Role of the Courts
• Court decides what sentence should be
imposed on the offender.
• The Judge or magistrates decide on an
appropriate punishment in each case.
• What restrictions are they subject to when
deciding on a suitable sentence?
Aims of Sentencing
• The judge / magistrates will have to decide what
they are trying to achieve by the punishment they
give.
• For example, should they simply punish D for what
he’s done, or should they try and alter his future
behaviour?
Aims of Sentencing
S.142 Criminal Justice Act 2003:
• The punishment of offenders
• The reduction of crime (inc. by deterrence)
• Reform and rehabilitation of offenders
• The protection of the public
• Reparation by offenders to those affected by the
crime
Activity …
Read the article and answer the
questions on page 205 of “OCR
Law for AS”.
Retribution
• “An eye for an eye…..”
• Based on the idea of punishment because the
offender deserves it.
• No attempt to alter D’s future behaviour.
• What types of sentences do you think achieve
this aim?
Denunciation
• Society expressing its disapproval of criminal
behaviour.
• Can influence society’s views on what is
acceptable / unacceptable conduct.
• Examples: drink driving; enhanced sentencing
for racist crime.
Incapacitation
• Offender is made incapable of re-offending.
• Can be a short-term solution, however,
depending on the sentence.
• Think of some examples of sentences that
reflect this aim of sentencing.
Deterrence
• Aimed at reducing future levels of crime.
• Individual – to deter D from re-offending.
• General- to deter other potential offenders
from committing crimes.
• Idea is to give a harsh punishment, e.g.
prison sentence or heavy fine.
What deters criminals?
• Being caught?
• A tough sentence?
• The reaction of family / friends?
• Theory assumes an offender will stop to
consider consequences – but most crime is
committed on the spur of the moment.
Rehabilitation
• Main aim is to reform the offender so that they
do not re-offend in the future.
• Usually involves community sentences.
Criticisms:
• Often discriminates against the underprivileged.
• Leads to inconsistency in sentencing.
Reparation
• Aimed at compensating the victim of the
crime.
• Based on idea that criminals should pay
compensation to their victims.
• S.130 Powers of Criminal Courts (Sentencing)
Act 2000 says courts are under a duty to give
reasons if they do not make a compensation
order.
Activity…
Read the article on page 212
of “OCR Law for AS” and
answer the questions following
it.
Sentencing Practice
Before passing sentence, the court will consider:
• Any aggravating / mitigating factors
• Pre-sentence reports (Probation service)
• Any previous convictions
• Medical Reports
• Character Statements
• D’s financial / domestic circumstances
Pleading Guilty
• Reduction in sentence for a guilty plea.
• What reasons did the Sentencing Guidelines
Council give for allowing reductions in
sentences for guilty pleas?
• Do you agree with this concept?
Types of Sentence
Draw a chart with 3 columns showing…
1) the different types of sentence available
2) an explanation of each sentence
3) the aims of each sentence
Custodial Sentences
S.152 Criminal Justice Act 2003:
• Court must not pass a custodial sentence
unless it is of the opinion that the offence
was…
“… so serious that neither a fine alone nor a
community sentence can be justified”.
Custodial Sentences
• Range from intermittent (“weekend”) prison
to life imprisonment.
• Can be unfair on D’s family.
• Can be very difficult for D to re-integrate into
society on release (job, housing etc.)
Community Sentences
Criminal Justice Act 2003:
• Created one community order under which
the court can combine any requirements it
thinks are necessary.
• “Mix and match” approach to meet D’s needs
Community Sentences
s.177 Criminal Justice Act 2003 includes:
• Unpaid work requirement
• Curfew requirement
• Exclusion requirement
• Supervision requirement
• Drug rehabilitation requirement
Fines
• Sum payable to the Crown – not compensation
for the victim.
• Most common sentence in Magistrates’ Court.
• “Rich man, poor man” problems.
• What happens if D cannot pay?
Discharges and other orders…
• Conditional discharge – often used for first time
minor offenders.
• Absolute discharge
• Disqualification from driving
• Compensation order
Anti-Social Behaviour Orders
• Civil orders that can be imposed where a
person has behaved in an anti-social manner.
• Breaking an ASBO is a criminal matter and the
offender can then be sentenced for the
breach.
Young Offenders
• At what age is a child criminally liable?
• Different sentences available for those under
18, under 16, under 14 and under 12.
• Main aim is reformation and rehabilitation