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Sentencing, Aims of Sentencing - Coggle Diagram
Sentencing
Community Order
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Some Community sentences also achieve the aim of protection of the public. For example, Curfews can be given for up to 16 hours a day for up to 12 months and this was increased under LASPO 2012.
Furthermore, They are then monitored by and electronic tagging system and as many as 25,000 people have to be monitored. MOJ data in 2019 showed that the majority of those with electronic tags regularly breached their curfew.
However, due to advances in technology tracking offenders has improved and new location tags have replaced standard tags. These tags are more effective and the public are more effectively protected and if you don’t comply then you will be taken back to court and re-sentenced possibly with a custodial sentence.
Custodial Sentence
You can only give a custodial sentence if no other sentence is appropriate S.152 Criminal Justice Act 2003
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Custodial Sentences can act to protect society and currently around 77,000 offenders are in prison in England and Wales.
Society is protected as the offender have lost their liberty for a set period of time and they are supervised. Furthermore, The more serious the crime, the more likely the public are to be protected, for example custodial sentences are given for the most violent and sexual offences.
This is illustrated by the mandatory life sentence given to those found guilty of murder. The longest custodial sentence is a whole life tariff e.g. Peter Sutcliffe. There are 63 offenders who are serving a Whole life tariff in Prison.
However almost all prisoners are released back into society and are monitored by the Probation Service and these sentences don’t protect society in the long term which is reflected in reoffending rates, 48% reoffend with a year on release and 63% are serving a sentence of 12 months or less. But they are monitored and supported when on licence by the probation service which can protect society.
Fines
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In 2017 Thames Water were fined £20,000 for environmental pollution.
There now is no limit on the fines because of (LASPO 2012). Their ability to pay will be taken into account and also the seriousness of what they have done.
Fines are arguably designed to punish the offender but may also act as an individual and general deterrent and in this way can be seen to deter offenders from committing offences and therefore act to protect the public and 77% of all sentences in 2020 were fines.
These can be seen if you break coronavirus laws as you can be fined up to £10,000 for breaking the lockdown rules, and this would hopefully help to reduce people breaking the rules.
On the other hand, critics argue that the fines given may not act as a deterrent for everyone and these fines are then aimed to protect the public as we are trying to stop the spread of the virus.
Discharge
Discharge can be conditional or absolute. Absolute discharge is only used when maybe it’s only a first offence and its very minor.
Conditional Discharge it means that no further action will be taken against them as long as they don’t commit a further offence within 3 years, if they do commit an offence they can re convicted of the first offence and the second one
Conditional Discharges can also protect society via a deterrent factor. If the D reoffends within a specific period of time (3 years) further action will be taken.
Conditions can include keeping the peace or doing a community order. This acts to protect the public as the offender commits an offence during this period and they will return to court and be re-sentenced for the original offence.
Furthermore, to ensure public protection a discharge cannot be given to offenders who have committed serious offences which could attract 17 years or more imprisonment.
Aims of Sentencing
Punishment
Retribution is a penalty imposed to people who break the law and it can reflect denunciation as for this aim society is showing their disapproval to reflect any wrong doings of the offender.
In a sense you pay for what you have done and judges will then ensure your sentence is proportiante depending on the individual circumstances of the crime.
An example of this is a custodial sentence which is the highest form of punishment and it's reseverved for the most serious crimes S.152 CJA 2003. Murder carries the mandatory life sentence from a minimum of 15 years up to a maximum of a whole life tariff which people like Peter Sutcliffe and Rose West are serving
Detterence
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An example of this is people who break coronavirus lockdown rules are given a large fine and this aims to deter people from breaking the rules
Protection of the Public
This aim is considered when passing a sentence in court. If the offender recieves a custodial sentence then the public are protection for however long that sentence goes on for
The more serious the offence the the longer the sentence will be. Community orders are also in place to protect the public as they could be given a curfew or an electronic tag which can help to protect wider society
Reform
This aims to prevent the offender from reoffending in the future which focuses on altering behaviour of offenders so they won't commit crimes in the future.
Some Community Orders for example Drugs Rehabilitation Programme help to fight addictions as offenders commit crimes to pay for their drugs. The Clink charity works with the prisons to help inmates to develop skills so they will eventually leave offending behind.
Reparation
Reparation involves the the offender making amends to the victims of their crime. This shows they are taking responsibility for their actions and trying to make themselves better people
This order is usually used in conjunction with a compensation payment to the victim or alongside a community order and they could be given unpaid work which can last between 40-300 hours to help in the community.