Sentencing

Question 1

Restrictions on Court’s Powers

Answer 1

Each crime has max penalty for that type of offence:

• e.g. Theft max 7yrs
• Some offences max life sentence e.g. Manslaughter and Rape
• Judge has discretion when sentencing for max life
• Murder has mandatory life sentence

Question 2

Aims of Sentencing

Answer 2

Judges and Magistrates have to decide what they are trying to achieve by the punishment they give

S.142 CJA 2003 Aged 18 and over Aims:

• Punishment
• Reduction of Crime (and Reduction by Deterrence)
• Reform and Rehabilitation
• Protection of Public
• Reparation between D and V

S.142A CJA 2003 Under 18’s:

• Prevent Re-Offending
• Must have Regard for their Welfare
• Punishment is referred to as Retribution

Question 3

Theories of Sentencing:
Retribution/Punishment
-Tarrif Sentences

Answer 3

Retribution/Punishment:

• Offender deserves punishment for their Act
• Doesn’t seek to reduce crime or alter D’s future behaviour
• Retribution: Concerned with making sure punishment is inflicted

Tariff Sentences:

• Retribution more based on idea of offence having set tariff
• 2009: All guidelines must include starting point and range for offence
• Leaves little discretion in sentencing and difficult to impose sentences aimed at reforming D

Question 4

Theories of Sentencing:

Detterence

Answer 4

Aimed at reducing future level of crime

Individual:

• Prison Sentences, Suspended Sentences, Heavy Fines
• Prison not good deterrence > 55% reoffend within 2yrs
• Young Offenders: Custodial Sentence lesser effect > 70% reoffend within 2yrs

General:

• Potential Offenders rarely deterred by Harsh Sentences
• Relies on Publicity
• Least Fair and Least Effective
• D may be sentenced for longer than deserved to make example

Question 5

Theories of Sentencing:

Reform/Rehabilitation

Answer 5

• Mostly Community Orders: S.177 CJA 2003
• Main Aim is to Reform offender
• Forward Looking: Hope’s D behaviour altered by punishment imposed
• Court will be given some info on D’s background to help decide on most effective punishment

Question 6

Protection of the Public

Answer 6

• Murder or other violent/sexual offences will be sentenced to life in prison
• CJA 2003: Court can send D to prison for Protection of Public (Imprisonment for Protection of Public Sentence ran from 2005-2012)
• Extended Sentences can be given where it was necessary to protect public

Question 7

Reparation

Answer 7

• Aimed at compensating V, either by ordering D to pay or to make Restitution (e.g. by returning Stolen Goods)
• S.130 Powers of Criminal Courts (Sentencing) Act 2000: Court must give reasons if they don’t give Compensation Order
• Projects to bring D and V together to make Direct Reparation (D and V must agree)
• Restitution: Mainly through Community Payback > D must do certain number of hrs work on community project

Question 8

Denunciation

Answer 8

• Society expressing their disproval of criminal activity

- Sentence should indicate both to D and public that society condemns certain behaviour