sentencing adult & young offenders

What are the aims of sentencing under s57 sentencing act 2020

Punishment

Deterrence

Rehabilitation

Protection of the public

Reparation (by offenders to victims)

What are the two types of deterrents

Genera - putting the general public off committing crimes e.g. London riots

Individual - putting individuals off re-offending e.g. detention centre orders

Examples of reparation

‘Restorative justice’

Paid compensation, letters of apology, unpaid community work

What are the two factors taken into account when sentencing

Aggravating factors

Mitigating factors

What are aggravating factors

Harsher sentence is more likely if:

Victim is vulnerable

Previous convictions

Breach of position of trust

Use of a weapon

Racially motivated or gang activity

What are mitigating factors

Lenient sentence more likely if:

Young defendant

No previous convictions

Early guilty plea

Showed remorse

Attempts to compensate victim

What are the 4 categories of sentences

Custodial

Community sentences

Discharges

Fines

What is stated in s230 sentencing act 2020

The court must not pass custodial sentences unless it is of the opinion that the offence was so serious that neither a fine alone nor a community sentence can be justified

Where is the maximum sentence found & example

In the relevant statute

E.g. for a section 20 offence the max is 5 years imprisonment (further 2 if racially motivated) as stated in the crime & disorder act 1998

Advantages of custodial sentences

Protection of the public from violent or sexual offenders by removing them from the general public

May act as a deterrent to others

Help given within prison - rehabilitation, drug treatments, education programmes to try and reduce the risk of reoffending

Disadvantages of custodial sentences

59% of prisoners reoffend within 2 years of release - cannot be said to effectively rehabilitate offenders

School of crime

Costs 37,500 per prisoner a year

Harsh conditions

Examples of community orders & act

Under s200 sentencing act 2020 a court can impose a community order with any requirements e.g.:

Unpaid work, curfew, supervision, drug rehabilitation

Advantages of community sentences

Benefits the community - removing graffiti

Can make amends through community work

Flexible - judges can choose the requirements of the order to fit the offender & their sentencing aims

Disadvantages of community orders

Less appropriate for protection of the public

Viewed as too lenient, many believe punishment should be tougher - some offenders will easily fall back into old habits

Requirements for implementing fines

No maximum fine in magistrates or crown

Must take into account D’s finances

Must make sure the fine reflects the seriousness of the offence as well as the offenders ability to pay

Advantages of fines

Anyone can be fined

Cause a person to give up something they have worked for

People who have received fines are less like reoffend

Avoid negatives of prison

Disadvantages of fines

Many offenders are on low income/on benefits & may struggle to pay a fine - unfair

1/3 of all fines are never paid

Inadequate punishment for violent crimes

What are the 2 types of discharge

Absolute - D is free to go

Conditional - no further action is taken unless D reoffends within a set period of up to 3 years

If D reoffends within the period he will also be sentenced for the original offence

If they don’t they will not have a record

Advantages of discharges

The offender will still have the discharge on their record so they are not treated too lightly & their guilt is still recognised

Encourage better behaviour in the future

Take into account that for some going through the court process is punishment enough

Disadvantages of discharges

May be viewed as the easy option & is unfair on victims of crime

Those given an absolute discharge do not have to comply with any conditions & may not be punished more severely if they don’t reoffend

What must the court do when sentencing young offenders

Have regard to the principle of aim of the youth justice system under s37 Crime & Disorder Act 1998

- prevention of offending

- the welfare of the offender Under s44 Children & Young Persons Act 1993

What sentences can be passed

Detention & training order

Detention for life

Referral orders

Reparation orders

Youth rehabilitation orders

What are detention & training orders

Sent to a secure centre for young people for 2 months - 4 years

An be a secure training centre, a secure children’s home

What is a referral order

Sent to a young offender panel to agree a programme of behaviour which prioritises restorative justice & prevention of reoffending

What are reparation orders

Makes reparation to the victim or the community

What are youth rehabilitation orders

Judge can choose from a list of requirements

E.g. supervision by probation, attendance centre requirements, unpaid work, drug treatment & testing