Delve into the intricate world of sentencing with this comprehensive resource. Explore the aims of sentencing, gain insights into the factors that are taken into account during the sentencing process, and understand the various types of sentencing available. Additionally, this resource presents an ...
Sentencing
AIMS OF SENTENCING
The aims of sentencing are set out in section 142 of the Criminal Justice Act (2003). These aims are:
RETRIBUTION
Is based on the idea of punishment. This aim does not seek to reduce crime or alter the offenders future
behaviour. This based on the idea of 'An eye for an eye and a tooth for a tooth' which is also used to justify
the death penalty,
Tariff sentences
Retribution is based on the idea that each crime should have a certain tariff (level) of sentencing.
The sentencing council produces the guidelines for all main categories of offence and the
sentencing range
DETERRENCE: Giving punishment aimed at putting the defendant off reoffending. There are 2 types of
deterrence:
Individual deterrence: Ensure that the offender does not reoffend through fear of future
punishment. However around 55% of offenders reoffend within 2 years of
release
- Custodial sentences
- Suspended sentences
- Heavy fines
General deterrence: Aimed at preventing other potential offenders from committing crimes through
severe crimes passed on others. General deterrence is in direct conflict with the
aim of retribution
Riots of summer 2011: Large numbers of rioters were convicted and given much
harsher sentences than people convicted of the same kinds of crimes before the
riots.
REFORMATION/REHABLITIATION: under this aim of sentencing the main aim of the penalty is to
reform the offender and rehabilitate them into society by altering their behaviour so that they will conform
to societies norms.
Reformation is a very important element in the sentencing philosophy for young offenders
PROTECTION OF THE PUBLIC: the public need to be protected from dangerous offenders. For this
reason life imprisonment is given to those who commit murder and other serious offences. For less
serious offences there are other ways in which the public can be protected (Dangerous drivers are
disqualified from driving)
, REPARATION: This is aimed at compensating the victim of the crimes usually by ordering the offender to
pay a sum of money to the victim or to make restitution (returning stolen property)
This concept also includes the offender making reparation to society as a whole through community
service
DENUNCIATION: This is society expressing its disapproval of criminal activity. It reinforces the moral
boundaries of acceptable conduct and moulds society's views on the criminality of conduct
FACTORS IN SENTENCING
AGGRAVATING FACTORS IN SENTENCING: The Criminal Justice Act (2003) lists certain factors making
an offence more serious:
- Previous convictions
- The defendant being on bail
- Racial, Religious hostility
- Hostility to disability or sexual orientation
- Attacking a victim in a group
- Attacking a vulnerable person
- A victim serving the public
- Pre-meditated assault
MITIGATING FACTORS IN SENTENCING: This allows the courts to give a lighter sentence
- Co-operation with the police
- Mental illness
- Physical illness
- A defendant having no previous convictions
- Evidence of genuine remorse
There will also be reduction in sentence for a guilty plea, particularly when the defendant made the plea
early on in the proceedings. (Reduction up to 1/3 when the plea is made at the earliest reasonable
opportunity)
BACKGROUND OF THE OFFENDER: This allows the courts to give a lighter sentence
- Previous convictions - A defendant with no previous convictions will treated more leniently
- Reports - Reports will be prepared by the probation service on the offenders background
If the defendant is ill then the court may also ask for a medical report
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