Sentencing

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Aims of sentencing

Judges and magistrates look at the sentence available and what they are trying to achieve.

Aims: UNDER THE CRIMINAL JUSTICE ACT 2003

Retribution: Based on the idea that the offender deserves punishment for his or her acts. (19th century belief 'eye for and eye'). e.g. capital punishment for murder.

General deterrence: preventing other potential offenders from committing crimes.

Individual deterrence: intended to ensure that the offender does not re-offend, through fear of future punishment.

Protection: Public needs protecting from a dangerous offender. Where there is significant risk to members of the public of serious harm being caused by the offender. INCAPACITATING

Reparation: Aimed at compensating the victim of the crime usually by ordering the offending to pay a sum of money to the victim of to make restitution e.g. return stolen goods.

Rehabilitation: The hope that the offender's behavior will be altered by the penalty imposed so that they will not offend in the future.

Denunciation: This is society expressing it's disapproval of criminal activities. A sentence should indicate both to the offender and other people that society condemns certain types of behavior.(sociological not in the act)

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factors of sentencing : Taken into consideration by a court can increase and decrease.

Aggravating (more serious)

seriousness

previous convictions

behavior and no remorse

revenge/ pre medicated

Gang/group

serving public

fueled by intoxicants

use of weapons

target protected characteristics

if on bail

Mitigating (less serious)

Illnesses/conditions

Genuine remorse

Prevoked

Early guilty plea