CRIMINAL- SENTENCING

s142 Criminal Justice Act 2003 outlines five main aims of sentencing:

  1. retribution: This is a way of punishing the offender and ensuring an element of blame lies with them. R V COONAN: Yorkshire Ripper- given a very rare sentence of ‘whole life tariff’

  2. deterrence: This is where either the individual offender is deterred from offending again (individual deterrence), prison sentences, fines etc. Or general society is deterred from offending because an example has been made of the offender (general deterrence), showing others what the consequences are. Courts typically give ‘harsher sentence’, R v CARTER AND ORS: sentence given for relatively minor theft offences during London Riots, sending message it wasn’t acceptable.

  3. protection of society: This is where the sentence given will protect the public from the offender. almost 60% of prisoners who serve under 12 months, reoffend.

  4. rehabilitation: This is where the offender is given a sentence which will rehabilitate their behaviour and stop hem from offending agin

  5. reparation: This means paying back to society what you have taken away, in the form of compensation or unpaid work. R V BARCI: sentence reduced after D genuinely offered to take part in restorative justice

SENTENCING POWERS

Magistrates Court

  • £5,000 fine (or unlimited in some case)

  • 6 months imprisonment

  • Youth Detention and Training Order up to 2 years

Crown Court

  • unlimited fine

  • maximum life imprisonment

ADULT SENTENCING

Aim: primary aim is to punish the offender and protect society

Court disposals

  • absolute discharge

  • conditional discharge

  • fine

  • suspended sentence

  • community order

Custodial sentences

  • determinate sentences

  • indeterminate sentences

  • mandatory life sentences

  • whole life orders

Out of Court Disposals

  • penalty notice for disorder

  • conditional cautions

  • cautions

FACTORS

aggravating factors- negative- harsher sentence

mitigating factors- positive- lighter sentence

Aggravating

  • main a.f is how serious, of its type, was the offence?

S63 SA 2020 gave as examples:

  • previous convictions

  • was d on bail

  • any religious/racial element involved

  • hostility to disability or sexual orientation involved

Each offence carries a.g for court to consider.

  • e.g assault, was offender at of a group attacking V; or theft, how much was stolen?

Mitigating

examples include

  • d co-operating with police

  • mental illness of d

  • physical illness of d

  • no previous convictions

  • genuine remorse

  • financial situation

  • if pleads guilty- sentence likely to be reduced

  • the earlier the guilty plea entered, the more time will be deducted from the sentence

sentencing guidelines on above are

  • guilty plea at first opportunity = one third of sentence deducted

  • guilty plea once trial has actually started= one tenth of sentence deducted