Aims of Sentencing Q4 Flashcards
When passing a sentence, a court must also do what?
Give reasons for that sentence (S.174 CJA 2003)
What act states the judge must take the following aims into account when passing sentence?
What are the aims?
S.142(1) of the Criminal Justice Act 2003
- Deterrence
- Retribution
- Public Protection
- Rehabilitation
- Reparation
Deterrence
This means to put off D (individual deterrence) or to put off other people or the general public (general deterrence).
Retribution
this means seeking revenge or punishment. S. 2(2) of the Criminal Justice Act 1991 states the punishment should reflect the severity of the crime.
Public Protection
this means D is sentenced to prevent him from harming the public. It applies particularly to crimes of a violent or sexual nature.
Rehabilitation
this means to reform D and try to ‘cure’ his criminal behaviour.
Reparation
this means to give something back to V (through compensation) or to the community (unpaid work).