2. You are going to see two cases, and evaluate them exactly as the
magistrates or judges would.
Case One: Case Two:
200 hours unpaid,
Four Years
curfew weekly
Imprisonment supervision
3. Group Task:
Using your own knowledge, and what you have learnt about sentencing so
far, add as much detail to the sheet on your desk.
Sentences Aims
Mitigating factors Aggravating Factors
4. So what are the actual aims?
s.142 Criminal Justice Act
With the exception of the first one, the others are known
by other labels...
2003 Can you match the label to the aim?
(oh, and spot which one is not in the Act?)
In sentencing a defendant, the court must
have regard to: 6 reparation 5 incapacitation
1. The need to reduce the crime rate denunciation 3 rehabilitation
2. The need to punish D for having
committed an offence 4 deterrence 2 retribution
3. The need to change the offending
behaviour
4. The need to deter the offender from
reoffending, and to deter the public by
example
5. The need to protect the public Looking at all the aims, which do
you consider the most
6. The need to compensate both the victim important in sentencing an
and society. offender and why?
6. Retribution
“an eye for an eye” Death Penalty Chemical castration
Fines Life Sentence
What would you do?
A literal example? Crime Retributive Sentence
Theft
Murder
Terrorism
Rape
7. Denunciation
“ Punishment is the is the way in which
society expresses its denunciation of what
D is doing.” Denning LJ
Releasing the
names of child
offenders
Megan’s Law
[Sarah’s Law]
Vests for
community payback
8. Incapacitation
Tagging Exclusion or
Minimum Curfew Orders
sentencing
e.g. 3 conviction of Whole Life
domestic burglary
Sentences Driving Bans
Can we justify a whole life tariff?
Three of these men are currently appealing to the ECtHR on the
grounds that their is a breach of Human Rights as because there are
no reviews, it amounts to “inhumane and degrading treatment”
Look at the article at the back of your handout, and explain what
they have in common, and whether or not you agree with the
concept of a whole life tariff.
9. Deterrence
Fear of future punishment
General
stop others offending
Rioters
R v Whitton 1985
CCTV
Individual
stop you offending
Custodial sentence
ASBO posters
Naming Child offenders
Do criminals think
before they act?
10. Rehabilitation
Prevent future crime by looking at the causes of the
crime.
Drug & Alcohol
treatment orders
Custodial Education
courses
Community orders
Programme
requirement
11. Reparation
To ‘make good’ for the harm caused
Community Order Compensation
Order
Fines
Victim meetings
Confiscation
orders
Student Task:
Should Mr Hoare have paid his victim as share of
his winnings? Why/why not?
12. Student Task:
Evaluating the Aims
Working with your group, complete the table to develop your AO2.
Two points for each!
Below are some random statements to help you get started...
Can you spot where they should go?
Everyone is given the Although the
same programmes can This can be unfair on This is
sentence, regardless work, there are not the one defendant sentencing
of why they did the enough spaces for all who is singled out. people on
crime. the offenders the basis of a
risk they may
The victim could be
An offender must pose in the
receiving small
agree to a drug or Most crimes are future, not at
amounts for years, so
alcohol treatment impulsive the moment.
they can’t get over
programme
the crime.
14. So how does it really work?
Bob has been convicted of five burglaries and is eligible for a four year
sentence.
Why are the papers up in arms because he could be released in less than a year?
BBC.co.uk
What else might reduce his time even more?
15. Case study:
Pleading Guilty
Alan Webster
What about a more radical
approach?
Student Task:
Read the enclosed article and
summarise the changes to the rules
on guilty pleas.
Do you agree with them?
How would the rules have affected
his sentence?
16. Do you understand the topic?
Example:
Mavis, who is a single
mother and a drug
dealer, steals Arthur’s
wallet. Arthur is a 24 year
Student Task:
old banker.
Each table has been given
Mitigating Aggravating Aim &
three problems. For reason
each, decide on the
mitigating and aggravating
factors and then on what
you think should be the
judges main aim in
deciding on sentence and
why!!
17. Plenary
How much did you already
know?
You’ve now been given back
your post-it charts . On your
posters, edit the three sections
on
Mitigating
Aggravating
Aims
Remove any which are ‘wrong’
and add it things that you have
missed (in pen or pencil)
