AC2.3 how forms of punishment meet the aims of punishment

when are custodial sentences used + stat

• used for the most serious offences & (under the Criminal Justice Act 2003) should only be used where awarding a fine or community sentence could not be justified & when the public must be protected - half of the prisoners in the UK were convicted of sexual or violent offences

~ there are more than 85,000 prisoners in about 160 prisons in the UK

what are the types of prison sentences

• mandatory life

• discretionary life

• imprisonment for public protection (IPP’s)

• determinate

• suspended

what are mandatory life sentences

a life sentence is mandatory for murder & sometimes are given a ‘whole life tariff’ - offender will never be released from prison, e.g. Wayne Cousins1

what are discretionary life sentences & when are they used

indeterminate sentence given for serious offences, such as rape & GBH with intent

are are imprisonment for public protection sentences

a set minimum amount of time an offender must serve before being released from prison - up to the parole board to decide if they are still a danger to society or if they can be released

ruled unlawful by European Court of Human Rights in 2012, there were still around 2,600 IPP prisoners in 2018

what are determinate sentences

a sentence with a fixed length - usually don’t serve the whole sentence in prison

. under 12 months - normally released half way through

. less than 2 years - half in prison & half on licence

what are suspended sentences & when are they used

instead of serving time in prison, the offender will be asked to adhere to requirements set by the court, e.g. drug treatment, if they do not follow these or commit any further offences during the suspension period (up to 2 years) the court can send them to prison to serve their original sentence - given to those who’s sentence would have been less than 12 months

does imprisonment meet the aim of retribution

~ prison punishes people for their crimes by taking away their freedom & imposing unpleasant living conditions on them

~ it’s difficult to say whether imprisonment gives offenders their ‘just deserts’ - how do we decide exactly what length of sentence fits with the crimes?

~ society disagrees about whether sentences are too long, or too short & about which offenders deserve prison

does imprisonment meet the aim of deterrence

~ high reoffending rates from ex-prisoners, suggests that prison is not an efficient deterrent for many

~ half of adult prisoners are re-convicted within a year of being released

~ deterrence only works if offenders can think & act rationally - many offences are committed under the influence of drugs or alcohol - many offenders are poorly educated or have mental health problems - in these circumstances, they may not carefully consider the risk of being sent to prison/the likely sentence

does imprisonment meet the aim of public protection

~ protects the public by taking offenders out of circulation, but they can harm themselves, other inmates, or staff

~ whole life sentences - keep offenders permanently off the streets

~ most prisoners are released on licence under supervision - if they become a threat to the public during their licence period, they can be recalled back to prison

~ prisoners serving indeterminate sentences can be kept in prison for as long as they are deemed a danger to the public

~ however, keeping prisoners in prison is costly

does imprisonment meet the aim of reparation

~ under the Prisoners Earnings Act 2011, prisoners who are permitted to work outside of prison to prepare for their eventual release can be made to pay a portion of their earnings towards the cost of the victims support services - forcing prisoners to take responsibility for the harm they have caused

does imprisonment meet the aim of rehabilitation

~ 48% of prisoners reoffend within a year of their release

~ short sentences - half of sentences are 6 months or less, meaning there is not enough time to get to grips with long-term problems that cause offending - seen as less effective at reducing reoffending than community sentences

~ education & training - even for prisoners with longer sentences, opportunities to deal with the causes of their offending & prepare them for a crime-free life are often limited

only a quarter of prisoners have a job to go to on release - may lack the education or skills needed

opportunities for education, vocational training, or meaningful work are limited - release on temporary licence can allow prisoners to work out of prison of day release - fewer than 400 a month get this opportunity

~ shortage of places on courses that address offending behaviour (anger management programmes), many prisoners on indeterminate sentences remain in prison due to a lack of programmes that could address their violent behaviour

what are community orders & examples

imposed for offences which are too serious for a discharge/fine but not so serious that a prison sentence is necessary

a community order given by the court will have one or more requirements, such as:

• supervision by probation officer

• 40-300 hours of unpaid work (community payback)

• curfew or exclusion order

• residency requirement order

• treatment or drug/alcohol addiction or mental health problems

do community sentences meet the aim of retribution

~ curfews & exclusion orders restrict offenders movements to certain places & times - makes the offender suffer limits on their freedom

~ those doing unpaid work have to wear high visibility vests with ‘community payback’ on the back - involves public ‘naming & shaming’ which is a form of retribution

do community sentences meet the aim of public protection

~ since community sentences do not lock offenders up, away from the public, they do not achieve this aim

~ but, breaches of a community sentence can lead to the offender being sent to prison

do community sentences meet the aim of reparation

~ unpaid work helps to repair the damage they have caused to a victims property, e.g. removing graffiti

do community sentences meet the aim of rehabilitation

~ offenders often have multiple, complex needs (homelessness, drug/alcohol misuse, mental health problems, unemployment, education) that are often the underlying causes of their offending

community sentences can address these needs - e.g. require offenders to undergo treatments for their addiction problems

~ studies have shown that community sentences are more effective at rehabilitating offenders & preventing recidivism than short sentences:

. 34% reoffend within 12 months of starting their community sentence, compared to 64% of those serving prison sentences of less than 12 months

. those with over 50 previous convictions, reoffending is over 1/3 higher for those given a short sentence rather than a community sentence

~ despite this, the use of community sentences has declined - between 2007 & 2020 the proportion of offenders receiving community sentences fell from 14% - 7%

when are fines used & what does the amount depend on

given for less serious offences, but 15% of those found guilty of indictable offences receive a fine

size of the fine depends on:

• the offence itself - the law lays down the max fine for a given offence

• the circumstances of the crime - sentencing guidelines give a range of options depending on whether it was a first offence or how much harm was caused

• the offenders ability to pay - a poorer defendant will probably receive a smaller fine, &/or be allowed to pay in instalments

do fines meet the aim of retribution

~ making people pay money that they’ve worked for can be a good way to make them suffer for the harm they have done

do fines meet the aim of deterrence

~ may make an offender reluctant to reoffend for fear of further punishment

~ as fines are typically used for first offences, they may be used as a signal that worse will follow if the reoffend

• offenders who fail to pay their fines without good reason may face jail time, the courts can also deduct fines from an offenders benefits or seize their property

~ many fines go unpaid - by 2019 the backlog of unpaid fines & court surcharges reached £623 million - many are written off as uncollectable

when are discharges used & what are the 2 types

given when the court finds someone guilty of a minor (usually first-time) offence but decides not to hand down a criminal conviction

~ conditional discharge - the offender will not be punished unless they commit another offence within a set period of time (up to 3 years) determined by the court. if they do so they can be sentenced for both the original & new offence - results in a criminal record

~ unconditional discharge - no penalty is imposed - granted where the defendant is guilty but is morally blameless

do discharges meet the aim of deterrence

~ acts as a warning as to the individuals future conduct

~ low rate of reoffending following a discharge, especially if it was a first offence - the experience of simply going through to court is enough for them to mend their ways