Briefly outline the various sentencing options available

to the courts for both over and fewer than 21s.

Powers of court:
The sentencing options available to courts are based on a number of factors.
Firstly, sentencing in the UK commensurate to the crime committed. Second, the
severity of sentences available will depend on the authority of the law 'awarding'
the sentences. Thirdly, the overarching principles of sentencing under the
Criminal Justice Act 2003 (CJA 2003) must be observed. Lastly, sentencing
options available to the courts are dependent on the age of the defaulter, which will
be the dividing criteria of the essay.

There are four theories of punishment which form the overarching principles of
sentencing as stated in the CJA 2003. They are retribution, rehabilitation,
deterrence and prevention. These four 'classical principles' of sentencing were
explicitly mentioned in the Court of Appeal case of R v Sargeant[1974] where a
nightclub bouncer caused an affray and was sentenced a harsher punishment than
normal in the name of protection of the public against the violent propensities of
the accused.

Sentencing based on proportionality of the crime committed is an important

characteristic of the English legal system. There exist both mitigating and
aggravating factors which may reduce or make the sentence harsher
respectively. Examples of mitigating factors on the part of the offender would be
remorse in court, previous good character, provocation, leniency of the victim and
pleading guilty while examples of aggravating factors include racially motivated
crimes, vulnerability of the victim, previous convictions and the crimes general
effect on the victim and society.

Different bodies of the law are given different levels of mandate in which to
sentence offenders. The most noticeable difference would lie between the severity
of sentences awardable by magistrates' courts and crown courts. In terms of fines,
magistrates' courts are limited to 5000 while crown courts can impose unlimited
fines. 
The age of the offender plays a large part in the range of sentences available to the
courts. In 2009, the House of Commons Justice Committee reaffirmed the Youth
Rehabilitation Order (YRO), an umbrella term encompassing the various
sentencing options available to courts for young offenders. The YRO is based on
the Powers of Criminal Courts Sentencing Act 2000 which based punishment of
youths strongly on the rehabilitation aspect of the four theories of punishment.

As for adult offenders, the range of sentences available to courts can be

divided into four groups. They are

1) custodial sentences,
2) community orders,
3) fines
4) and miscellaneous sentences.

Custodial Sentence– 

* Mandatory life sentence - the only sentence a judge can impose for murder, the
judge can still state the minimum number of years' imprisonment before being
eligible for release on license. The minimum term and conditions for full life term
sentence is governed by the CJA 2003.

* Discretionary life sentence - for other serious offenses like rape, manslaughter
and robbery. The judge MAY impose a life sentence but can use his discretionary
powers to give a lesser sentence where appropriate.

* Fixed-term sentence - imprisonment for a set number of months and/or years is

called fixed-term sentence, prisoners do not serve the whole sentence but will be
released upon completion of half the stated time of imprisonment.

* Home curfew sentence - the Crime and Disorder Act 1998 allows early release
from imprisonment with the inclusion of a home curfew order. Home curfew
encourages offenders to restructure their lives and prevent re-offending, prison
populations are also kept down in this way.
* Extended sentence - PCCSA 2005 gives sentencing courts the power to give a
custodial sentence followed by a supervisory sentence where the offender is
released on license. Registration is required with the police and the extended
sentence can last up to 10 year (sexual crimes) or 5 years (violent crimes).

* Intermittent sentence - introduced in 2003 but removed in 2006, this provided for
offenders to serve their sentences on weekends so as not to disrupt their working
lives and contribution to society. Disruption of prison logistics finally prevented
intermittent sentences to continue as a proper sentencing option for the courts.

* Suspended sentence - an offender may be given a suspended sentence for up to 2

years (6 months for magistrates' courts). Any further offence committed within that
period activates the prison sentence and the offender will serve that sentence along
with any sentence for the new crime.

* Minimum Sentence - basically the basic requirement of punishment for specific

crimes like dealing drugs or burglary. Although judges may give a lesser sentence
in exceptional cases.

Community Orders
- Under the CJA 2003, failure to follow the requirements of the sentencing order
will result in imprisonment.

* Unpaid work requirement - a specified number of hours over a period of one year
involving taxpayer-saving activities and community work

* Programme requirement - participate in an unaccredited programme for a certain

number of days to address the offender's particular deviant behavior

* Activity requirement - participate in specified activities to help offender with

employment, social problems or to pay reparations to the victim, lasts up to 2
months 

* Prohibited activity requirement - prevents offender from contacting a particular

person or participating in certain activities for a period of time
* Exclusion and curfew requirement - ordering offender to restrain or remain
from/in a particular place (respectively) for a period of time, electronic tagging is
available for this

* Supervision requirement - places offender under probation officer for up to 3

years, includes attendance taking at probation centres

* Alcohol and drug rehab requirement - offender to attend a rehabilitation

programme concerning their particular vice

* Residence requirement - offender ordered to live in a specific place

* Attendance centre requirement - offender to report to centre for a number of

hours per day to participate in physical education classes or practical courses

Fines

Strict liability crimes have fixed penalty fines under the Criminal Justice and
Police Act 2001. Magistrates can award a maximum of 5000 pounds while Crown
Court Judges can impose an unlimited fine subject to guidelines under the CJA
2003. The highest fine imposed would be on Balfour Beatty Rail Company in the
Hatfield Rail Disaster in Oct 2005. Where the failure to properly maintain and
service the railway tracks led to the deaths of 4 and the injuring of many more
passengers. Balfour Beatty was fined a record 10 million.

Advantages of fines are that it provides alternate income for the justice system and
due to human nature towards money, it provides for an excellent deterrent.
However, despite the framework for payment of fines under the CJA 2003, many
fines remain unpaid.

Miscellaneous Sentences
* Compensation order - where they have the power to do so, judges are encouraged
to make an order for the offender to pay a sum of money to the victim as
compensation.

* Confiscation and civil recovery order - linked to a compensation order. As

magistrates' courts can only award a fine of up to 5000, the courts may confiscate
property stolen by the offender and return it to the victim to make up for amount of
money due. This also known as a restitution order.

* Anti-social behaviour order - introduced through the Crime and Disorder Act
1998, imposes restrictions on the behaviour of offenders in order to protect the
victim and the community. An ASBO is a civil order and no criminal record is
given.

* Absolute and conditional discharge order - in exceptional cases the judge may
release an offender under certain conditions or even absolutely, with nothing more
than a warning. This is especially in the case of minor offenses and where the
offender has a shown remorse and has other mitigating factors to help his situation.

* Deferred sentence order - the courts can defer a sentence pending the good
behaviour of an offender as long as he consents and the courts believe the deferred
sentence is in the interests of justice. If the offender commits another offence
during the deferment period the courts will deal with both sentences at once.

* Disqualification order - an offender may be disqualified from holding a driving

license for driving-related offenses. For some strict liability offenses,
disqualification is compulsory and the court has no discretion.

* Financial reporting order - regular reports on the offender's financial status will
be made and given to the courts. Justification of this order should be made if the
courts feel that the offender is likely to re-offend. The order encompasses offences
like money laundering, funding terrorism, bribery, corruption, theft and fraud.

* Mental health order - the law recognises that mentally ill offenders should not be
punished but instead, receive proper treatment. In the case of a mentally ill
offender, the courts have a wider range of powers available to them in order to
treat and rehabilitate these offenders.
* Binding over order - provided for a contract of sorts where the offender will have
to pay back to the victim and society within an allotted period of time. Failure to
do so will violate the binding order and a monetary penalty will then be awarded.

Youth Rehabilitation Order 

* Custodial sentences - imposed by way of detention and training orders for

offenders for up to a period of 2 years. Sentence is carried out in Youth Centres,
Secure Training Centers etc.

* Attendance centre order - Available to under 25 year olds and require offenders
to report to police-run centres to participate in physical education classes or
practical courses

* Reparation order - offender 'puts right' the damage done based on type of damage
and severity of offence, typically consisting 24 hours of work over 3 months

* Supervisory order - young offenders are required to live in specified

accommodations away from conducive home environments and encouraged to take
part in challenging activities

* Referral order - first time offenders who plead guilty undergo a 'programme of
behaviour' with aim of preventing further crime and requiring offender pay back to
the victim and/or society (restorative justice)

* Exclusion and curfew order - similar to that of adult community sentences, the
offender is to restrain or remain from/in a particular place (respectively) for a
period of time, electronic tagging is available for this

* Action plan order - encompasses exclusion/curfew, supervisory, attendance

centre orders into a single planned order with the aim to keep them 'on the straight
and narrow' 
* Parenting contract order - parents may be required to attend counselling sessions
and comply with certain conditions as part of an order, contracts help prevent
potentially anti-social children from getting into trouble

* Fines - applicable to young offenders though parents may be responsible for

payment if the offender is under 16 years of age

* Child safety order - available for under 10s who perform an act that would
amount to a crime for an over 10, such cases are handed over to social workers or
the Youth Offending Team, curfew orders may also be implemented

by marked

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