Sentencing

What is sentencing?:

• When a defendant either pleads guilty or is found guilty by magistrates or a jury, a judge passes a sentence as a form of punishment.

Aims of adult sentencing:

Sentencing Act 2020, S57:

The court must have regard to the following purposes of sentencing:
1) The punishmeny of offenders,
2) The reduction of crime (including its reduction by deterrence),
3) The reform and rehibilitation of offenders,
4) The protection of the public, and
5) The making of reparation by offenders to persons affected by their offences.

Punishment of offenders

• O deserves some form of punishment for the action they have undertaken.

• Kant: - punishment not for benefit of society/Offender, but for doing the offence.

• Main focus: O did the crime; punishment fits crime.

• Some elements of revenge (longer sentences for worse crimes) - Von Hirsch - just dessters theory.

Punnishment and Tariff sentences

• Punishment requires each sentence to have minimum term.

• Sentencing council sets out guidelines for most common crimes, starting point to maximum + aggravating/mitigating factors to consider.

• Council identifies with new guidelines whether new guideline will increase/decrease prison population - allows government to plan prison/probation services.

Deterrence

• Deterrence is the idea that youn can prevent a person from committing future crimes by making the commission of crime less attractive and making people fearful of it. There are 2 main types:

• Individual deterrence:

  • Give O a severe penalty and they won’t commit crim again.

  • See: R V Whitton (1985) - Football hooligan was given a life sentence.

• General deterrence:

  • TJ makes an example of O and gives a harsh penalty; others want to avoid this so don’t commit a crime.

  • Examples see: R V Eizait (2001) - Robbery offence - TJ sentence O to 4 years describing such offence as ‘blots on the cirt of Manchester’

  • R V Blackshaw - O posted comments on social media encouraging more riots Sentenced to 4 years.

Reform and rehabilitation:

• A foward looking aim; reduce offending ny altering O’s ways and preventing re-offending.

Pre-Sentence report

• Prepared by probation service.

• May outline reasons for O’s committing the crime.

• Report details O’s background and suitability for community sentence.

• Indicate likely response to community sentences; this is less relevant for serious offences.

Medical reports

• Highlight any medical or psychiatric problems.

• Usually undertaken by an approiate doctor.

• Courts have special powers when offenders are suffering from mental illnesses.

Defendants background

• Prior convictions.

• Responses to previous sentences.

• Whether the O was on bail at the same time of the offence.

• The financial position of O (Esp. if considering a fine).

• The sentencing council was established in 2010 to bring greater consistency and transparency to sentencing practice. It has responsibility for:

  • Developing - Developing sentencing guidelines and monitoring its use.

  • Assessing - Assessing the impact of the guidance.

  • Promoting - Promoting awareness amongst the public of the realities of the sentencing.

  • Publishing - Publishing information about the sentencing practices of Crown and Magistrates Courts.

• Judges are now bound by this guidance; the court will consider aggravating and mitigating factors.

Sentencing reductions

• Earliest opportunity - 1/3 of the sentence taken off. Unless prosecution has overwhelming evidence.

• After date trial set - ¼ of the sentence taken off.

• Door of court or after trial begins - 1/10 of sentence taken off.

• Any later - No reduction.

Aggravating and mitigating factors

• Aggravating - Increase the severity of the sentence; the offending is deemed to have been more severe.

• Mitigating - Decrease the severity of the sentence'; offending is deemed to be either less serious or potentially out of character.

Sentences

• Custodial - There is the potential for the offender to go to prison.