Sentencing

This next blog is going to be all about sentencing; the aims of sentencing, types of sentences and the factors the court consider in sentencing. I hope you find it informative!

Aims of sentencing

S.142 Criminal Justice Act 2003 states clearly that a Magistrate or Judge should have the following in mind when sentencing:

• Retribution (punishment): punishment inflicted on someone as vengeance for a wrong or criminal act.
• Deterrence: prevents others from committing the crime (individual = deter a criminal from reoffending for fear of future punishment, general = sends a message to society of the consequences on breaking the law.
• Reform/Rehabilitation: make changes in something, especially an institution or practise, in order to improve it or the action of restoring someone to health or normal life through training and therapy after imprisonment, addiction, or illness.
• Prevention (protection of the public): the action of stopping something from happening or arising.
• Reparation: the action of making amends for a wrong doing by providing payment or other assistance to those who have been wronged.

Types of Sentence

Custodial sentences

The most serious sentence that a court can impose and can only be used for the most serious offences. The length of the sentence will depend on the maximum sentence available for the crime as well as the seriousness of the offence and the offender's background. 

Suspended sentence

The court will suspend the sentence for up to 3 years. If during this time the defendant does not commit an offence, then he will not serve the prison sentence.

Community orders

These are a mixture of requirements that the offender is ordered to do. Examples include:

- Unpaid Work Requirement: work between 40-300 hours on a suitable project organised by the CPS.

- Prohibited Activity Requirement: wide variety of activities to be prohibited; trying to prevent the defendant from committing another type of the same crime.

- Curfew Requirement: asked to stay at a fixed address for between 2 and 18 hours in any 24 hour period. 

Fines

The most common sentence in the Magistrates' Court. Usually the offender is ordered to pay the fine on a weekly or monthly basis. 

Conditional Discharge

An offender is not given a sentence on the condition that they will not reoffend during a set period of time (up to 3 years). Often given to first time or minor offenders in the hope that they have learnt their lesson. If an offender does commit an offence during the set period, then he or she can be brought back to court and sentenced for the original offence. 

Sentencing Factors

When deciding what sentence to pass on a defendant the Judge/Magistrates consider a number of factors. They will look at the maximum sentence and decide based on the factors what level of sentence should be imposed. The court will often have a report prepared by the probation service. 

Aggravating factors (that increase the severity of the offence):

• impact on the victim - extent of injury/damage
• the use of a weapon
• the vulnerable victim or one serving the public
• a racially/sexually motivated crime
• premeditated

Mitigating factors (that decrease the severity of the offence):

• co-operation with police
• evidence of remorse
• the defendant was provoked

A guilty plea

• the earlier you plead guilty the higher the reduction in sentence - up to 1/3 off.
• no reduction if it is obvious that the defendant is guilty.

Offender's background

• previous convictions - how did the defendant respond to previous sentences?
• on bail? yes = aggravating factors
• Financial circumstances

I hope you find this interesting and informative! Until next time...

Lawology