Sentencing

sentencing examples

summary offences (magistrates court): common assault, drunkenness and disorderly conduct, driving without insurance

triable either way: fraud, burglary possession of controlled drugs

indictable: manslaughter, robbery, possession of a firearm

aims o sentencing

• s.57 Sentencing Code 2020 outlines the aims of criminal courts:

  • punish

  • rehabilitate

  • deter

  • reparate

  • protect

punishment and retribution

• based on the principle of punishment, the offender deserves to face consequences of their wrongdoing

key concepts:

• acts as society’s revenge for the offence

• based on proportionality, ensuing the punishment fits the crim

• tarif sentences (prisons) are commonly used, aligning the sentence with the severity of the crime

reform and rehabilitation

• focuses on helping the offender reform to prevent future reoffending

key concepts:

• forward looking: targets the offenders potential to change and reintegrate into society

• behavioural rehabilitation: offender’s are supported through program like drug treatment or education initiatives

Deterrence:

• to reduce crime by discouraging offenders and society from committing offences

key concepts:

• individual deterrence: severe penalties to discourage offenders to reoffend

• general detterence: harsh sentences serve as warnings to society to avoid committing similar crime

  • 2011 riots: sentences such as 4 years for inciting riots online

Reparation

• to compensate victims and society for the harm caused by offenders

key concepts:

• compensation orders: offenders pay money or make restitution to victims

• community reparations: offenders give back to society (un paid work)

i.e victim compensation scheme: financial payments towards victims

protection of the public

• aims to protect the public from dangerous offenders

key concepts:

• make dangerous individuals can be imprisoned or restricted

• public safety first: offenders presenting significant risk are removed from society

i.e dangerous drivers being banned

Factors in sentencing: aggravating factors

• factors that make the crime worse meaning the sentence given is more severe

• ie a vulnerable victim, use of a weapon, racial motivation, no remorse, previous related convictions

Factors in sentencingL mitigating factors

• factors make the crime less serious meaning the sentence given is more lenient

• ie offender has no previous convictions, they cooperated with police, early guilty plea

mitigating factors reduce the severity of the sentence as they suggest the offence or offenders culpability is less serious

earliest guilt. please:

• at the first reasonable opportunity: reduces sentence by 1/3

• after a trial date is set: reduces sentence by ¼
  on the day the trial starts: reduces sentence : 1/10

types of sentencing; custodial

• most severe form of punishment involving the offender being sent to prison

• imposed when the offence is so serious that no other sentence would be appropriate or when public protection is a significant concern

types of custodial sentences

• mandatory life: for under the court must impose a life sentence (15 yrs minimum)

• discretionary life sentence: imposed at the courts discretion for serous offences such as rape or manslaughter

• life sentences for second listed offence: for offenders with a previous conviction for a schedule 15 offence

• fixed term/ determinate sentence: a specific prison term with potential release on licence before completion

• extended determinate sentence: for violent, sexual or terrors related offences, public by extending th offenders time in prison or supervision

• suspended sentence: prison sentence is suspended and served in the community under strict conditions, if breached the offender will server the custodial sentences in prison

types of sentencing community orders:

• are alternative to prison, designed to rehabilitate offenders and prevent reoffending

• include requirements that tailor the punishment to the offender’s needs and the seriousness of the crime

ie

unpaid work, curfew monitoring

types of sentencing: fines

• a financial penalty determined bu the offender’s income and severity of the offence

• serve as both punishment and a form of paying back for the crime

types of sentencing: compensation orders

• require the offender’s income to compensate the victim for:

person injury

damage or loss of

• are particularly aimed at addressing the harm caused to victims

types of sentencing: discharges

• are imposed for minor offences where punishment is considered unnecessary

conditional discharge: no immediate punishment is imposed, however if another offence is committed in a specific period may be charges for that offence plus the previous one

absolute discharge: no further action is taken, offence deemed too minor to warrant punishment

offences and maximum sentence

• common assault: 6 months imprisonment

• being drunk and disorderly: level 3 fine (£1,000)

• driving without insurance: fines, points on license, disqualification from driving

• fraud: 10 yrs in prison

• possession of controlled drugs: A = 7 years , B = 5 years, C = 2 years

• manslaughter: life imprisonement

• robbery: life imprisonment

• possession of a firearm: 10 yrs imprisonment