Sentencing

Question 1

S142 Criminal Justice Act 2003

Answer 1

Any Court dealing with an adult offender must have regard to the following purposes of sentencing:

• Punishment of the Offender (Retribution)
• Reduction of the crime (by deterrence)
• Reform & Rehabilitation of the offenders
• Protection of the Public (Incapcitation)
• Reparation

Question 2

Explain Punishment of the Offender

Answer 2

• Taking revenge on behalf of the victim & society
• Idea is that the offender deserves punishment for carrying out a criminal act
• Retribution is only concerned with the Offence & making sure the punishment is in proportion to that offence
• E.g Tariff System.

Question 3

Explain Deterrence

Answer 3

• Preventing people committing crimes in the future.
• The fear of being caught is found to be more of a deterrent

Question 4

Explain General Deterrence

Answer 4

Judges make an example of an offender in order to warn the public of the type of punishment they might face.
E.g harsh sentences imposed by Magistrates following the London Riots in 2011

Question 5

Explain Individual Deterrence

Answer 5

Aims to ensure that the offender does not re-offend. through fear of future punishment.
Theory is that the offender will think twice in the future for the fear of punishments
E.g - Introduction of Detention Centre Orders under the CJA 1982

Question 6

Explain Rehabilitation

Answer 6

To reform the offender and try to “cure” their criminal behaviour.

Question 7

Explain Protection of the Public

Answer 7

• Aimed at preventing the offender from harming the public
• Applies to crimes of a violent or sexual nature
• Achieved by imposing a custodial sentence

Question 8

Explain Reparation

Answer 8

• Also known as “restorative justice”
• Offenders provide remedies to their victims or the community
• Compensation/Letters of apology
• Offenders can also do unpaid work in the community

Question 9

What are the 2 sentencing factors

Answer 9

Aggravating
Mitigating

Question 10

Explain Aggravating Factors

Answer 10

• Factors which make a harsher sentence more likely

Question 11

Examples of Aggravating Factors

Answer 11

• Vulnerable Victim
• Previous convictions
• Breach of position of trust
• Use of a weapon
• Racially motivated/gang activity

Question 12

Explain mitigating factors

Answer 12

• Make a lenient sentence more likely

Question 13

Examples of Mitigating Factors

Answer 13

• Young defendant
• No previous convictions
• Early guilt plea
• Showed remorse
• Attempt to offer compensation to victim