SENTENCING
Factors that determine sentencing
● Power of the court
● Aims of sentencing- what the judge wants to achieve with sentencing a
defendant; to protect public, to punish defendant, rehabilitate to prevent
them from re-offending
● Types of sentences available- community orders, imprisonment, fine
Tariff sentences or mandatory sentences; murder is mandatory life in
prison; judges have no discretion; Theft/tariff max 7 years in prison;
Rape offender min 10 years in prison
● Mitigating factors-
● Aggravating factors- if the defendant is a persistent offender/ give
defendant a harsher sentence
● Sentencing guidelines-
Jurisdiction of the court-
Magistrates court have the power to pass unlimited fines but a custody
sentence of only up to 12 months imprisonment
Crown court- no limit to power to pass sentence
The powers of the court however can be limited by tariff sentences and
mandatory sentences
Powers of the court-
● Mandatory sentences- the only sentence a court can impose for a crime
of murder is a life sentence
● Tariff sentences and sentencing guidelines- when a person passes a life
sentence it means that the offender will be subject to that sentence for
the rest of their life. When passing a life sentences, a judge must
specify the minimum term (sometimes called the tariff) an offender must
spend in prison before becoming eligible to apply for parole. The only
exception to this is when a life sentences is passed with a ‘whole life
order’ meaning that such an offender will spend the rest of their life in
prison. A life sentence always lasts for life whatever the length of the
minimum term.
● Fixed fines are also a form of tariff
● Aims of sentencing
● When judges or magistrates have to pass a sentence, they will have to
look at the sentences available and decide what they are trying to
achieve by giving out that punishment
● Section 142 of the Criminal Justice Act States that:
● Any court dealing with an adult offender in respect of his offence must
have regard to the following purposes of sentencing-
● (a) the punishment of the offenders
● (b) reduction of crime (including its reduction of deterrence)
● c) the reform and rehabilitation of offenders
● d) the protection of public
● e) the making of reparations by offenders to persons affected by their
offence
● Retribution (punishment)
● Retribution is based on the notion ‘an eye for an eye a tooth
for a tooth, a life for a life’
● The aim here is to ensure the offenders receive their “just
desserts”
● This aim is affected by tariff sentences
● Contains an element of revenge
● Discretion on sentencing no longer left with judges. Ensures
sentencing is uniform
● Can be a disadvantage as it ignores the individual needs of the
offender
● Does not allow enough consideration for mitigating factors
● Where fines are concerned, it does not take into account
individuals financial background.
● Deterrence-
● prevent offender from reoffending and prevent public from
doing something the offender has done
● Using a sentence as a deterrent to reduce crime as crime is a
harm which society wishes to eradicate
● Concerned with preventing the commission of further crimes
● 2 types- individual deterrence and general deterrence
● Individual deterrence is to ensure that the offender will not
re-offend, through fear of future punishment
➢ Prison sentence, suspending sentence or heavy fines can
be imposed on the offender in hope to deter him from
committing any future crimes
➢ However, 55% of adult prisoners and 70% young
offenders re-offend within 2 years of release from
custody
● General deterrence is to prevent other potential offenders from
offending by punishing one offender
● Both aim to reduce crime level
Consider whether fear of punishment is likely to deter individuals
from committing offences in each of the following situations
Note your answer down and be ready to support it with logical
arguments
●A convicted burglar walking pass a luxury
home in a quiet residential street that has
keys left in the front door
●The fear of punishment would not deter
this individual from re offending since he
is an ex convict. As it was in a quiet
residential street which makes it less
likely for him to get caught, and he can
easily break into the luxury home as the
keys were left at the front door. This
makes it highly unlikely that the fear of
punishment would deter him.