Inside the court

Question 1

Describe the sentencing process

Answer 1

Sentencing as a legal practice:
Instrumental function
‘the allocation of an appropriate penalty to a convicted offender’
‘the apex of the criminal process’

Sentencing as a social practice:
Expressive and symbolic role
To punish wrongdoing
Communicating society’s disapproval

Question 2

Describe sentencing principles

Answer 2

Sentencing rationales
punishment of offenders 
reduction of crime 
reform and rehabilitation of offenders 
protection of the public
reparation

Additional factors for the judge to consider include
gravity of the offence
impact on the victim
offender’s circumstances

Question 3

Describe the court performance

Answer 3

Reconstitution of identity
Induce shame
Reinforce social solidarity

Question 4

Describe sentencing aims

Answer 4

Sentencing as ‘the allocation of an appropriate penalty to a convicted offender’ and also a ‘balancing act’ (Hutton 1999:166)

Informed by:
Sentencing principles
Legislation or guidance
‘Facts’ of the case
Pre-sentence or social enquiry report

Produces just sentences by balancing competing principles:
Equality in sentencing
Individualised sentencing

Question 5

Describe sentencing in practise

Answer 5

Discretionary sentencing characterised as:
an intuitive, rather than rational, process
justified retrospectively
likely to result in inconsistency