Topic 10
Topic
10
Sentencing
Sentencing
Topic 10
Sentencing
Introduction to sentencing
• aims of sentencing
• types of sentences
• youth sentencing
Topic 10
Sentencing
Aims of sentencing
• retribution
• rehabilitation
• reparation
• deterrence
Topic 10
Sentencing
Retribution
The aim of a retributive sentence is to punish the offender.
The phrase ‘an eye for an eye, a tooth for a tooth’ is often
used when discussing this aim.
The idea is that if a person has knowingly done wrong, he
or she deserves to be punished and society expects that
he or she will be.
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Sentencing
Rehabilitation
Rehabilitation helps an offender to solve the issues that lie
behind his or her criminal behaviour. The intention is that if the
problems are solved, the offender will avoid committing further
offences. For example, a drug addict who steals to fund his or
her habit may be assisted to overcome his or her addiction,
thereby removing the need to steal in future.
Other offenders may be helped to develop their social skills and
some may undertake training to improve their chances of
employment.
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Sentencing
Reparation
Reparation is based on the notion that the offender ‘makes
amends’ for his or her crime.
He or she attempts to ‘repair’ the damage caused by the
offence, usually by carrying out work in the community or
by paying financial compensation. This encourages
offenders to accept responsibility for their crimes.
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Sentencing
Deterrence
The aim of deterrence is to punish criminals in order to
deter people from offending and thus reduce the number
of offences committed.
There are two different types of deterrence:
• specific deterrence
• general deterrence
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Sentencing
Specific deterrent
A specific deterrent applies to an individual and the aim is
to deter that particular person from re-offending.
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Sentencing
General deterrent
A sentence designed to act as a general deterrent is aimed
at people in general. The hope is that people will be
deterred from committing crimes by the level of
punishment that they will receive if convicted.
A general deterrent might be used if a particular type of
crime has become prevalent — for example football
hooliganism, joy-riding or mobile-phone robberies.
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Sentencing
Denunciation
In denunciation, society expresses its outrage at the
behaviour of the individual and condemns it. This is
sometimes used in the USA, as convicted shoplifters are
made to stand outside the shop that they stole from with a
sign proclaiming that they are thieves. Local newspapers
also feature sections ‘naming and shaming’ those who
have been convicted.
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Sentencing
Protection of the public
The aim of protecting the public is frequently used as a
strong general justification for punishment and
imprisonment in particular.
It is argued that the public needs protection from
dangerous criminals and prison removes these criminals
from the public domain by restricting their liberty. In
physically restraining offenders, it protects the public,
albeit temporarily, from becoming the victims of further
acts of crime.
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Sentencing
Types of sentences
• custodial
• community-based
• fine
• discharge
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Sentencing
Custodial sentence
As there is no longer a death penalty in the UK, the most
severe criminal sanction for those over 21 years of age is
imprisonment.
The punishment is the removal of the offender’s liberty but
can often go beyond this, as prisoners’ whole lives are
affected. They may lose their jobs, homes and families as
a result of a prison sentence.
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Sentencing
Criminal Justice Act 2003
Under the Criminal Justice Act 2003, the court can only
pass a custodial sentence if it thinks that the offence was
so serious that neither a fine alone nor a community
sentence can be justified for the offence. It may also be
imposed to protect the public from violent or sex
offenders.
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Sentencing
Powers of Criminal Courts
(Sentencing) Act 2000
The Powers of Criminal Courts (Sentencing) Act 2000 lays
down minimum sentences for some crimes.
Unless the court thinks it unjust, a person will receive a
minimum sentence of 7 years for a third class-A drug
trafficking offence, and a minimum of 3 years for a third
conviction of domestic burglary.
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Sentencing
Early release
Those sentenced to less than 4 years will be released after
serving half of their sentences.
Those with a longer sentence will have to serve two thirds
of their sentence prior to release. When they are released,
they remain on licence for the remainder of their sentence.
Those sentenced to life may apply for parole once they
have served the recommended tariff, but if released they
will remain on licence for life.
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Sentencing
Suspended prison sentence
In exceptional circumstances, a person may receive a
suspended prison sentence, varying in length from
6 months to 2 years. This means that the defendant does
not have to go to prison. The sentence may be suspended
for a period between 1 and 2 years.
The offender is obliged to carry out work in the community
and must not commit any further offences during the time
the sentence is suspended, otherwise he or she will have
to serve the sentence in prison.
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Sentencing
Community sentence
A community sentence is imposed in 13% of cases each
year. It is a serious punishment and an alternative to
prison.
Anyone aged 16 or over can be given a community
sentence and it is seen as more effective at rehabilitating
offenders than sending them to prison.
Under s.48 of the Criminal Justice Act 2003, it can only be
passed if the offence is serious enough to warrant it.
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Sentencing
Types of community service
Community sentences may include:
• between 40 and 300 hours of unpaid work in the community
• supervision by the probation service
• treatment for drug or alcohol addiction
• anger, alcohol or drug training programmes
• prohibited activity requirement banning the offender from
certain activities
• a curfew requiring an offender to remain in a specified place
at certain times
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Sentencing
Fine
A fine requires the offender to pay a financial penalty and
may be imposed alone or in addition to another type of
sentence.
Magistrates can give a maximum fine of £5,0000 but there
is no maximum amount in the Crown Court. When setting
the level of a fine, the court must take into account two
factors:
• the seriousness of the offence
• the financial means of the offender
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Sentencing
Discharge
Discharge is imposed in 8% of cases, when the defendant
has been convicted of an offence but the court is of the
opinion that punishment is unnecessary for some reason.
There are two different types:
• conditional
• absolute
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Sentencing
Conditional discharge
A conditional discharge means that although the offender
will have a criminal record, no further action will be taken
against him or her, as long as he or she does not commit
a further offence within a specified time period of up to
3 years.
If he or she does commit a further offence, he or she may
be re-sentenced for this offence as well as receiving
whatever sentence is passed for the second offence.
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Sentencing
Absolute discharge
An absolute discharge means that the defendant will have
a criminal record but no further action will be taken
against him or her.
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Sentencing
Youth sentencing
A young offender is an offender under 18 years of age.
Many of the sentences given to young offenders are the
same as those imposed upon adults. Youths can receive
conditional and absolute discharges as well as fines.
There are differences, however, in community and
custodial sentences given to adults and those given to
youths.
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Sentencing
Community sentences
• reparation order
• referral order
• attendance centre order
• action plan order
• supervision order
• community rehabilitation order
• community punishment order
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Sentencing
Custodial sentences (1)
Offenders under the age of 18 cannot be given a custodial
sentence but they may be detained elsewhere, for
example in a young offenders’ institution or local authority
accommodation.
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Sentencing
Custodial sentences (2)
• Detention and training order.
• Detention under sections 90 and 91 of the Powers of
Criminal Courts (Sentencing) Act 2000.
• Sentence less than 4 years.
• Sentence 4 years or more.