deterrence, as a whole, is the aim of deterring a particular offender or society in general from committing an offence.
What are the two types of “deterrence”, as an aim of sentencing ?
-General deterrence
-Rehabilitation
What is meant “general deterrence”, as an aim of sentencing ?
This aims to put society off committing an offence by passing harsher (perhaps unproportional) sentences that make examples of offenders, and therefore deter potential offenders within society as a whole, but publicity is required for this to be effective.
What is meant by “rehabilitation” under a type of deterrence, as an aim of sentencing ?
“Rehabilitation” is a forward-looking aim to deter a particular offender from re-offending. It aims to “reform” the individual by treating the root cause of the offence, such as alcohol or drug abuse, through the sentence itself, and is particularly aimed at young offenders.
What is meant by the idea of “reparation” as an aim of sentencing ?
Aims primarily at compensating the victim of the crime, and this means the offender would have to pay money or return stolen property to the victim, however similarly, the offender may instead have to compensate society as a whole, and this mainly takes the form of unpaid work (community service)
What does the “Powers of Criminal Courts (Sentencing) Act” (2000), define about “reparation”, as an aim of sentencing ?
“Courts are under a duty to give reasons if they do not
make a compensation order”.
