Sentencing

Question 1

What are the aims of sentencing?

Answer 1

When judges or magistrates have to pass a sentence they will not only look at the sentences available. they will also have to decide what they are trying to achieve by the punishment they give.

Question 2

S142 Criminal Justice Act states ?

Answer 2

This act sets out the purposes of sentencing for those aged 18 or over, stating that the court must have regard to the punishment (retribution) of offenders the reduction (deterrence) of the crime, the reform and rehabilitation of offenders, the protection of the public and the making of reparation by offenders to person affected by their offences

Question 3

What is punishment/ retribution?

Answer 3

Retribution is the idea of punishment for the offender; it seeks to punish the offender because they deserve the punishment for the act they committed. The offender is seen to receive their just desserts. This will normally apply to serous offences such as murder.
Retribution does not seek to restrict crime or alter future behaviour of the offender.

Question 4

What is deterrence?

Answer 4

Deterrence means putting people off committing crime. It can be individual or general.
- Individual- the aim of this is to ensure that an offender does not re- offend by giving them a short sharp shock. It tries to give the offender a scare of additional punishment eg. heavy fine.

-General- this aimed at preventing other potential offenders from committing crimes. In general deterrence, courts may resort to making an example of an offender in order to warn other potential offenders of the type of punishment they may face.

Question 5

What is rehabilitation?

Answer 5

Rehabilitation is the idea that the offender will be cured of his criminal tendency and that there will be a restoration of , or improvement in, his ability to perform and function in society.

The aim is to reform and rehabilitate the offender through education, training drug rehabilitation or anger management so they are less likely to offend and they can be rehabilitated back into society.

Rehabilitation is a forward looking aim with the hope that the offender’s behaviour will be altered by the penalty imposed. Rehabilitation leads to individual sentences.

Question 6

How can sentencing protect the public?

Answer 6

It is also known as incapacitation and makes the offender incapable of offending by removing them from society or restricting their freedom eg. prison sentence, electronic tagging, curfew and driving bans.

Question 7

What is reparation?

Answer 7

Reparation aims to give back to the victim of the crime and society as a whole. The making of reparation by the offenders to persons affected by their offences is aimed at compensation the victim of the crime usually by offering the defendant to pay a sum of money to the victim. This aim of sentencing also includes making reparation to society as a whole for example to doing community work.

Question 8

What are the sentences available to adult offenders?

Answer 8

Custodial sentences - A custodial sentence means prison. A custodial sentence should only be passed if the offence is so serious that there is not alternative or the offence is of a violent or sexual nature and the public needs to be protected. Magistrates are restricted to sentencing a defendant to prison for 6 months or 12 months.

Judges are free to choose the length of the sentence, but for murder the judge has to give a life sentence.

Hutchinson v UK- whole life sentences are incompatible with the European convention of Human rights if there is no possibility of review.
Judge will have a choice of giving a life sentence for some serious offences including manslaughter, rape and armed robbery. The choice will be based on the seriousness of the offence and aggravating and mitigating factors involved.

Question 9

What are the other custodial sentences?

Answer 9

Extended sentences- For specified violent or sexual offences where an additional time period will be added to the sentence and where the offender is on licence in the community by under more control if they are likely to commit another offence.

Home Detention Curfew- When an offender is released early there will frequently be a curfew requirement attachment to the release conditions.

Minimum sentences- Imposed for specified offences for repeat offenders e.g. drugs and theft

Question 10

What are community sentences?

Answer 10

Community order includes an unpaid work requirement, where the offender will work for between 40 and 300 hours on a project identified by the probation service. He may be given a curfew requirement, forcing him to stay at home between certain hours of the day or a supervision requirement placing him under the supervision of the probation officer for a period of 3 years. He may also be given drug rehabilitation requirement or an alcohol treatment requirement to help him overcome any addictions. 56% of offenders who have received a community sentence reoffend within 2 years.

Question 11

What are fines?

Answer 11

A fine may be imposed for almost any offence other than murder. Fines can be awarded to offenders where deemed appropriate by the courts. LASP abolished the maximum fines that the magistrates can hand down, magistrates can now impose are fine for more serious offences of any amount. Fines are calculated on the seriousness of the offence and the offenders means.

The problems with imposing fines are that offender do not pay them. The cannot escape punishment by not paying so therefore they end up being imprisoned for non payment.

Question 12

What are discharges?

Answer 12

There are two types of discharges- conditional and absolute. A conditional discharge allows the convicted offender to leave the court a free man on condition that he does not reoffend for up to 3 years. If he does the court can impose a harsher or longer sentence next time. An absolute discharge means that no penalty is imposed. This only occurs where the offender is technically guilty, but no blameworthy.

Question 13

What are the other sentences that can be given?

Answer 13

• Driving disqualification-can be given for certain driving offences, most commonly drink driving convictions.
• Compensation and restitution orders- Courts can order the offender to compensate the victim or return property to the victim.

-Mental health orders- The crown court can order the detention of offenders in hospital on conviction of an imprisonment offence, if they are suffering from a mental disorder.

Question 14

What are the other factors influencing sentencing selection?

Answer 14

• The courts sentencing powers-Magistrates court has lower powers of sentencing 6 months /2x6) than the crown court. The crown court can impose
  the maximum sentence allowed for the specific offences:
• s.39-6 months
• s.47 +s.20 -5 years
  -s.18- life

-The seriousness of the offences

• Tariff for the offence- This is the starting point for the particular offence taking into account the level of fault of the defendant and the amount of harm caused to the victim.

Question 15

What are aggravating factors?

Answer 15

Aggravating factors are factors that are the offence worse and therefore deserving of a harsher sentence. For example racial or religious hostility involved in the offence, disability or sexual orientation involved, previous convictions of a similar nature and d was on bail when he committed the offence.

Other example- D was being part of a group attacking the victim, child or elderly person involved and attack on a nurse in hospital.

Question 16

What is a mitigating factor and how does it give you a lenient sentence?

Answer 16

Mitigating factors are that make the crime less bad and therefore the court is more likely to give a lenient sentence.

For example a early guilty plea, mental health illness of the defendant, physical illness often the defendant, no previous convictions and evidence of genuine remorse.

Question 17

What is a pre- sentence report?

Answer 17

The court will now examine the circumstances of the offender. If a prison sentence is being considered, the probation service will be asked to write a pre sentence report about the defendant. This includes details of his family life, financial circumstances and previous convictions.

Question 18

Youth sentencing?

Answer 18

The age of criminal responsibility is 10. Offenders who are under 18 are dead differently from adults. The focus of sentencing for this group is on rehabilitation and reformation.

Question 19

Criminal justice and immigration act?

Answer 19

When sentencing a young offender the court must have regard to: The principle aim of the youth justice system to prevent offending, the welfare of the offender, and purpose of sentencing.

Question 20

Section 9 of the Act

Answer 20

Lays down the purpose of sentencing you offenders:
Punishment
Reform and rehabilitation
The protection of the public
The making of reparation by offenders to a person affected by their offences

Question 21

What are the four main types of sentencing for young offenders?

Answer 21

Custodial sentences- The courts cannot send a child under the age of 18 to prison, instead they will be sent to a young offender institution, a secure training centre or a secure children’s home.

Young offenders institutions- They provide secure accommodation for 15-21 years old. The offender to staff ratio in these institutions is higher than other secure accommodations for young offenders so are not considered the best way to deal with vulnerable young offenders what may risk themselves or others.

Secure training centres- Run by private companies under strict conditions. Provide secure accommodation for offenders up to 17 years of age. There are currently only a limited number of these institutions in operation across the country. The focus is providing appropriate education and rehabilitation in order to prevent re offending and have high numbers of staff per offender in order to meet the objective. Staff develop links with each offender’s local community in order to ensure the offender is rehabilitated effectively and can hopefully return to work or education.

Secure children’s homes- They are run by local authorities and social services. Generally for 12-14 year olds but will take girls and boys up to the age of 16 years of age. They cater to the physical and emotional needs of the children.

Question 22

What are the two types of detention that can be given as custodial sentences?

Answer 22

Detention and training order- Given to offenders between the ages of 12 and 17 years old who have committed serious offences.

Detention under s.90/91 of the powers of the criminal courts sentencing act 2000- applies when a young person is convicted of an offence for which an adult could revive at least 14 years in custody. This sentence can only be given in crown court.

Section 90- is the mandatory life sentence applicable to young offenders. Ads with adults the young offender will be set a minimum tariff to serve.
Section 91- allows the court to give anything up to the maximum sentence that applies to adults convicted for the offence.

Question 23

What are the different types of community sentences available to for young offenders?

Answer 23

Youth rehabilitation order- The criminal justice and immigration act 2008 created the rehabilitation order, is replaced a range of different orders available for young offenders, including action plan orders, drug treatments and testing orders.

Reparation orders - designed to get the offenders to understand the consequences of their actions, emphasis with their victims and take responsibility for their actions.

Parenting order- Under the crime and disorder act. Parenting orders can be given to parents of children who offend. The parent does not get a criminal record. Counselling and guidance will be given to parents for up to 3 months.

Question 24

Fines

Answer 24

Foe offenders under 16, paying the fine is the responsibility of the oarent and it will be their ability to pay that and is taken into account when setting the level of the fine.

Question 25

Discharges

Answer 25

There are two types of discharges- absolute and conditional and these are usually issued for first time offenders. Conditional discharges can only be used in expectation circumstances following the Crime and Disorder Act. The offender will not be punished for the current offence provided they commit no further offences for a specified period. With absolute discharges, no punishments will be given to the offender with pleads guilt or being found guilty of the offence.