Offenders

Introduction

  • Whenever a defendant is found guilty of a criminal offence, the court must impose a sentence as punishment for the wrongful behavior.

  • In the Magistrates' Courts, the magistrates will decide the sentence; in the Crown Court, the judge will decide.

22.1 Adult offenders

  • The main types of sentence that can be imposed on adult offenders are:

    • Custodial sentences

    • Community orders

    • Fines

    • Discharges

22.1.1 Custodial sentences

  • Definition: A custodial sentence is the most serious punishment that a court can impose.

  • Ranges from a short period in custody to life imprisonment.

  • Different types of custodial sentences include:

    • Mandatory life sentences: Only sentence for a murder conviction.

    • Discretionary life sentences: Can be imposed for serious offenses such as manslaughter, rape, and robbery.

    • Fixed-term sentences: For less serious crimes, with specific maximum lengths set by statute (e.g., maximum for theft is seven years).

    • Suspended sentences: Offender avoids immediate custody if they meet certain conditions; may be activated if conditions are breached.

Mandatory Life Sentences

  • Guidelines: Judges and magistrates must follow guidelines regarding appropriate sentences.

  • Mitigating factors (e.g., absence of premeditation, intention to cause grievous bodily harm rather than kill) may reduce the sentence.

  • Judges must set a minimum number of years served before eligibility for release, ranging from 12 years to a whole-life order.

Aggravating Factors for Mandatory Life Sentences

  • Factors that may increase minimum term include vulnerability of the victim (age, disability) and prior mental or physical suffering inflicted.

Whole-life Orders

  • Imposed when the sentencing judge believes the offender is too dangerous to ever be released.

  • Approximately 75 prisoners in England and Wales serve whole-life sentences.

Release on Licence

  • Minimum term (tariff) needs to be served; Parole Board decides if the offender can be safely released, considering:

    • Admittance of the crime

    • Current danger to society

    • Behavior during tariff period.

  • Conditional release may require monitoring and compliance with specific instructions (e.g., wearing a tag).

22.1.2 Community Orders

  • Imposed when the offense is not deemed serious enough for imprisonment, aimed at addressing reasons for offending and rehabilitation.

  • Criminal Justice Act 2003: Introduced a single community order that can include various requirements tailored to the offender's needs.

  • Requirements include:

    • Unpaid work requirement

    • Program requirement

    • Prohibited activity requirement

    • Curfew requirement

    • Exclusion requirement

    • Residence requirement

    • Mental-health treatment

    • Drug/alcohol rehabilitation

    • Attendance center requirement (for under 25).

Unpaid Work Requirement

  • Offender required to complete 40 to 300 hours of community service.

  • Example: Eric Cantona's community service for assault involved coaching young footballers.

Program Requirement

  • Offenders undertake educational or practical courses.

Prohibited Activity Requirement

  • Offenders may be barred from specific activities (e.g., entering certain areas or carrying particular items).

Curfew Requirement

  • Offender may be required to remain at a fixed address for a specified time.

Exclusion Requirement

  • Specific areas from which offenders may be excluded to reduce reoffending chances.

Mental Health and Rehabilitation Requirements

  • Address the underlying issues leading to criminal behavior, such as drug/alcohol abuse.

22.1.3 Fines

  • The most commonly imposed sentence in Magistrates' Courts (70% of cases); less commonly imposed in the Crown Court.

  • Amount of fine relies on the offender's income and assets.

22.1.4 Discharge

  • Conditional discharge: Offender must not commit further offenses for a specified period (up to 3 years).

    • If reoffending occurs, a new sentence may be imposed.

  • Absolute discharge: No penalty is imposed, typically for morally blameless, technically guilty offenders.

22.1.5 Factors in Sentencing

  • Judges/magistrates consider both aggravating and mitigating factors prior to sentencing.

  • Aggravating factors: Increase the sentence (e.g., prior convictions, severity of the crime).

  • Mitigating factors: Decrease the sentence (e.g., absence of prior convictions, showing remorse).

  • Pre-sentence reports from the probation service provide essential details regarding the offender's background and suitability for community-based sentences.

Medical Reports

  • Requested where offenders have psychological or medical issues that may influence sentencing.

Sentencing Guidelines

  • Sentencing Council, established in 2010, aims for consistency in sentencing practices.

  • Council develops guidelines that must be adhered to, ensuring judges only depart from them in interests of justice.

Reduction of Sentence for Guilty Plea

  • Reductions based on timing of plea:

    • Up to one-third reduction for guilty plea at first opportunity,

    • 20% for overwhelming prosecution evidence.

Previous Convictions and Background

  • Previous convictions serve as aggravating factors and may affect the leniency of subsequent sentences.

22.2 Young Offenders

  • Defined as offenders under the age of 21, varying restrictions exist for ages under 18, under 16, under 14, and under 12.

  • Similar sentences available to young offenders as adults, but custodial sentences are generally a last resort.

22.2.1 Custodial Sentences

  • Detention at Her Majesty's Pleasure: For offenders aged 10-17 convicted of murder, with a minimum of 12 years.

  • Detention for serious crimes: If convicted of crimes warranting a 14-year adult sentence or certain serious offenses, young offenders face longer detention.

  • Young Offender Institutions: Offenders aged 15-20 may be sent to these institutions.

22.2.2 Community Orders

  • Youth Rehabilitation Order: Designed for offenders under 18 to last up to three years.

    • Follows principles of adult community orders, can include a mix of requirements:

    • Activity requirement

    • Supervision requirement

    • Unpaid work requirement (for 16-17 years)

    • Prohibited activities/residence requirements

22.3 Aims of Sentencing: Adult Offenders

  • Section 142 of the Criminal Justice Act 2003: Outlines purposes of sentencing for offenders aged 18 and over, including:

    • Punishment

    • Reduction of crime

    • Reform and rehabilitation

    • Public protection

    • Reparation to victims

22.3.1 Punishment of Offenders

  • Known as retribution; deserved penalty for committing a crime. Based on views from philosophers like Kant, suggesting punishment is justified on its own merit.

22.3.2 Reduction of Crime Including Deterrence

  • Individual Deterrence: Ensuring offenders are discouraged from reoffending due to fear of punitive consequences.

  • General Deterrence: Aimed at preventing crime in society through the imposition of penalties.

  • Critiques: Deterrence assumes conscious consideration of risks before offending, which isn’t often the case.

22.3.3 Reform and Rehabilitation

  • Focus on reform of offenders for future societal reintegration. Important in reducing repeat offenses, necessitating support services.

22.3.4 Protection of the Public

  • Custodial sentences protect public by removing an offender from society. Considerations include duration of protection and conditions of early release.

22.3.5 Making Reparation

  • Offender may be ordered to compensate victims financially or through community service.

    • Compensation may involve returning stolen property as part of justice.

22.4 Aims of Sentencing: Young Offenders

  • Aimed primarily at reformation and rehabilitation; youth offenders dealt with uniquely in the custodial system to avoid unnecessary criminalization.

  • The welfare of the child is prioritized, focusing on rehabilitation over punitive measures. Conditions of sentencing consider young offenders' maturity and circumstances.