Sentencing and court powers

What act sets out the aims of sentencing:

The Criminal Justice Act 2003

What are the aims of sentencing:

• Punishment

• Reduction of crime

• Rehabilitation

• Protection

• Reparation

Aim of punishment:

• Retribution for wrongdoing, “Let the punishment fit the crime”

• Based on proportionality or ‘just desserts’

• The Sentencing Council provides guidelines on tariff sentences to reflect the aim of proportionality

• It also contains an element of denunciation - Society’s outrage at the offence

Aim of Reduction of crime:

• Involves both deterrence and rehabilitation

• Deterrence has two types - Individual and General

What is individual deterrence?

• Aimed at a particular offender to put him off re-offending

• This is done by a very severe sentence or by threat of imprisonment (E.G suspendend sentence)

What is General Deterrence?

• Aimed at putting society off of committing crimes by exemplary or minimum sentences.

• These are not concerned with fairness, can be harsher than the usual tariff.

• They can lead to injustice, for example very severe sentences for the theft of phones on street.
  

Aim of Rehabiliation:

• Aims to reform the offender to stop them re-offending.

• Focused on the long-term and seeing potential in the offender.

• Now accepted that custodial sentences only have very limited rehabilitative effect.

• Community orders are more likely to be used.

Aim of Protecting the public:

• By preventing the offender from re-offending

• Uses curfews and custodial sentences

Aim of reparation:

• Considers the victim when sentencing the offender

• Compensation orders are used to make amends

What factors are taken into account during sentencing:

• Aggravating factors - make it more severe

• Mitigating Factors - make it more lenient (E.G D shows remorse)

• The seriousness of the crime

• Antecedenets (Background) of the offender

• Motive

• Early guilty plea (Can reduce sentences by a 1/3)

• Sentencing guidelines/tariff

What are the two types of sentence?

Custodial and community

What two acts are used for types of sentence?

The Criminal Justice Act 2003 and the Crime and Disorder Act 1998

Custodial Sentences:

• MANDATORY LIFE SENTENCE - The only sentence available for murder if D is over 18. A minimum term must be served before release on license can be considered. Guidelines are set out in CJA 2003

• DISCRETIONARY LIFE SENTENCE - For other serious offences, the judge has the discretion to impose a lesser sentence.

• FIXED TERM SENTENCES - Have an automatic release after the half sentence is served.

• HOME DETENTION CURFEW - Early release from Prison on a curfew

• EXTENDED SENTENCES - Custodial sentences up to the maximum for the crime followed by an extension period on license

• MINIMUM SENTENCES - For dealing with Class A drugs or a third burglary of a residential building

• SUSPENDED SENTENCE - Lasts 21-58 weeks suspended for up to two years. Only served if offender commits further offences.

Community Sentences:

• This follows a generic “Community Order” under Criminal Justice Act 2003.

• It includes a range of 12 requirements for offenders over 18.

Examples of requirements in the CJA 2003’S Community Order:

• Unpaid work in the community (40-300 hours)
  

• A supervision requirement - Put under supervision of a Probation officer

• A Drug Treatment and Testing requirement

• A curfew requirement - Offender has to be in a specific place for certain number of hours a day.

How are fines used in the Magistrates and Crown Courts?

Fines are unlimited in the Crown but are limited in the Magistrates.

What other two types of sentences can you get?

• Absolute and conditional discharges.

• Disqualification from driving is also an option for motoring offences.