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