Sentencing

Question 1

Explain types of sentencing

Answer 1

Custodial: most serious
S152 Criminal Justice Act 2003 this should only be used when other sentences insufficient
Types of custodial
- mandatory life sentence (murder) judge sets minimum tariff before D released on license
- fixed term sentences (common) D given set time and usually serves half then released on parole
- suspended sentences (serves sentence outside of prison but goes into prison if reoffends within that time)
CJA (amended LASPO 2012) created community order with 12 optional requirements that can be given to an offender
- unpaid work, rehabilitation session, stay at particular residence, curfew
Fines: less serious
- paying money to the state
- since 2015 no maximum limit
- unpaid work can often be ordered to pay off fine instead
Discharges:
- D released and no formal punishment
- conditional (D avoids prison if does not offend in 3 years)
- absolute (considered not deserving of punishment) morally blameless

Question 2

Explain types of custodial

Answer 2

Custodial is most serious (prison)
S152 CJA 2003 - these should only be used when other sentences would be insufficient
Mandatory life sentence (murder)
- life sentence & judge sets minimum tariff before D can be released on license
- sentencing guidelines, mitigating and aggravating factors help decide tariff
- judge can impose whole life order for very serious eg. Political- Mair
Discretionary life sentence
- can impose life, do not have to
Eg. Manslaughter or child destruction (Wilson)
Fixed term sentence: common
- given set time to serve and usually released on parole after half served
Suspended
- can only be given for up to 2 years
- D serves for period of time outside of prison and if reoffends then spends rest of sentence in prison

Question 3

Different aims of sentencing

Answer 3

S142 CJA 2003 sets out main aims of sentencing
Deterrence
- aims to reduce crime by scaring potential offenders with punishment
Individual - harsh sentence to put D off reoffending
General- harsh sentence to send message to general public to not offend
Protection of public:
- ensures dangerous offenders cannot further harm society (custodial)
Retribution:
- similar to revenge
- matching punishment to crime like ‘an eye for an eye’
Rehabilitation:
- belief that an offender can be reformed into a productive member of society
Eg. Community service allows help for substance abuse/ can gain community links
Reparation:
- compensating for a crime
Eg. Returning stolen item/paying for it
Denunciation:
- punishing for sake of showing society illegal behaviour is not tolerated (as a symbol)

Question 4

Aims of sentencing and which sentences best achieve this

Answer 4

Explain aims of sentencing also add 
Deterrence: 
- unpleasant such as custodial or unpaid work (D can visibly be seen as punished) 
Protection of public: 
- custodial 
Retribution: 
- depends on nature of crime eg. Murder death penalty of life sentence ‘a life for a life’ 
Rehabilitation: 
- community sentences (help for substance abuse/build links in community) 
Reparation: 
- fine/compensation order/unpaid work 
Eg. Return stolen item or pay for it
Denunciation: 
- any sentence sufficient

Question 5

Types of custodial and factors to consider on which to impose

Answer 5

Types of custodial &
Aggravating factors are things that increase D’s sentence (no remorse, previous convictions)
Mitigating factors are things that decrease D’s sentence (pleading guilty, no previous convictions)