Sentencing

Sentencing

1. Aims of Sentencing

   • Deterrence
     • Prevent crime by hurting the victim
     • There are 2 types of Deterrence
       • Individual Deterrence: Where D is deterred from reoffending.
       • General Deterrence: Where the public is deterred from committing the crime, D is made an example of.
     • Harsh Punishments
     • Not too concerned with fairness
   • Retribution
     • Hurt the offender by punishing them
       • Society demands that an offender must be punished to make up for the crime they committed.
     • Harsh punishments
     • Normally involves a custodial sentence
   • Rehabilitation
     • Prevents crime by helping the offender overcome their habits/behaviour
       • Addresses the cause of the habits/behaviour (ie Drug Addiction or Peadophillia)
       • Takes the long term approach
         • Drug Rehab can take a while
     • Tries to avoid Custodial Sentences
   • Public Protection
     • Prevents crime by taking D out of society
       • Put D in jail for a life sentence (15 Years +)
       • D cannot commit crimes if they are not free
     • Typically long custodial sentences
     • Often for Sexual or Violent offences
   • Reparation
     • Intends to punish the offender by making them do unpaid work or pay a fine.
     • Society demands that an offender must be punished
     • D pays a fine/compensation order
     • D does unpaid work

2. Aggravating and Mitigating factors

   • Aggravating Factors
     • Vunerable Victim
       • Very Old or Very Young
       • Disability
     • Breach of trust
       • Teacher + Pupil
       • Parent
     • Committed on Bail
     • Previous Conviction
       • Repeat Offences
       • Violent past
     • Weapon used
       • A violent weapon
     • Motive
       • Radical Motive
       • Sexual Motive
   • Mitigating Factors
     • Early Guilty Plea
     • Cooperation with the Police
     • Offer of Compensation
     • No Previous Conviction
     • No violent history
     • Genuine Remorse
     • Pre-Sentencing Report
       • Mental Health Problems
       • "Good Kid"

3. Sentencing Practice

   • Custodial
     • Mandatory life
       • Life = 15+ years
         • The judge will specify an amount, normally more than 15 years.
       • Whole life sentence where D is never released
         • For things like: -Terrorism -2+ planned murders -Rape and Murder of a child -Previous murder conviction
       • Judge has no other option
       • Murder Only
       • Criminal Justice Act 2003
     • Discretionary Life Sentence
       • For other (not murder) serious offences
       • Judge has Sentencing Choice
     • Fixed Term Sentence
       • Time set by judges
         • Usually 50% of time is served
       • Usual rules for non-life sentences
     • Home detention curfew order
       • Crime and Disorder Act 1998
       • Where D is released from prison before 50% of the time is served.
       • D wears an electronic tag so that the state knows where D is at all times.
         • Tracking
     • Extended Sentence
       • A judge can extend the length of the sentence
         • For Violent offences, can add up to 5 years on.
         • For Sexual Crimes, can add up to 10 years on
       • Powers Of Criminal Courts Act 2000 s85
       • D serves main sentence, then the rest on a licence
         • If D commits another crime, they go back to custody for the time for the 2nd crime, plus the remaining time for the 1st crime.
     • Suspended Sentence
       • Delays the start of custody time by up to 2 years
       • If D commits a crime while on a suspended sentence, they are sent to jail to serve origninal jail time.
         • Example: If D is given 3 years custody, and a 2 year suspended sentence, then D commits a crime in those 2 years, D is then sent to prison for 3 years.
   • Community
     • Unpaid work
       • Has to be between 40 and 300 hours
       • Criminal Justice Act 2003
     • Prohibited Activity
       • Banned from doing certain things
     • Curfew Requirement
       • D must remain at a fixed address
         • More than 2 hours, less than 16 a day
       • Can only be given for up to 6 months
       • Electronic Tag fitted
       • Only available if there are curfew arrangements possible
     • Exclusion Requirement
       • D is forbidden from going to certain places
         • Where they are most likely to commit a crime
     • Supervision Requirement
       • D is put under the supervision of a probation officer
       • Max. of 3 years
       • Criminal Justice Act 2003
       • For promoting the offender's rehabilitation
   • Fines
     • Financial Penalties
     • D pay the fine to the court that imposed it
     • Can be paid once or in enstallments
     • When D is on benefits, can be taken directly from there
   • Discharge
     • D is free to go
     • No further inquires
     • Cannot be charged for the same crime twice