Sentencing

Question 1

The aims of sentencing

Answer 1

Set out in the Criminal Justice Act 2003

• Punishment (Denunciation)
• Reduction of crime (Deterrence and Rehabilitation)
• Protection of the public
• Reparation

Question 2

Aims - Punishment

Answer 2

‘Let the punishment fit the crime’

Denunciation - Public condemnation

Question 3

Aims - Reduction of crime

Answer 3

Deterrence - individual and general

Individual - Aimed at a particular offender to stop them re-offending either with a severe sentence or by threat of imprisonment

General - Aimed at putting society off committing crimes by exemplary sentences or minimum sentences (Can be harsh and lead to injustice)

Rehabilitation - Help the offender from re-offending, focused on long-term, more likely to be rehabilitated from community sentences rather than custodial

Question 4

Aims - Protection of the public

Answer 4

Prevent re-offending, either curfews or custodial sentences may be used

Question 5

Aims - Reparation

Answer 5

Considers the victim when sentencing

Question 6

Other factors taken into account when sentencing

Answer 6

Aggravating factors make the sentence more severe

Mitigating factors make sentence more lenient

The seriousness of the crime

Previous records

Motive to offend

Early guilty plea (reduces sentence up to a third)

Question 7

Custodial sentences available for adults

Answer 7

Set out under Criminal Justice Act 2003 and the Crime and Disorder Act 1998

Mandatory life sentences - murder if over 18 - minimum term served before release on licence ranges from whole life to 15 years - Tariff set out in CJA 2003

Discretionary life sentences - Available for other serious offences - judge has discretion in imposing a lesser sentence if appropriate

Fixed-term sentences - Auto release after half sentence is served - only available if over 21

Home detention curfew - early release on a curfew

Indeterminate sentences - for dangerous offenders for public protection

Extended sentences - Custodial sentence up to the maximum for the crime followed by an extension period on licence

Minimum sentence - Dealing class A drugs or third party burglary of residential building

Suspended sentence - 28-51 weeks suspended for up to 2 years, sentence only has to be served if offender commits further offences

Question 8

Community sentences available for adults

Answer 8

Generic ‘community order’ under CJA 2003 includes requirements for those over 18

• Unpaid work requirement (R) (40-300 hours)
• Supervision R - put under supervision of probation officer
• Drug treatment and testing R
• Curfew R - for a certain number of hours a day offender has to be in a specific place (electronic tagging)

Question 9

Fines and other sentences for adults

Answer 9

Fines unlimited in crown court and £5000 in magistrates

Absolute and conditional discharges

Disqualification from driving

Question 10

Custodial sentences for youth offenders

Answer 10

Detention at her majesty’s pleasure - murder if aged 10-17, Indeterminate sentence and judge will recommend minimum term

Young offenders institution - offenders aged 18-20, can be from 21 days to maximum for offence, transferred to adult prison if they turn 21 before release date

Detention and training orders for aged 12-17, only for persistent offenders, if under 15 duration is from 4 to 24 months

Detention for very serious crimes is available, allows young person to be detained for longer, up to max for offence

Question 11

Community sentences available for youth offenders

Answer 11

Youth rehabilitation order under CJA 2003 - similar to community order but for 10-18 year olds

• Activity R
• Attendence centre R
• Drug testing R
• Education R
• Local authority residence R
• Mental health treatment R
• Programme R
• Supervision R
• Unpaid work R - if D is 16 or over on conviction

Question 12

Fines and other sentences for youth offenders

Answer 12

Fines - 10-13 is max of £250, 14-17 max of £1000, over 18 is same as adult

ASBO’s - Civil orders to protect the public

Discharges
reprimands
warnings

Question 13

Advantages of Custodial sentences

Answer 13

• While in prison public is protected
• Prison offers opportunity to rehabilitate
• The punishment is appropriate to the crime

Question 14

Disadvantages of Custodial sentences

Answer 14

• Causes family breakdown, usually resulting on offender being homeless upon release
• Over 65% ex-prisoners usually re-offend within 2 years, 80% rate with youth offenders
• Less serious offences could be dealt with using community sentences - more effective and cheaper
• Overcrowding e.g Durham prison max of 600 but holds 900 - less chance of rehabilitation

Question 15

Advantages of Community sentences

Answer 15

• Less disruptive than custody as person can continue living with family and have a job
• Most offenders find supervision orders useful as it allows them to talk about their problems and confront their behaviour
• Much cheaper than custody
• Unpaid work gives offenders a sense of achievement
• Tagging keeps offenders out of trouble and protects the public

Question 16

Disadvantages of Community senteces

Answer 16

• Tagging can be degrading although less degrading than prison
• Re-offending rates are still quite high

Question 17

Advantages of Fines

Answer 17

• Brings revenue in for the courts

- A quick penalty for a minor crime

Question 18

Disadvantages of Fines

Answer 18

• Problem collecting fines

- Under CJA 2003 a person can do unpaid work to pay off a fine at £6 per hour but supervising this is also expensive