Criminal Courts- Aims of Sentencing

Question 1

What should the Courts consider when Sentencing?

Answer 1

• Retribution- punishment of offenders
• Denunciation- punishment of offenders
• Incapacitation- reduction of crime
• Deterrence- reduction of crime
• Reform and Rehabilitation of offenders

Question 2

What are Tariff Sentences?

Answer 2

• Based on idea that each offence should have a certain level of tariff and level of sentencing
• Guidelines set out by the Sentencing Council
• Lower sentence than set out shouldn’t be given

Question 3

What is Retribution?

Answer 3

• based on idea of punishment
• Has no aim to reduce future crime or alter defendant’s behaviour
• sentence should be proportional to offence.

Question 4

What is Denunciation?

Answer 4

• When society condemns certain types of conduct
• Sentences may be increased where society becomes less tolerant of certain offences and expresses its disapproval of the criminal activity
• Reinforces moral boundaries or acceptable conduct
• Example: drink driving is now morally unacceptable, The Road Safety Act 2006- created new offence of causing death by careless driving.

Question 5

What is Incapacitation?

Answer 5

• Designed to protect public by rendering criminal incapable of offending
• Includes punishments such as: curfew, tag, driving ban, e.t.c

Question 6

What is Deterrence?

Answer 6

• General Deterrence- stop others from committing that type of crime and reduce future crime levels.
• Individual Deterrence- stop individual from committing any future crime, inhibit offender through fear of punishment.

Question 7

What is Reform and Rehabilitation of Offenders?

Answer 7

• Defendant reformed and rehabilitated back into society.
• Aim to enable defendant to see error of their ways, e.g. through education or instruction
• Very important factor when sentencing, especially with regards to young people

Question 8

What are some of the additional aims of sentencing and considerations?

Answer 8

• Protection of public- safeguard public from dangerous criminals or stop behaviour that’ll harm public
• Reparation- compensate victim
• Consistency- Sentencing Council for England and Wales, Sentencing Guidelines.

Question 9

What are the four main types of sentencing for adults?

Answer 9

• Custodial sentences
• Community orders
• Fines
• Discharge

Question 10

What are Custodial Sentences?

Answer 10

• Most serious punishment a court can impose
• Range from weeks to life
• Only used for serious offences

Question 11

What are the four types of Custodial Sentences?

Answer 11

• Mandatory life- only available sentence for murder that a judge can pass, defendant must serve full time.
• Discretionary life- serious offences, e.g. manslaughter and robbery. Max sentence- life. Particular term of sentence given at discretion of judge.
• Fixed term- length of sentence depended on what max is available for that crime, as well as seriousness and defendant’s past record. Half served in prison and half on licensed supervision.
• Suspended prison- up to 2 years (6 months in Magistrates’ Court) Those aged 21 and over. Any further offence and suspense is ‘activated’ additional sentence for new offence.

Question 12

What are Community Orders?

Answer 12

• Available for anyone older than 16.
• Criminal Justice Act 2003- created one community order under which court can combine any requirements they think necessary.

Question 13

What are the four types of Community Orders?

Answer 13

• Unpaid work requirement- 40-300 hour. Can be a community project, organised by probation officer. Hours fixed by courts during sentencing.
• Prohibited activity requirement- can include prevention of another crime. Can include restrictions from areas to visit, to wearing a ‘hoodie’
• Curfew requirement- order to remain at fixed address. Between 2 and 16 hours in 24 hour period, last up to 6 months and can be enforced by an electronic tag.
• Supervision requirement- undertaken by probation officer, last up to 3 years. Must attend appointments with probation officer- if not can be re-sentenced.

Question 14

What are Fines?

Answer 14

• Offender usually has to pay set rate each week
• Most common way of disposing of a case in Magistrates’ Court.
• Crown Court doesn’t issue many fines.

Question 15

What are the two types of discharges?

Answer 15

• Conditional- basis that no further offences will be committed during a set period- up to 3 years. When punishment isn’t necessary. If defendant re-offends, new sentence issued to replace discharge.
• Absolute- no penalty imposed, defendant technically guilty but morally blameless, e.g. Somebody from another country smoking in an English Bar, technically illegal however they are unaware.

Question 16

What factors should the court consider when deciding what sentence to pass?

Answer 16

• The offence
• Sentencing Guidelines
• Offenders Background
  ( done by discussing aggravating and mitigating factors in sentencing)

Question 17

What are Aggravating Factors?

Answer 17

• Something that will make offense worse, increase sentence
• Examples: racial or religious prejudice, previous convictions, offence involves a disability or sexual orientation.

Question 18

What are Mitigating Factors?

Answer 18

• Allows court to give a lighter sentence
• Reduction in sentence when defendant pleads guilty at an early hearing.
• Examples: defendant has physical illness/disability, no previous convictions.