Sentencing

S142 of the Criminal Justice Act

Sets out the purposes of sentences for those 18 and over

Deterrence

The attempt to discourage criminality through the use of punishment

Reparation

Making amends for something one did wrong that caused harm to another person or led to loss.

Retribution/Punishment

punishment inflicted on someone as vengeance for a wrong or criminal act

Protection of the public

Ensuring community safety from offenders.

Reform and Rehabilitation

Focus on changing offender behavior positively.

Denunciation

Public condemnation of someone or something

How much powers do the Crown Courts have when sentencing?

Unlimited

For how long can The Magistrates Court send a person to prison for?

12 months

Fines

Payment of a specified amount of money as a penalty for committing a crime

Level One fine

Maximum £200

Level Two Fine

Maximum £500

Level Three Fine

Maximum £1000

Level Four Fine

Maximum £2500

Level Five Fine

Unlimited

Custodial Sentences

A type of sentence where the offender is required to serve time in prison.

Mandatory Life Sentences

A type of sentence where the offender must serve a life term without the possibility of parole for certain serious crimes.

Discretionary Life Sentences

A type of life sentence where the judge has the discretion to impose a life term based on the circumstances of the crime.

Fixed Term Sentences

A sentence that specifies a set period of time that the offender must serve in prison.

Suspended Sentences

A sentence that is not immediately enforced; the offender may avoid serving time if they comply with certain conditions.

Community Service

A sentencing option that requires offenders to perform unpaid work for the benefit of the community as a form of restitution.

What is the range of community service hours for offenders?

Between 40 and 300 hours

What is a requirement for offenders aged 16 and over?

Curfew and prohibited activity

Sentencing Factors

The offence, Sentencing guidelines and the Offender's background

Aggravating Factors

Conditions or components that make a criminal act more serious.

Mitigating Factors

Circumstances that decrease the severity of the sentence

Guilty plea

One third reduction at first reasonable opportunity; a tenth for guilty plea after trial has started.

Requirements for guilty pleas

Must be knowing, voluntary, and intelligent; the defendant must understand the charge and consequences.

Defendant representation

The defendant must be represented by an attorney.