Punishment & aims/factors of sentencing

What are the 3 aims of sentencing

• Punish

• Rehabilitate

• Deter

• Reparation

• Protect

What piece of legislation sets out the aims of sentencing

Section 57 of the Sentencing Code 2020

What is meant by punishment/retribution

• Offenders should face consequences

• Acts as society’s revenge

• Based on the proportionality, ensuring the punishment fits the crime

What is meant by reform/rehabilitation

• Aims to prevent reoffending

• To increase the chance of successful social reintroduction

• Forward-looking: Target the offender’s potential to socially reintegrate

• Behavioural reintegration: Offenders are supported through like drug treatment or education initiatives

What is meant by deterrence

• Aims to reduce crime by discouraging offenders and society

• Specific: Severe penalties discourage offenders from reoffending

• General: Harsh penalties serve as warnings to society to avoid committing similar crimes

• Durkeim’’s Functionalism has a theory of boundary maintenance which suggests that punishing criminal behaviour reinforces social norms and values

• Example: The 2011 London Riots sentences such as 4 years for inciting riots online acted as a deterrent for others

What is meant by reparations

• To compensate victims and society for the harm caused by the offender

• Compensation orders: Offender pays money or makes restitution to victims

• Community reparation: Offenders gives back to society (unpaid work or restorative justice programme)

• Example: Victim compensation scheme consists of financial payments to victims to help restore the harm caused

What is meant by protection of the public

• Aims to protect the public from dangerous offenders

• Dangerous individuals can be imprisoned or restricted

• Public safety first: Offenders presenting significant risks are removed from society

• Example: Dangerous driving cases consist of offenders banned from driving to protect the public

What is an aggravating factor

• Actions that make the crime worse, so the sentence is harsher

• e.g attacking an elderly person or child

What is a mitigating factor

• Factors that make the crime less serious, so the sentence is more lenient

• e.g. showing clear regret or distress about what they have done

How much is the sentence reduced by if there’s a guilty plea at the first reasonable opportunity

1/3

How much is the sentence reduced by if there’s a guilty plea after the trial date has been set

1/4

How much is the sentence reduced by if there’s a guilty plea on the date the trial starts

1/10