Adult Sentencing

Adult Sentencing

1. Magistrates

   • max 6 months imprisonment, max fine £5,000

2. Crown Court

   • No limits. They can impose up to life, and no limit for fines

3. Aims of sentencing set out in the Criminal Justice Act, s142

   • PUNISHMENT
   • REDUCTION OF CRIME
   • PROTECTION OF SOCIETY
   • REPARATION
   • aims then further sub-categorised
     • reparation
       • repaying society, community service
         • is to try and get something back into society
           • i.e. fines, community service, compensation
     • rehabilitation
       • helping the individual
         • this is to help the offender
           • i.e. rehab, psychiatric hold
     • retribution
       • 'eye for an eye'
         • i.e. prison, tariff proportionate sentence, death penalty (not UK)
     • denunciation
       • society saying it's wrong/ behaviour is unacceptable
         • is to convince them further actions
         • i.e. reflect crime, prison, fines
     • deterrence: general + individual
       • IND: put people off from re-offending
       • GEN: to put society off of a crime
       • aim is to deter
     • incapacitation
       • protection
       • to keep someone in and away from people
       • i.e. prison, psychiatric hold, house arrest, restriction orders

4. FACTORS the court will take into account when sentencing

   • aggravating factors
     • (makes the sentence worse), previous convictions, being on bail when offence was committed, on drugs
   • the seriousness of the offence
     • indictable, summary, trial by either way, if it was pre-planned, weapons, multiples (bombing)
   • mitigating factors
     • (less serious sentence), previous good character, early guilty plea (reduces sentence), illness, abuse as a child, education

5. the Criminal Justice Act and the Crime and Disorder Act sets out the custodial sentences

   • mantatory
   • discretionary
   • fixed term
   • extended sentences
   • suspended
   • home detention curfew
   • minimum

6. custodial sentences

   • mandatory life sentences
     • should be given where; x2 or more people murdered, murder of child, murder for the benefit of political or religious cause
   • intermittent custody
     • where the defendant spends weekends in prison but is free for the rest of the week. Introduced by Criminal Justice Act.
   • suspended sentences
     • an adult offender given a suspended prison sentence of up to 2yrs. This means that the sentence does not take effect immediately. If during this time the offender does not commit, sentence will not be served
   • discretionary sentence
     • manslaughter, rape, robbery; max sentence is life but judge does not have to impose it
   • extended sentences
     • s.85 of the Powers of Criminal Courts Sentencing Act gives the court the power to pass an extended sentence for a sexual/ violent offence
       • the offender is given a custodial sentence and a period where at liberty on licence. The extension period cannot exceed 10yrs for a sexual offence and 5 for a violent offence
   • fixed term sentences
     • set number of years, i.e. theft - 7yrs
   • home detention curfew
     • Crime + Disorder Act allowed early release from prison if they agree to a curfew
   • minimum sentences
     • mandatory life sentence where the offender committed a second serious sexual/ violent offence
     • 7yrs for anyone aged 18+ convicted of a third offence of a Class A drug trafficking
     • 3yrs for a third offence of burglary

7. Minimum Sentences

   • for drugs (Class A), min of 7yrs, 18+, caught 3 times, posession and obstruction
   • for burglary, min of 3yrs, 3rd time residential, max 14yrs
   • automatic life sentence for murder, min life, also; murder, manslaughter, rape, sex with underage
   • purpose is to punish them

8. Community Sentencing

   • unpaid work requirement
     • work between 40-300 hours on project organised by the probation service. Number of hours are controlled by the court, worked in 8hr sessions on weekends
       • i.e. paint school buildings, build a play centre
   • prohibited activity requirement
     • allows a wide variety of activities to be prohibited. To prevent the D from committing another crime
   • curfew requirement
     • ordered to remain at a fixed address between 2-12hrs of a 24hr period. Can last up to 6 months and may be enforced by tagging
   • exclusion requirement
     • ordered not to go to certain places. Up to 2yrs
   • supervision requirement
     • placed under supervision of probation officer for 3yrs. Must attend appointments
   • fines
     • Mag: max £5,000, can impose up to £20,000 under certain regulations, i.e. health and safety at work
   • disqualification from driving
     • courts have the power to disqualify them from driving a car. Length depends on seriousness. min 12 months