Aims Of Sentencing Adult Offenders Flashcards
(13 cards)
Where are the five aims of sentencing found in law?
In Section 142 of the Criminal Justice Act 2003.
What are the five main aims of sentencing under the Criminal Justice Act 2003?
1) Punishment, 2) Protection of the public, 3) Rehabilitation/Reform, 4) Reparation, 5) Reduction of crime (deterrence).
What is the aim of punishment of offenders in sentencing?
To ensure the offender is punished proportionately for their wrongdoing — based on the principle of ‘an eye for an eye’. The more serious the offence, the harsher the sentence, e.g., mandatory life sentence for murder.
What does protection of the public mean as a sentencing aim?
It aims to prevent future harm by removing or monitoring dangerous offenders. Courts may impose custodial sentences or Home Detention Curfews with electronic tagging to monitor compliance.
Give an example of how the public can be protected through sentencing.
Offenders may be given a Home Detention Curfew, requiring them to stay at home up to 16 hours/day, enforced via electronic tagging.
What is the aim of rehabilitation and reform in sentencing?
It focuses on changing the offender’s behaviour to reintegrate them into society. It is a forward-looking aim.
What are examples of rehabilitation-based sentences?
A Community Order with requirements like anger management courses or drug and alcohol treatment programmes.
What does reparation mean as an aim of sentencing?
It means the offender makes amends to the victim or society, e.g., paying compensation, returning stolen property (restitution), or taking part in reparation projects.
What is restitution in the context of reparation?
It involves the return of stolen property to the victim by the offender.
What does the reduction of crime mean in terms of sentencing aims?
It refers to lowering crime levels through deterrence and rehabilitation of offenders.
What is individual deterrence?
Punishing the offender in a way that discourages them personally from committing further offences.
What is general deterrence?
Making an example of an offender to warn others of the consequences and discourage similar crimes.
Give examples of sentences used for deterrence.
Severe custodial sentences or a suspended sentence, which acts as a warning that prison will follow if another offence is committed within a set period.