sentencing

Which act lays out the aims of sentencing?

Criminal Justice Act 2003
s.142 for 18+

What are the 6 aims of sentencing

1. Retribution

2. Protection of the public

3. Deterrence

4. Rehabilitation

5. Reparation

6. Denunciation

Retribution

• Punishment for rule-breaking

• focusing on proportionality to the offence. 

• Sentences: Custodial sentences, fines

Protection of the Public

• Safeguards the community from dangerous offenders. 

• Sentences: Imprisonment, restriction orders

Deterrence

• Discourages crime for individuals and society. 

• Sentences: Custodial sentences, fines

Rehabilitation

• Aims to reform offenders

  • to prevent re-offending

• Sentences: Community service, rehabilitative programmes

Reparation

• Compensates victims for harm caused. 

• Sentences: Restitution orders, community payback

Denunciation

• Society's disapproval of criminal behaviour. 

• Sentences: Heavy fines, driving bans

What is the first factor the court will take into account when sentencing?

Normal Tariff for the Offence

What does the ‘Normal Tariff for the Offence’ mean?

• Consideration of the maximum sentences based on the offence type:

  1. summary

     • assault + battery = max sentence 6 months

  2. triable either way

     • ABH + GBH s20 = max sentence 5 years

     • theft = max sentence 7 years

  3. indictable

     • mnsl + robbery = max sentence life

     • murder = min sentence life

What is the second factor the court will take into account when sentencing?

Factors Relevant to the Offence & Offender
CJA 2003

What is the first type of ‘Factors Relevant to the Offence & Offender (CJA 2003)’

• Aggravating Factors (increase seriousness): 

  • Use of a weapon 

  • Joint enterprise (gang involvement) 

  • Racially motivated offence 

  • Planned attack 

  • Lack of remorse 

  • Vulnerability of the victim 

What is the second type of ‘Factors Relevant to the Offence & Offender (CJA 2003)’

• Mitigating Factors (decrease seriousness): 

  1. Severe provocation 

  2. Spur-of-the-moment action 

  3. Good character

  4. no previous convictions

  5. Genuine remorse

  6. Assistance to police 

  7. Early guilty plea 

What is the third factor the court will take into account when sentencing?

Pre-Sentence Report

• Prepared by probation service for offenders facing prison

• Details:

  • family life

  • financial status

  • previous convictions

What is the fourth factor the court will take into account when sentencing?

Medical Report

• Requested for offenders with medical/psychiatric issues. 

What is the fifth factor the court will take into account when sentencing?

Financial Situation

• Influences the level of fines imposed. 

What are the 9 types of sentences?

1. Custodial Sentences

   • Life

     • Mandatory Life Sentence

     • Discretionary Life Sentences

   • Fixed Term Sentences

   • Suspended Sentence

2. Community Sentences

3. Fines

4. Discharges

5. Other Powers of the Courts

Custodial Sentences

• Imposed only when the offence is so serious that neither a fine nor community service suffices. 

• Applicable to those aged 21 and over

Mandatory Life Sentence

• Required for murder. 

• Judge determines minimum years to serve. 

Discretionary Life Sentences

• For serious offences (e.g., s18 GBH, robbery, manslaughter). 

• Maximum sentence is life, but judges can impose lesser sentences when warranted. 

Fixed Term Sentences

• Length varies based on the crime and the offender's record. 

  • ABH: Max 5 years 

  • Theft: Max 7 years 

  • Assault/Battery: Max 6 months 

Suspended Sentence

• May be suspended for up to two years. 

• No immediate prison time unless re-offending occurs within the suspension period. 

Community Sentences

• Imposed under the Criminal Justice Act 2003. 

• Can include various requirements:

  • Unpaid work (40-300 hours) 

  • Curfew 

  • Drug/alcohol rehabilitation 

  • Supervision order (weekly sessions with a probation officer) 

Fines

• Rarely used in Crown Court due to seriousness of offences. 

• Unlimited fines in Magistrates' Court

  • related to Ds ability to pay. 

• Many fines go unpaid, leading to short prison sentences.

Discharges

• Conditional Discharge

  • Guilty but no immediate penalty

  • warning against re-offending for up to three years. 

• Absolute Discharge

  • No penalty or conviction

  • for technically guilty offenders who are not blameworthy

  • but remains on record for one year. 

Other Powers of the Courts

• Driving bans

• Compensation orders

• Forfeiture orders.