The Legal System- Sentencing Notes

Sentencing
Aims of Sentencing
 S.142 of the Criminal Justice Act 2003 states the judge must consider the
following aims when passing sentence
1. Punishment
 D has done something wrong
 The court need to make that right for V and society
 Retribution
 Must reflect the crime
 S.2(2) Criminal Justice Act 1991
 Sentencing council provides tariffs
2. Reduction of crime
 Deterrence
 Put off future crimes
 Individual deterrence or general deterrence
 Individual:
 Put off D
 Fear of future punishment
 Does not reoffend
 Prison, suspended sentence, large fine
 Not very effective
 55% reoffend within 2 years
 General:
 Aimed at the public
 2011 riots when people were looting shops
 Minor thefts were dealt with by custody to send a clear message
3. Rehabilitation
 Change Ds behaviour
 Reform
 Prevent reoffending
 Take account of individual circumstances
 Community order
4. Public Protection
 Stop harming the public
 Violent or sexual crimes
 Life or long term imprisonment
 Criminal Justice Act 2003
 Other offences: disqualified from driving, curfew and exclusion order
5. Reparation
 Give back to V or society
 Restorative Justice
 Compensation or unpaid work




Aggravating Factors
 More severe sentence