Once a person is found guilty of a criminal offense, the court must impose a sentence. Sentences can range from prison time to fines to unconditional discharges. Judges consider factors like the offense committed, the offender's background, and the aims of sentencing which include punishment, deterrence, rehabilitation, protection of the public, and reparations. Sentencing also depends on things like whether the offender has a criminal record or mental health issues. Different types of sentences include custodial sentences, community sentences, fines, and discharges. Special considerations are made for young or mentally ill offenders.
2. Overview
Once a person has been found guilty of a criminal offence, the
court must impose some kind of sentence.
This can range from prison, community work, and heavy fines;
through to unconditional discharges.
How does a judge or magistrate decide what kind of sentence to
apply?
What factors do they consider?
Are there any guidelines?
Is the UK too soft on prisoners?
3. Objectives
By the end of the session, all learners will:
1.
Be able to identify and explain the main aims of sentencing.
2.
Be able to apply the rules to some video cases.
4. Quick Questions
1.
What is the maximum custodial sentence a magistrate can
impose?
2.
What is the maximum fine a magistrate can impose?
3.
What must the Magistrates Court do if its sentencing powers are not
strong enough for the case?
4.
What is the maximum custodial sentence the Crown Court can
impose?
5.
What is the maximum fine the Crown Court can impose?
6.
Do the higher courts (Court of Appeal, Supreme Court etc) have
stronger sentencing powers than the Crown Court?
6. Aims of Sentencing
Criminal Justice Act 2003, Section 142:
1.
2.
Reduction of crime (deterrence)
3.
Reform and rehabilitation
4.
Protection of the public
5.
Punishment
Reparations by offenders to those affected.
Which, in your view, is the most important?
7. Punishment
Also known as “retribution”.
Does not seek to prevent re-offending, or protect the public. Its only
aim is to inflict revenge.
The punishment should be proportionate to the offence:
Murder deserves a more harsh punishment than theft.
Sentencing Council sets guidelines in order to get the proportionality
right and make sentencing more consistent.
http://sentencingcouncil.judiciary.gov.uk/docs/Theft_and_Burglary_of_a
_building_other_than_a_dwelling.pdf
8. Punishment
Has its roots in the old adage: “An eye for an eye, a tooth for a
tooth.”
Can provide comfort to victims.
Gives the impression that the defendant is getting his just deserts.
9. Deterrence
Ensure that the individual criminal does not commit the same crime
again.
Ensure that the public at large does not commit the same crime.
Make an example of him/her.
Examples: Community sentences, suspended sentences, prison.
10. Deterrence
Has strong links with punishment.
If the public sees the criminal suffering a long prison sentence or a
dull community sentence, they could be put-off.
Increases the potential costs of committing crime.
But are all criminals so thoughtful about the future and the risks?
11. Rehabilitation
Reform the offender and make him a better person.
Examples: Drug abstention orders, alcohol treatment, mandatory
education.
Tries to intervene in the criminal’s life, reshape him, make her a new
woman.
Unlike retribution or punishment, the court would mould a sentence
around their individual circumstances.
They are assisted in this by the Probation Service.
12. Protection of the Public
The idea is to incapacitate the offender.
Make it difficult for him to reoffend and thereby protect the public.
Examples: Driving ban, curfew order.
Again, strong links with other aims: Prison is an example of
punishment, deterrence, and incapacitation.
Instead of seeking revenge, this aim is more pragmatic: protect the
innocent from the guilty.
13. Reparation
Compensate the victim – compensation order.
Give property back to the victim – restitution order.
Section 130 of the Powers of Criminal Courts (Sentencing) Act 2000
imposes a duty on courts to give reasons if they do not make a
compensation order.
Again, the courts will take a look at the offender’s financial situation
before ordering reparation or a fine.
14. Aims
The list of aims under section 142 is not exhaustive.
Judges can take other aims into consideration if they so wish.
http://www.theguardian.com/uk-news/2013/dec/06/royal-marineblackman-10-years-jail-taliban-murder
15. Sentencing Practice in the Courts
The courts usually consider three things:
1.
The offence committed.
2.
The background of the offender.
3.
The aims of sentencing.
16. The Offence Committed
Section 143(1), Criminal Justice Act 2003:
"In considering the seriousness of the offence, the court must consider
the offender's culpability in committing the offence and any harm
which the offence caused, or was intended to cause or might
reasonably foreseeably have caused.“
Culpability: Blameworthiness.
Example: Stealing money from a vulnerable old man is more
blameworthy than stealing money from a millionaire.
17. The Offence Committed
Aggravating factors:
Offender was on bail when he reoffended.
Racial or religious hostility.
Hostility because of the victim’s sexuality or disability.
Offender was in a position of trust (e.g. teacher or care worker).
Previous convictions for similar offences.
Was the offence premeditated?
These make the offender more culpable and can lead to a harsher
sentence.
18. The Offence Committed
Mitigating factors:
Psychiatric problems.
Provocation.
Clean criminal record.
Etc…
These make the offender less culpable.
19. Background of the Offender
Probation Service will prepare a report detailing the offender’s
background.
Any prior convictions?
Is the offender dangerous (and therefore unsuitable for a community
sentence)?
Has she failed to respond to treatment?
Does she have any mental problems?
What is her financial situation (relevant to the level of fine)?
20. Types of Sentence
Custodial:
Some crimes carry a maximum or minimum sentence (e.g. Theft = 7
years maximum; Murder = life minimum).
Courts must work within these limits.
Prison sentences are a last resort:
Section 152 Criminal Justice Act 2003:- “The court must not pass a
custodial sentence unless the offence "was so serious that neither a fine
alone nor a community sentence can be justified".
21. Types of Sentence
Prison sentences can be suspended.
They can be indeterminate
If the offender commits another crime whilst the sentence is suspended,
he is sentenced to imprisonment for the original crime and the new one.
If the prisoner is particularly dangerous, he is imprisoned until he is
considered fit to be released.
They can be extended
Sentenced to X years in prison plus another Y years on licence.
22. Types of Sentence
Community sentences (unpaid work, prohibited activity, exclusions
etc)
Fines
Discharges
Compensation orders
Restitution orders
Driving bans
23. Young Offenders
Those aged 18-20 are sent to a Young Offenders Institute (YOI).
If they reach 21, they are transferred to a normal prison.
Emphasis is much more on rehabilitation than punishment.
They can be sentenced to a Youth Rehabilitation Order:
Compulsory training or education.
Drugs treatment.
Unpaid community work.
24. Young Offenders
Parents can be asked to control their child for up to one year.
If the child misbehaves, they are charged £1000
If the parents refuse, the court can fine the parents.
Parenting Orders:
Parents required to attend training sessions on how to bring up their
children.
25. Mentally Ill Offenders
Can be required to attend a hospital for treatment.
In extreme cases, they can be sectioned under the Mental Health
Act and placed into a mental institution.
Those with relatively minor mental illnesses could have their
condition viewed as a mitigating factor.
26. ASBOS
Anti-Social Behaviour Orders.
These are not criminal penalties.
They are handed out to people not yet found guilty of a criminal
offence.
Required to stay away from a particular area, or cease a particular
activity.
If the ASBO is breached, it becomes a criminal matter.
Clever (sly?) way of getting around the innocent until proven guilty
principle.
27. You be the Judge
http://sentencingcouncil.judiciary.gov.uk/get-involved/you-be-thejudge.htm
