Sentencing
Aims
Deterrence
Rehabilitation
Retribution
court will consider aggravating and mitigating factors
The punishment fits the crime
The court will refer to sentencing guidelines provided for each offence such as for ABH it can go up to maximum 5 years imprisonment for serious offences
during the London riots looters were given harsh sentences such as 6 months for stealing a pair of trainers.
harsh sentence to deter either the individual or society at large
deterrence fails to consider spur of the moment crimes
these aim to reform the offender and prevent them from re-offending
use individualised sentences. the probation service and Youth offending team do this
they use: group therapy eg anger management, drug treatment to stop addiction.
the court will apply community orders under the criminal justice act 2003 to try prevent re-offending.
Protection of the Public
death penalty in america or electronic tagging in uk
usually violent and serious crimes
mainly to prevent re-offending
Reparation
Compensating the victim of the crime
a compensation order in an assault case which should be given in most cases according to the Powers of Criminal courts (sentencing ) act 2000
Denunciation
society itself denounces certain types of behaviour
reinforces moral boundaries such as the perception of the public on drink driving
Custodial sentences
Only for serious offences, s152 Criminal Justice act 2003 custodial only if a community order isn't justifiable (only violent or sexual nature)
Mandatory life sentence
Usually murder convictions
A life sentence m (ust be given by the judge
Discretionary life sentence
Usually manslaughter, rape, robbery etc
up to judges discretion when passing sentence
Extended Sentence
s85 Powers of the Criminal Courts (sentencing) act 2000
given a custodial sentence and a period after (liberty on licence) and if they reoffend they can be imprisoned again
maximum 10 years for a sexual crime and 5 for violence
Suspended sentence
up to 2 years (6 months at magistrates) sentence is only taken into effect if reoffend
Community orders (mix&match)
Unpaid work
Prohibited activity
Rehabilitation order
Supervision order
Whole life term - Mark Bridger - Ian Huntley
Fines
Based on financial stabilty
70% given in Magistrates
Discharges
Conditional- up to 3 years
Absoloute- you go free
10% discharges in Magistrates 2% in Crown Court