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Chapter 12: Sentencing (12.1 Aims of sentencing (12.1.1 Retribution/punish…

- - - - Every offence should receive a certain level of punishment.
        
        Category 1
        
        Greater harm (serious injury) and higher culpability
        
        1-3 years
        
        Category 2
        
        Greater harm (serious injury must normally be present) and lower culpability or the other way round.
        
        low level community order - 51 weeks custody
        
        Category 3
        
        lesser harm and lower culpability
        
        Band A - high level community order
  - - - Trying to alter the offenders behaviour so that he will conform to community norms and not offend in the future.
    - - Trying to reform the offenders behaviour so that he will not offend in future.
- - - - Level 2 - £500
      - Level 3 - £1,000
      - Level 1 - £200
      - Level 4 - £2,500
      - Level 5 - unlimited
- - - - For murder the only sentence a judge can give is life imprisonment. However the judge is able to state the minimum amount of years the offender must serve before being eligible for release on license.
    - - For other offences such as section 18 the maximum sentence is life imprisonment but the judge does not have to impose it. If it is a second offence a life sentence is advised.
    - - Imprisonment for a set number of months or years is called fixed term. This sentence is given after factors of the crime have been considered such as what happened who the person is that committed the crime and the intention behind it.
    - - Prisons in England and Wales are overcrowded, this means that there is not enough space for people who really need to be there for very serious crimes because too many people are getting longer sentences than they need.
    - - an adult offender may be given a suspended sentence which would be up to 2 years and 6 months in the Magistrates'. This means the sentence doesn't take effect immediately. If in this time the offender doesn't commit any crimes in this time then the prison sentence will not be served.
  - - - This requires the offender to work 40 - 300 hours on a suitable project organised by the probation services.
    - - This can stop people from going to a certain area where they committed the crime or carrying something that they committed the crime with. This is trying to stop the offender committing the same offence that they already committed.
    - - An offender can be ordered to remain to stay at a fixed address for between 2-16 hours in any 24 hour period. This can last for as long as 6 months and can be enforced by electric tagging.
    - - This is when the offender is placed under supervision of a probation officer for a period of time. This means they will have to attend meetings with this officer frequently.
  - - - This means that the court will discharge the offender on the condition that no further offence is committed in a set period of up to three years.
    - - No penalty is imposed, this is where the offender is technically guilty but morally blameless.
  - - - The surcharge depends on how long the sentence is and whether the offender is an adult or youth.
- - - - Previous convictions for offences that are of a similar nature or relevant to the present offence
      - The fact that the defendant was on bail when he committed the offence.
      - Hostility too a disability or sexual orientation being involved in the offence.
    - - The offender being part of a group attacking the victim.
      - A particularly vulnerable victim e.g. young child or elderly person
      - A victim serving the public e.g. a nurse.
      - The assault was premeditated.
  - - - If the defendant pleas guilty at the first opportunity they are able to get a third off their sentence at the plea hearing. After the trail is set it goes down to a quarter and then once the trail has started they can only get up to 10% off their sentence.
  - - - If the defendant has none then they are more likely to get a lenient sentence but if the defendant has convictions that are similar to what he is being trial for then they are more likely to receive a higher sentence.
    - - The courts will have a report prepared by the probation officers about he defendant, also if the defendant is ill they may also ask for a medical report.