Topic 2.3 - Assess how forms of punishment meet the aims of punishment

Question 1

The aims of sentencing

What are the five aims of sentencing as set out in the Criminal Justice Act 2003?

Answer 1

• The punishment of offenders (retribution)
• Crime reduction, including through deterrence
• Rehabilitation of offenders
• Protection of the public (incapacitation)
• Reparation to victims

Question 2

The sentencing framework

What are the four basic types of sentence that the courts can use to punish offenders?

Answer 2

Imprisonment, community sentences, fines and discharges

Question 3

Imprisonment

When are prison sentences handed down by the courts? Give an example of the type of offence.

Answer 3

For the most serious offences, or when the court believes that the public must be protected by removing the offender from society. For example, almost half of all prisoners in the UK were convicted of sex or violence offences

Question 4

What are the three kinds of prison sentence?

Answer 4

Indeterminate and life sentences, determinate sentences, and suspended sentences

Question 5

Life sentences

What is the most serious punishment a UK court can hand down?

Answer 5

A life sentence

Question 6

What does a judge do when giving a life sentence?

Answer 6

Sets the minimum time that the offender must spend in prison before they can be considered for release by the Parole Board

Question 7

What does the Parole Board do in cases of life sentences when looking at their release?

Answer 7

Assesses whether their release is safe and suitable

Question 8

What happens if an offender is released on license?

Answer 8

They have to follow specific rules or conditions and be supervised by the probation service

Question 9

What does the offender remain on for the rest of their life?

Answer 9

License. If at any time they break the terms of their license, they will be called back to prison

Question 10

What is a mandatory (compulsory) life sentence? Which type of offence is it used for?

Answer 10

A sentence which must be given to offenders who are found guilty of murder. They can also be given for other serious offences such as rape

Question 11

What is meant by a ‘whole life term’?

Answer 11

The offender will never be released

Question 12

Indeterminate sentences

What is meant by an ‘indeterminate sentence’?

Answer 12

A sentence with no set release date. Offenders have no automatic right to be released after the minimum term has been served. Instead, the Parole Board will decide if the offender is suitable to be released on license

Question 13

In 2018, how many prisoners were serving indeterminate sentences?

Answer 13

10,000 - accounts for around 14% of the prison population - by far the highest in Europe

Question 14

Why might an offender have an ‘imprisonment for public protection’ (IPP) sentence?

Answer 14

If they are regarded to be too dangerous to be released and pose a threat to the public they can be kept in prison after they have served their minimum sentence

Question 15

In 2018, how many IPP prisoners were there?

Answer 15

2,200

Question 16

Determinate sentences

What are determinate sentences?

Answer 16

A sentence with a fixed length. Most prisoners in the UK serve determinate sentences (about 65-70,000 in 2021). In most cases, not all the sentence is served in prison

Question 17

What length of the sentence is served in prison for a sentence of under 12 months?

Answer 17

The offender is usually released halfway through

Question 18

What length of the sentence is served in prison for a sentence of 12 months or more?

Answer 18

The offender spends the first half in prison and the second half in the community on licence. The licence is supervised by the probation service and includes the conditions they must meet (undergo drug treatment and testing). If they break any of their licence conditions, the offender could be recalled to prison for all or part of their sentence

Question 19

What happens to offenders who are sentenced to less than two years when they are released?

Answer 19

Released on post-sentence supervision for 12 months, with regular meetings with a probation officer and specified requirements

Question 20

Suspended sentence

What happens to an offender who is given a suspended sentence?

Answer 20

The offender is given a prison sentence but does not go directly to prison. They may receive a suspended sentence if they would otherwise be given a prison sentence of less than 12 months

Question 21

What is the maximum time a sentence can be suspended for?

Answer 21

2 years

Question 22

Give an example of the conditions that could be put on a suspended sentence.

Answer 22

Probation or drug addiction treatment

Question 23

What happens if the offender re-offends while they are serving a suspended sentence?

Answer 23

The offender must meet these requirements and must not commit any further offence during the suspension period. If they do, the court can send them to prison to serve their original sentence. In 2019, 15% of those convicted of a serious (indictable) offence received a suspended prison sentence

Question 24

Does imprisonment meet its punishment aims?

Summarise how prison meets the aim of retribution

Answer 24

This is the idea that offending deserves to be punished and that punishment should fit the crime. Prison punishes people for their crimes by taking away their freedom (and often also imposes unpleasant living conditions on them)

Question 25

Why might prison not give offenders their ‘just desserts’?

Answer 25

How do we decide exactly what length of sentence ‘fits’ different crimes? Society disagrees about whether sentences are too long or too short, and about which offences or offenders deserve prison

Question 26

Deterrence

Summarise how prison meets the aim of deterrence

Answer 26

It is argued that the risk of being sent to prison deters would-be offenders from committing crimes, and actual offenders from committing further crimes. However, high re-offending rates by ex-prisoners suggests that prison is not an effective deterrent for many. For example, nearly half of adult prisoners are re-convicted within a year of being released from jail

Question 27

Why might prison not act as a deterrent?

Answer 27

Deterrence only works if would-be offenders are capable of thinking and acting rationally. But many offences are committed under the influence of drugs or alcohol, and many offenders are poorly educated or have mental health problems. In these circumstances, they may not carefully consider the risk of being sent to prison when they commit an offence

Question 28

Public protection (incapacitation)

Summarise how prison meets the aim of incapacitation

Answer 28

It protects the public by taking offenders out of circulation: if they are in jail, they cannot harm the public (though of course, they can harm themselves, other inmates or staff). In other words, prison ‘works’ because it incapacitates criminals - it puts them out of action for the duration of their sentence

Question 29

Summarise the four ways in which prison may provide public protection.

Answer 29

• ‘Whole life’ sentences keep offenders permanently off the streets
• Prisoners serving indeterminate sentences can be kept in jail for as long as they are deemed a danger to the public
• There has been a trend towards longer sentences, so the public remain protected from offenders for longer. This includes mandatory minimum sentences, e.g. for a third drug trafficking or burglary offence
• Most prisoners are released on licence and under supervision. If they become a danger to the public during their licence period, they can be recalled to prison

Question 30

Why might prison be a ‘school for crime’?

Answer 30

Prison can be a place where prisoners acquire skills, attitudes and contacts that lead them to offend after their release and potentially to commit more serious offences. Most prisoners are eventually released, so while prison buys the public temporary protection, it may result in greater harm later

Question 31

State one further problem of prison.

Answer 31

Keeping people in prison is very costly. Critics argue that these funds could be used to pay for other ways of protecting the public

Question 32

Reparation

Summarise how prison meets the aim of reparation.

Answer 32

One aim of punishment is for the offender to repair the damage caused by the offence, both to the victim and to wider society. Under the Prisoners’ Earning Act 2011, prisoners who are permitted to work outside of prison to prepare for their eventual release can be made to pay a proportion of their earnings towards the cost of victim support services, forcing prisoners to take responsibility for the harm they have caused

Question 33

Why might prison not meet the aim of reparation?

Answer 33

In practice few prisoners have the opportunity to earn money in this way. In general, imprisonment does little to meet the aim of reparation

Question 34

Rehabilitation

What does rehabilitation involve for offenders?

Answer 34

Changing an offender so that they no longer offend and instead lead a crime-free life

Question 35

Summarise the evidence that shows prison does not rehabilitate offenders.

Answer 35

• 48% of prisoners re-offend within a year of their release
• For those who served a sentence of less than 12 months, the figure rises to 64%
• 6,789 prisoners were recalled to prison for breaching their licence conditions in 2019

Question 36

Why are short sentences not effective for rehabilitating offenders?

Answer 36

Nearly half of all sentences are for 6 months or less. This means that there is not enough time to get to grips with long-term problems that cause offending, such as mental health issues or addiction. Short prison sentences have been found to be less effective than community sentences at reducing re-offending

Question 37

Why do many offenders struggle to get a job when they are released from prison?

Answer 37

A lot of them lack the education or skills needed: over half of prisoners have the literacy skills of the average 11-year-old.

Question 38

What opportunities are limited for prisoners?

Answer 38

Education, vocational training or meaningful work

Question 39

What percentage of prisoners are able to attend day release from prison for work or training?

Answer 39

0.5% (less than 400 a month) get the opportunity to undertake in work or training and improve their future job prospects

Question 40

What are the limitations to prison courses which address offending behaviour?

Answer 40

There is a shortage of places on courses that address offending behaviour, such as anger management programmes. Many prisoners on indeterminate ‘public protection’ sentences remain in prison due to a lack of programmes that could address their violent behaviour

Question 41

Community sentences

When are community sentences imposed?

Answer 41

Imposed for offences which are too serious for a discharge or a fine but not so serious that a prison sentence is necessary. A Community Order given by the court will have one or more requirements

Question 42

What are the six requirements that a Community Order may have?

Answer 42

• Supervision by a probation officer
• Between 40 and 300 hours unpaid work (Community Payback)
• A curfew or exclusion order
• A residency requirement, e.g. to live at a supervised, probation-approved hostel
• A group programme, e.g. anger management, drink-drivers etc.
• Treatment for drug or alcohol addiction (including testing), or for mental health problems

Question 43

Do community sentences meet their punishments aims?

Retribution

Summarise how community sentences meet the aim of retribution.

Answer 43

All community sentences must include an element of punishment or retribution. For example, curfews and exclusion orders restrict offenders’ movement to certain times and places. This is a form of retribution, making the offender suffer limits on their freedom. Also, those doing unpaid work have to wear high visibility vests with ‘Community Payback’ on the back. The public ‘naming and shaming’ that this involves is also a form of retribution

Question 44

Reparation

Summarise how community sentences meet the aim of reparation.

Answer 44

Reparation can include doing unpaid work to repair the damage they have caused to a victim’s property. Equally, reparation may be to the whole community through unpaid work on Community Payback, e.g removing graffiti, clearing wasteland or decorating a public building such as a community centre

Question 45

Public protection

Why do community sentences fail to meet the aim of incapacitation?

Answer 45

All sentences must include public protection as one of their aims. Because community sentences do not lock up offenders up, they do not achieve the aim of incapacitating offenders

Question 46

In what ways do community sentences offer the public protection?

Answer 46

Breaches of a community sentence can lead to the offender being sent to prison

Question 47

Rehabilitation

What do offenders usually have and what do community sentences aim to do?

Answer 47

Offenders often have multiple, complex needs such as homelessness, drug misuse, mental health problems, unemployment and educational needs. These needs are often underlying causes of offending. Community sentences may aim to rehabilitate offenders by addressing these needs. For example, they can require offenders to undergo treatment for their addiction problems, or undertake an activity such as training to improve their job prospects

Question 48

Briefly outline the evidence that community sentences are more effective at rehabilitating offenders and preventing recidivism than short prison sentences.

Answer 48

• In one Ministry of Justice study, 34% re-offended within 12 months of starting their community sentence. This compared with 64% for those serving prison sentences of less than 12 months
• The Prison Reform Trust found that community sentences are particularly effective for people with many previous offences. For those with over 50 previous convictions, re-offending is over 1/3 higher for those given a short prison sentence rather than a community sentence

Question 49

What happened to the use of community sentences between 2007 and 2017?

Answer 49

The proportion of offenders receiving Community Orders fell from 14% to 7%

Question 50

Fines

For which types of offences are fines normally given?

Answer 50

They are normally given for less serious offences and therefore are very often used by magistrates’ courts, but even with more serious (indictable), about 15% of those found guilty receive a fine

Question 51

Describe the four factors that determine the size of a fine.

Answer 51

• The offence itself - The law lays down a maximum fine for a given offence
• The circumstances of the crime - The Sentencing Guidelines give a range of options depending on whether it was a first offence, how much harm was done ETC
• The offender’s ability to pay - A poorer defendant will probably receive a smaller fine, and/or be allowed to pay in instalments
• Which court is hearing the case - For example, magistrates can only impose fines up to £5,000 (or £10,000 for two or more offences)

Question 52

Do fines meet their punishment aims?

Summarise how fines meet the aim of retribution.

Answer 52

Hitting someone in the pocket can be a good way to make them suffer for the harm they have done

Question 53

Summarise how fines meet the aim of deterrence.

Answer 53

A fine may make an offender reluctant to re-offend for fear of further punishment. As the use of fines is a common way of disposing of first offenders, fines may be used as a signal that worse will follow if they re-offend

Question 54

What may happen if an offender does not pay their fine?

Answer 54

Offenders who fail to pay their fines without good reason may face prison

Question 55

What can courts do to try and ensure they receive payment of a fine?

Answer 55

Courts can deduct fines from an offender’s benefits or send bailiffs to seize their property in the event of non-payment

Question 56

What was the value of the backlog of fines and court charges in 2019?

Answer 56

£623 million. Many of these are written off as uncollectable. This suggests that fines may not always meet their aims of punishment

Question 57

Discharges

What are the two types of discharge?

Answer 57

Conditional discharge and an absolute (or unconditional) discharge

Question 58

What is a conditional discharge?

Answer 58

Means the offender will not be punished unless they commit another offence within a set period of time determined by the court (up to three years). If they do so, the court can sentence them for both the original offence and the new one. This will result in a criminal record

Question 59

What is an absolute discharge?

Answer 59

Means that no penalty is imposed. The court may grant an absolute discharge where the defendant is technically guilty but where punishment would be inappropriate, usually because the defendant is morally blameless. It is not classed as a conviction

Question 60

When are absolute discharges normally used?

Answer 60

Normally only used for minor offences but in the Thirsk rail crash of 1892 in which ten people died, a signalman was found guilty of manslaughter but given an absolute discharge because of the very unusual circumstances of the case

Question 61

Do discharges meet their punishment aims?

Answer 61

The basic aim of discharges is deterrence. They are the lowest level of punishment and are in effect a warning as to the individual’s future conduct. In general, there is a low rate of re-offending following a discharge , especially if it was for a first offence - probably because for many first offenders, the experience of simply going to court is enough for them to mend their ways. In this respect, discharges appear to largely meet their punishment aim