SENTENCING IN

ENGLAND&WALES
It is imperative that the right sentence is given to
the offender.

There are certain factors that a judge takes into

account when deciding upon a sentence,these
include:

1-AIMS OF SENTENCING
This is the purpose behind sentencing an
individual. There can be more than one aim used
when deciding upon the sentence.
 AIMS OF SENTENCING
RETRIBUTION
●
This is based on the idea that an individual
must be punished because he or she deserves
it. It is based on the saying ' an eye for an eye,
a tooth for a tooth and a life for a life'.( Please
note that death penalty has been abolished in
the UK)
●
One American judge put this aim in practice by
allowing the victim of a burglary to go to the
burglars house and pick things up to the same
value.
 AIMS OF SENTENCING
INCAPACITATION
●
The purpose behind this is to make the offender
incapable of committing a crime again.
●
The ultimate way of doing this is imprisonment
but some countries like Saudi Arabia use other
means to make the person incapable of
committing the crime. They cut the hands of
thieves so they can not steel again.
DENUNCIATION
●
This is society expressing its disapproval of
criminal activity.
 AIMS OF SENTENCING
●
A sentence should indicate both to the offender
and and to other people that society condemns
certain type of behaviours.
●
Denunciation also reinforces the moral
boundaries of acceptable conduct.
●
Severe sentences are imposed on drinking and
driving and this reinstates the society's
disapproval of such activity.
 AIMS OF SENTENCING
PROTECTION OF THE PUBLIC
●
Another aim behind sentencing can be to
protect the public from dangerous offenders.
Again, the most common way of doing this via
imprisonment.
DETERRENCE
●
There are two types of deterrence: individual
and general.
●
Under individual deterrence, the offender
himself is dettered from committing a crime.
 AIMS OF SENTENCING
●
Whereas general deterrence is when others are
deterred from committing a crime via the
sentence imposed on the offender. This type of
deterrence relies heavily on publicity. An
example of this is when severe sentences were
imposed on cricketers of the Pakistani national
teams for match fixing. This deterred other
members of the team from getting involved.
●
Deterrence can be criticized on the basis that
most crimes are committed under the influence.
The fear of being caught is more of a deterrent
than the sentence itself.
 AIMS OF SENTENCING
REHABILITATION
●
This is a forward looking aim and focuses on
reforming the offender so he or she is able to
function properly and fit back into the society.
This is an important aim and should be used for
all offenders but more so for young offenders.
REPARATION
●
This involves giving compensation or making
repairs. This aim is mostly used for driving
offences.
 FACTORS SURROUNDING THE
OFFENCE
2- AGGRAVATING FACTORS
●
The courts will look at the seriousness of the
offence. In doing so, they will take into account
any aggravating factors:
- previous conviction of similar nature
- whether the defendant was on bail
- hostility towards religion, race, disability or
sexual orientation
-In case of theft; how much was stolen
-whether the offence was pre planned
 FACTORS SURROUNDING THE
OFFENCE
3- GUILTY PLEA
●
There can be a reduction in the sentence when
the defendant pleads guilty. There will be a 1/3
reduction if the defendant pleads guilty at the
first reasonable opportunity, ¼ after the trial
date is set and up to 1/10 after the trial begins.
 OTHER FACTORS
4-OFFENDER'S BACKGROUND
●
The court will want to know if the defendant has
any previous convictions.
●
The courts will look at the pre-sentence reports
prepared by the probation officer. These give
information on the defendant's background to
assess for a community based sentence.
●
Where the offender has medical or psychiatric
problems, medical reports will be taken into
account to decide the appropriate way of
dealing with the offender.
 OTHER FACTORS
●
Where a fine is the penalty imposed, then the
courts will take into account the financial
position of the offender.
 CUSTODIAL SENTENCES
●
A custodial sentence is the most serious
sentence that a court can impose.
●
Section 152 of the Criminal Justice Act 2003
states that a custodial sentence will only be
imposed when neither a fine nor a community
sentence is justified.
●
For young offenders a custodial sentence will
be given as a last resort.
 TYPES OF CUSTODIAL
SENTENCES FOR ADULT
OFFENDER
Mandatory life sentence
●
This is the only sentence that can be given for
murder. The judge can determine, the number
of years of imprisonment before an offender is
eligible for release on license. The starting point
ranges from a full life term to 12 years.
Discretionary life sentence
●
For other serious offences such as
manslaughter,rape and robbery; a life sentence
can be given as the discretion of the judge.
CUSTODIAL SENTENCES:ADULT
OFFENDERS
Fixed-term sentences
●
Imprisonment for a fixed number of months is
called a fixed-term sentence.
●
This is available for all other offences
●
Prisoners will generally serve only half the
sentence.
Home detention curfew
●
This is an early release from prison on the
condition that the person stays at home during
the curfew.
CUSTODIAL SENTENCES:ADULT
OFFENDERS
Minimum sentences
●
There is a minimum sentence of 7 years for
those convicted of dealing in class A drugs.
●
A minimum sentence of 3 years is available for
a domestic burglary.
Suspended prison sentences
●
This is where the offender will only serve the
custodial period if he breaches the terms of the
suspension.
●
This is only given where there are exceptional
 COMMUNITY SENTENCES:
ADULT OFFENDERS
Unpaid work requirement
●
This requires the offender to work between 40
and 300 hours on a suitable project. Eric
Cantona (a famous footballer) was ordered to
give coaching lessons to young footballers.
Prohibited Activity requirement
●
A prime example of this is the prohibition of
carrying paint or wearing a hoodie. Often an
offender may be forbidden to go to a certain
place.
 Curfew requirement
●
Under this, an offender can be ordered to
remain at a fixed address for between 2 to 16
hours in a day. This can be enforced via
electronic tagging or spot checks.
Exclusion requirement
Offenders can be ordered not to go to a certain
place. For example, a shoplifter may be banned
from certain shops.
 COMMUNITY SENTENCES:
ADULT OFFENDERS
Supervision requirement
●
The offender is placed under the supervision of
the probation officer. The offender must attend
all the appointments.
Drug or alcohol rehab requirement
●
This is where, the offender has to be admitted
to rehab to cater to alcohol or drug addiction.
 OTHER SENTENCES
Fines
●
The magistrates court can impose a fine on
individuals or companies who have committed
offences under regulatory legislation.
Discharges
●
There can be a conditional or absolute
discharge.
●
A conditional discharge is where a defendant is
discharged on the condition that no further
offence will be committed
 OTHER SENTENCES
●
An absolute discharge is where no penalty is
imposed. This is where the person is legally at
fault but morally blameless.
 CUSTODIAL SENTENCES:
YOUNG OFFENDERS
●
Custodial sentences to young offenders should
be given as a last resort.
●
Young people need help rather than
punishment and this is best provided by
community sentences.
●
Custodial units for young offenders are called
'universities of crime'.
 CUSTODIAL SENTENCES:
YOUNG OFFENDERS

Young Offender's Institutions

●
Offenders aged 15 to 20 can be sent to this.
●
The minimum sentence is 21 days.
Detention&Training Order
●
Half the period is spent in custody and half in
the community.
Detention for serious crimes
●
The court has the power to order that the
offender be detained for longer periods.
 CUSTODIAL SENTENCES:
YOUNG OFFENDERS
●
For 10-13 years old this is only available when
the crime committed carries a maximum
sentence of 15 years.
Detention at Her Majesty's Pleasure
●
An offender aged 10-17 who is convicted of
murder is given this indeterminate sentence.
The offender is released when suitable.
 COMMUNITY SENTENCES-
YOUNG OFFENDERS
●
An activity requirement
●
A supervision requirement
●
Unpaid work requirement for above 16 year old.
●
A programme requirement
●
An attendance requirement
●
A prohibited activity requirement
●
A curfew requirement
●
An education requirement
 COMMUNITY SENTENCES-
YOUNG OFFENDERS
●
A drug testing requirement.
●
A mental health requirement.
The courts can mix and match these to suit
each individual's requirement.
●
A residence requirement
●
A drug treatment requirement
 OTHER SENTENCES:YOUNG
OFFENDER
PARENTAL RESPONSIBILITY
●
If the parents agree, they can be made bound
to keep their child under control for up to 1 year.
●
If the child commits an offence during this
period, the parents will have to pay a fine.
●
Parents can also be bound to ensure that their
child complies with any community sentence
which has been given.