what are the aim when sentencing adult offenders Flashcards
where are the 5 aims of sentencing set out and what are they
section 142 of the criminal justice act 2003
punishment, public, rehabilitation &reform, reparations and reduction of crime
punishment
deserve punishment for acts and so aim is based on ‘eye to eye’ —> society and victims get revenge.
judgement makes sure sentence given is proportionate to the offence & so serious offences get serious sentences
e.g.—> mandatory life custodial sentence for murder
public protection
protect from dangerous offender
considers if there’s a significant risk to the public of serious harm being caused by offenders in the future
court gives custodial sentences
another method of protecting the public = home detention curfew order
offender being ordered to stay home at certain times —> up to 16 hours per day
monitored by electronic tag —>triggers an alarm if offender breaks curfew
rehabilitation & reform
reforming the offenders in order to rehabilitate them into society
forward looking aim with aim offenders behaviour will alter by penalty imposed
example —> community order with a requirement to attend anger management classes o drug & alcohol treatment programme
reparation
offenders makes amends to victim of the crime —> can be achieved by ordering offenders to pay compensation to the victim or by ordering restitution i.e—> returning stolen goods to the victim
there was also local reparation project to bring offenders & victims together —> offenders can make direct reparation to victims
reduction of crime
court uses sentencing to try lower the level of crime in the future —> reduction by defence is another method & can be individual deterrence by making an example of an offender i order to warn other offenders
severe custodial sentences will be a deterrent but also a suspended custodial sentence —> acts as deterrence as offender only goes to prison if they commit another similar offence within specific time
