Sentencing and court powers

mitigating factors

(reasons why D should be punished less severely),

aggravating factors

(reasons why D should be punished more severely).

5 aims of sentencing

Punishment - society’s revenge for offence

Reduction of crime (Deterrence) - indiviudal aims to put particular offender off reoffending - general puts society off with exemplary sentences

Reform and Rehabilitation - try to reform offender to stop them reoffending

Protection of the public - preventing offender from reoffending

Reparation - compensating victim of crime

Factors in sentencing

the seriousness of the crime

the offender’s background

motive

early guilty plea (this may reduce the sentence by up to a third)

sentencing guidelines / tariff.

Aggravating factors include...

previous convictions for similar offences

use of a weapon

repeated attacks

Mitigating factors include...

Pleading guilty at the first opportunity reduces a sentence by one third

The offence is D’s first

D is very young or old

Types of sentence

Custodial sentences (imprisonment)

Community orders

Financial sentences

Discharges

Custodial sentences (imprisonment)

Suspended prison sentences - if offender given sentence of up to 2 years - judge can or magistrates can choose to suspend sentence for period of up to 2 years - offender never goes to prison if they do not reoffend during these 2 years

Fixed term (determinate) sentences - Imprisonment for a set number of months or years. serious crimes require offender to serve at least two-thirds of sentence

Life sentences - minimum term an offender must spend in prison is specified

Community orders

unpaid work

prohibited activity or exclusion requirements

rehabilitation activity requirement

drug/alcohol/mental health treatment

curfews or residence requirements

Financial sentences

most common type - for lower-level crimes - amount is set by the court after considering the seriousness of the offence and how much money the offender can pay. - paid to state

Discharges

absolute - effectively, no penalty is imposed. The court decides not to impose a punishment because the experience of going to court has been punishment enough.

conditional - court discharges an offender on the condition that no offence is committed during a set period of up to 3 years. If the offender commits another crime, they can be sentenced for the first offence and the new one.