Sentencing

Question 1

Aims of sentancing

Answer 1

S.142 of the Criminal Justice Act 2003 sets out the purposes of sentencing for those aged 18 and over, a court mus have a regard to:
- the punishment of offenders
- the reduction of crime (detterence)
- the reform and rehabilitation of offenders
- the protection of the public
- the making of reparation by offenders to persons affected by their offences (victims).

Question 2

Punishment

Answer 2

Often referred to as retribution. In addition to the purposes of sentancing in the 2003 Act, denunciation of crime is also recognised as an aim of sentancing. Each of the aims will be examined in turn.

Question 3

Retribution

Answer 3

Based on the idea of punishment. It is to impose a punishment because the offender deserves punishment, not to reduce crime or alter the offenders future behaviour, only to give a sentance proportional to the offence. ‘An eye for an eye’, ‘a tooth for a tooth’, ‘a life for a life’. This was a factor used to justify the death penalty.

Question 4

Tariff sentancing

Answer 4

Retribution is now seen as each offence should have a certain tariff or level of sentancing. There are guidelines for all main categories of offence that judges must take notice of and should not give a lower sentence than the min set out in the guidelines.

Question 5

Tariff sentancing - guidelines

Answer 5

Step 1: determining the offence category
Step 2: starting point and category range

Question 6

Tariff sentancing - guidelines - Step1

Answer 6

Category 1: greater harm and higher culpability
Category 2: Greater harm and lower culpability or lesser harm and higher culpability
Category 3: lesser harm and lower culpability

Question 7

Tariff sentancing - guidelines - Step 2

Answer 7

Offence category: starting point (applicable to all): category range (applicable to all)
Category 1: 1 year and 6 months’ custody: 1-3 years custody
Category 2: 26 weeks’ custody: Low level community order-51 weeks’ custody
Category 3: medium level community order: Band A-high level community order

Question 8

Detterence

Answer 8

Can be individual or general detterence. Both are aimed at reducing future levels of crime. To give a punishment aimed at putting d off reoffending due to fear of punishment or preventing other potential offenders from committing similar crimes.

Question 9

Individual deterrence

Answer 9

Penalties put in place to prevent offender from reoffending:
- prision sentance
- suspended sentance
- heavy fine
Prision does not seem to deter; 55% of adult prisioners reoffend within 2 years of release. 70% of young offenders given a custodial sentance reoffend within 2 years.

Question 10

General deterrence

Answer 10

Courts sometimes resort to making an example of an offender in order to warn other potential offendors of the type of punishment they face. Direct conflict with the principle of retribution as it usually involves sentancing an offender disproportiantly with their offence. It is probably the least fair and effective principle of sentencing.

Question 11

General deterrence - example

Answer 11

2011 riots, looting - many given custodial offences for minor thefts, sending a clear message to others.

Question 12

Rehabilitation

Answer 12

A forward looking aim, wanting to reduce crime. To try and alter the behaviour of the offender so they will conform to community norms and not offend in the future.

Question 13

Reformation

Answer 13

Trying to reform an offender’s behaviour so they will not offend in the future. The courts may be given information about d’s background through a pre-sentence report by the probation service. Offenders will usually be given a community order with various requirements aimed at rehabilitation.

Question 14

Protection of the public

Answer 14

Public needs to be protected fromdangerous offenders.

Question 15

Protection of the public - long term

Answer 15

The Criminal Justice Act 2003 introduced a provision for serious offences - if the court considers d a danger to society, they must send d to prision. Life imprisionment and long term imprisionment are given to those who committ murder/violent crimes/sexual offences.

Question 16

Protection of the public - short term

Answer 16

There are other ways for the public to be protected if the offences are not as serious, but still dangerous. Including an exclusion order as a requirement in a community order, or taking away the driving license, and/or setting a curfew for the offender, will ban offenders from going somewhere where they are likely to offence.

Question 17

Protection of the public - example

Answer 17

D committed an affray in Manchester when attending a football match - judge banned d from going to Oldham town centre on home match days and approaching a football stadium within half a mile. Both bans lasted 6 years.

Question 18

Reparation

Answer 18

Aimed at compensating v of the offender by ordering d to pay a sum of money in addition to any other penalty seen necessary. Reparation can also be done to society as a whole via unpaid work on a community project.

Question 19

Denunciation

Answer 19

Society expressing disapproval of criminal activity and reinforces the moral boundries of acceptable conduct. A sentence should indicate both to the offender and to the public that society condemns that behaviour and that justice was achieved.

Question 20

Denunciation - example

Answer 20

Drink driving - now seen as unacceptable and dangerous due to the changes in law and the severe sentences being imposed.

Question 21

Powers of the Criminal Courts

Answer 21

The Crown Court has unlimited powers in sentencing and fines.

Question 22

Powers of the Criminal Courts - Custodial sentencing

Answer 22

The Crown Court can pass a custodial sentence of any length up to the max for that particular offence. The Magistrates’ Court have the power to send a person to prision for 6 months for one offence or 12 months for 2 offences.

Question 23

Powers of the Criminal Courts - fines

Answer 23

The Crown Court has unlimited power to pass fines. In practice, the biggest fines are usually on buissnesses for breaches of health and safety laws. In the Magistrates’ Court, summary offences are set into 5 different levels with a max fine for each level, and must stay in the limit for each offence.

Question 24

Powers of the Criminal Courts - fines - the Magistrates’ Court levels

Answer 24

Max fines:
Level 1: £200
Level 2: £500
Level 3: £1,000
Level 4: £2,500
Level 5: unlimited

Question 25

Powers of the Criminal Courts - other powers

Answer 25

The courts can give: - a conditional discharge - making a compensation order - disqualifing a person from driving

Question 26

Sentencing avaliable for adults - custodial sentences

Answer 26

Can only be used for serious offences (Criminal Justice Act 2003). The most serious punishment that can range from a few weeks to life imprisionment. They include: - mandatory and discretionary life sentences - fixted-term sentences - suspended sentences

Question 27

Sentencing avaliable for adults - custodial sentences - mandatory life sentences

Answer 27

For murder, the only sentence a judge can impose is a life sentence, but the judge is allowed to state the minimum number of years' imprisionment that the offender must serve before being released on licence. The mimimum term is govered by the Criminal Justice Act 2003 to give judges clear starting points for the min period to be ordered.

Question 28

Sentencing avaliable for adults - custodial sentences - discretionary life sentences

Answer 28

For serious offences (s.18 GBH), the max sentence is a life imprisionment but the judge does not have to impose it. The judge has a discretion in sentencing and can give a lesser sentence when appropiate.

Question 29

Sentencing avaliable for adults - custodial sentences - fixed-term sentances

Answer 29

Imprisioment for a set number or months/years. Prisioners do not serve the whole of the sentence passed by the court. They are automatically released after they have served half the sentence. Only offenders aged 21 and up can be given a sentence of imprisionment. This is for other crimes, where the length of the sentence is based on several factors: - max sentence avaliable for crime - seriousness of crime - d's prev record

Question 30

Sentencing avaliable for adults - custodial sentences - prision populations

Answer 30

Prisions in England and Wales are overcrowded, and now not enough prision places.

Question 31

Sentencing avaliable for adults - custodial sentences - suspended prision sentences

Answer 31

It should only be given when the offence is so serious an immediate custodial sentence would be appropiate, but there are exceptional circumstances that justify suspending it. An adult offender may be given a suspended sentence of up to 2 years, meaning that the sentence does not take effect immediatly. If, during the suspension, d does not committ any offences, then the prision sentence will not be served. If they do, the prision sentence is to be taken place and include the charges of the new offences.

Question 32

Sentencing avaliable for adults - community orders

Answer 32

The Criminal Justice Act 2003 created one community order in which the court can combine any requirements to 'mix and match' and allow to fit the restrictions and help the rehabilitation of the offender. This sentence is avaliable for offenders aged 16 and over.

Question 33

Sentencing avaliable for adults - community orders - requirements

Answer 33

S.177 of the Criminal Justice Act 2003 stated the requirements, s.177(1) allows the court to 'mix and match': - unpaid work - activity - programme - prohibited activity - curfew - exclusion - residence - mental health treatment - drug rehabilitation - alchohol treatment - supervision - (if d is aged under 25) attendence centre

Question 34

Sentencing avaliable for adults - community orders - unpaid work requirement

Answer 34

Requires d to work for between 40 and 300 hrs on a suitable project organised by the probation service. The extact number of hours will be fixed by the court and then those hours are usually worked in 8hr sessions often at weekends. The work will vary and depend on the probation service schemes.

Question 35

Sentencing avaliable for adults - community orders - prohibited activity requirement

Answer 35

Allows a wide range of activities to be prohibited. The idea is to try prevent defendants from committing another crime of the same type. Often, d wouldn't be allowed to go into areas where they have previously caused trouble.

Question 36

Sentencing avaliable for adults - community orders - prohibited activity requirement - case

Answer 36

2006 - d found guilty of criminal damages was prohibited from carrying paint, dye, ink or marker pens.

Question 37

Sentencing avaliable for adults - community orders - curfew requirement

Answer 37

An offender can be ordered to a fixed address fot between 2-16 hrs in any 24 hr period. This order can last up to 6 months and may be enforced by electronic tagging. This can only be made if there is an arrangement for monitering curfew in the area. Such monitering can be done by spot-checks, security firms sending people to the offender's home to check, or electronic tagging - satellite technology to track those tagged.

Question 38

Sentencing avaliable for adults - community orders - supervision requirement

Answer 38

Offender is placed under the supervision of a probation officer for a period of up to 3 years, during which d must attend appointments with the supervising officer or any other person decided by the officer.

Question 39

Sentencing avaliable for adults - fines

Answer 39

The most common way of disposing a case in the Magistrates' Court, but only a small % of offenders in the Crown Court are dealt with via fines. Usually d is ordered to pay the fine at a set rate each week.

Question 40

Sentencing avaliable for adults - discharges

Answer 40

- Conditional discharge - Absolute discharge

Question 41

Sentencing avaliable for adults - discharges - Conditional discharge

Answer 41

Widely used by the Magistrates' Court for first time minor offenders. The court discharges an offender on the condition that no further offence is committed during a set time period of up to 3 years. It is intended to be used when punishment is not deemed necessary. If the d offends during that time period, the court can impose a sentence in place of the conditional discharge as well as imposing a penalty for the new offence.

Question 42

Sentencing avaliable for adults - discharges - Absolute discharge

Answer 42

No penalty is imposed. Such a penalty is likely to be used where an offender is guilty but morally blameless. This is not often used.

Question 43

Sentencing avaliable for adults - other powers of the court

Answer 43

- Disqualifying d from driving for a certain length of time - Compensation order (d pay v) - Forfeiture order (property taken from d)

Question 44

Sentencing avaliable for adults - other powers of the court - victim surcharge

Answer 44

In addition to a sentence, it must also order that the relevant surcharge is paid. The amount depends on the sentence and if the offender was an adult or youth. Revenue raised from victim surcharge is used to fund victim services throuh Victim and Witness General Fund.

Question 45

Factors in sentencing

Answer 45

The courts must consider the following factors: - the offence - sentencing guidelines - offender's background

Question 46

Aggravating factors in sentencing - Act and meaning

Answer 46

Set out in s.143(1) of the Criminal Justice Act 2003: how serious was the crime of its type?

Question 47

Aggravating factors in sentencing - factors

Answer 47

Factors considered aggravating factors making an offence more serious: - previous convictions for similar or relevant offences - if d was on bail when committing the crime - racial or religious hostility being involved in the offence - hostility to disability or sexuality being involved in the offence

Question 48

Aggravating features in sentencing - assault

Answer 48

Where d committed an assault, aggravating factors include: - the offender being part of a group attacking the v - a particularly vulnerable v (a young child or elderly person) - a v serving the public (an attack on a nurse in a hospital) - if the assault was premeditated.

Question 49

Aggravating factors in sentencing - enforcing sentencing

Answer 49

Where there is an aggravating factor, the court will normally pass a more severe sentence. Magistrates and the judge all have a copy of the guidelines issued by the Sentencing Council. These give a starting point and a sentencing range.

Question 50

Mitigating factors avaliable in sentencing

Answer 50

Allows a court to give a lighter sentencing than what would normally be given: - coorporating with police - mental illness - physical illness - if d has no previous convictions - evidence of genuine remorse

Question 51

Mitigating factors avaliable in sentencing - reduction in sentence for a guilty plea

Answer 51

Where d made the plea early in proceedings, there can be a reduction in sentence. The Sentencing Council guidelines are that: - the reduction for a guilty plea at the first reasonable opportunity should attract a reduction of 1/3 - a plea after the trail has started would only be given 1/10 reduction

Question 52

Mitigating factors avaliable in sentencing - reduction in sentence for a guilty plea - expection

Answer 52

Where the evidence is overwhelming and the d's guilt is clear. Here, even if d pleads guilty at the earliest possible opportunity, the judge need only give a 20% discount for the plea of guilty.

Question 53

Background of the offender

Answer 53

Whether they have previous convictions or not are very important facts, as well as reports based on the offender's background.

Question 54

Background of the offender - previous convictions

Answer 54

If they have previous convictions for the same/similar offences, they are likely to recieve a heavier sentence.

Question 55

Background of the offender - reports

Answer 55

The courts will often have a report prepared by the probation officer based on d's background. If d is ill, they may ask for a medical report, and all will be considered in deciding what sentence to impose.