Chp 12 sentencing

Traditional theories gunderlines are based on

Retribution

Deterrence

Prevention

Rehabilitation

What does the criminal justice act 2003 require judges to regard following sentencing?

Punishment of offenders

The reduction of crime (including its reduction by deterrence)

The reform and rehabilitation of offences

The protection of the public

The marking of reparation by offenders to persons affected by their offences

Retribution

Idea based on revenge

Demand Is seen in tabloid press

All punishment technically has this offence

Retribution can be part of the idea behind punishment, but not always the major principle

The criminal justice act 2003 starts with the principle of punishment and adds in idea of reparations which include compensation e.g paying for damage

Deterrence

Can be an individual deterrent (designed to make the offender not wish to reoffend for fear of suffering worse fate)

Can be general deterrence prospect of potential punishment dissuades most people from offending

Also thought that major deterrent is being caught so better policing will help reduce crime

Prevention of crime

Works to protect the public. E.g offenders in prison so cannot reoffend.

All sentences aim to prevent crime by demonstrating the bad effect of conviction but could be argued that criminal conviction tends to lead to other convictions as employers are less willing to employ an exoofender

Rehabilitation

Involves offereing offender help to overcome problems that he faces thereby attempting to make it easier to avoid future offending.

Can be seen as curing the crime

Most of rehab is concerned with providing offender with the skills to cope with life e.g anger management course

Have an individual sentence rather than a fixed tariff.

Maximum penalty ?

Whilst most sentences have a maximum set by law, some have a fixed penalty and there are also minimum sentences

Types of sentence

Custodial -imprisonment

Community ( immunity rehab order)

Financial fine

Discharge found guilty but no further action

Other e.g driving ban

Custodial

Most serious offence

Can be imposed if offence is so serious that neither fine nor community sentence can be justified

Sentence represents the maximum amount of time that the offender will remain in prison.

Can be suspended meaning will not take place until there is a subsequent offence within a given period

Community

Concentrated on making sure that the person does not commit more offences

Can be tailor made for the individual

Combines punishment with changing offenders behaviour and making amends

Examples of community sentences

Compulsory unpaid work-up to 300 hours on local community projects aimed at changing behaviour

Curfew -wear a tag

Exclusion from certain areas for a period of up to 2 years may be a tag

Residence requirement mus5vreside at a specified place

Drug treatment and testing

Alcohol treatment

Supervision -attend appointments with and offender manager from probation service

Attendance court cab direct an offender to spend a total of 12-36 hours at attendance centre

Prohibited activity requirement

Mandatory life sentences

For murder judge can only prescribe a life sentence but is allowed to decide on minimum number of years imprisonment. Minimum term is now governed by the criminal justice act 2003. Starting points range from full life down to 12 years.

Financial

Criminal fines are a simple penalty

Can be a fixed penalty or subject to statutory maximum for the offence

Courts most frequently used penalty

M’s can impose maximum of £5000 assum8mg less than statutory minimum

Compensation orders sometimes made payable to victim

Discretionary life sentences

For other serious offenses such as an offence under the offenses against the person act 1861 the mac sentence is life imprisonment but judge does not have to impose it. Judge has discretion in sentencing and can give lesser sentences.

Fixed term sentences

Length of sentence will depend on multiple factors including maximum sentence available seriousness of crime and defendants previous record. Prisoners dont serve whole of sentence , anyone sent to prison is automatically releases after they have served half of the sentence. Only offenders aged 21 and over can be given a sentence of imprisonment.

Discharge

2 types of

Absolute- court takes no further action but will appear on crimm record

Conditional-convicted without sentence on condition that they do not reoffend within a certain period of time 6m-2yrs. If commit another offence court can look at old and new offence.

Victim surcharge

When court passes a sentence a relevant surcharge is paid. This funds victim and witness general charge.

How the court selects a sentence

Once a defendant has been found guilty courts function is to impose the appropriate sentence. At this stage all the defendants previous convictions will be made available and a pre-sentence report will be required for more serious offenses. Report is prepared by probation service. They will be told how serious they consider the offense is and the purpose of the sentence.

To compile the report an officer from the probation service will interview the defendant. Court will tell the service when they wish to receive the report. D will be either remanded in custody or bailed.

A pre-sentence report will look at the reasons why the person committed the offense, their attitude towards it and to any victims and any other factors that affect their blameworthiness. Aggravating and mitigating factors

Report will also include an assessment of the offenders risk of harm and of reconviction.

Agregating factors

Aggregating factors things that make the offense worse And therefore deserving of a harsher sentence

Previous convictions

Use of a weapon

Seriousness of consequences

Racially motivated

Mitigating factors

Make the crime less bad and lead to a more lenient sentence.

No previous convictions

Pleading guilty at first and nit wasting court time

Evidence of remorse or provocation

Cooperation with the police.

Retribution definition

Imposing a punishment because the other deserves punishment

Deterrence definition

Punishment aimed at putting defendant off re-offending because of fear of punishment or preventing other potential offenders from committing similar crimes.

Réhabilitation définition

Trying to alter d’s behaviour so that they will conform to community norms and not offend in the future.

Reformation

Trying to reform the offenders behaviour sop that they will not offend ion the future

Reparation

Where an offender compensates a victim or society for the offending behaviour

Denunciation

Expressing societies disapproval of an offenders behaviour.

Tarif sentences