Transcript Mind Map.ppt

1. Aims of Sentencing
Other Sentences
When passing a sentence the judge/magistrate
will not only look at the sentences available but will
also have to decide what they are trying to
achieve by that sentence.
The CJA 2003 Sets out the following aims:
- Retribution: Is based on the idea of punishment
because the offender deserves punishment for his acts. –
Does not seek to reduce crime or alter the offender’s
future behaviour.
- Deterrence: Two types of deterrence (both aimed at
reducing future levels of crime): Individual deterrence –
intends to ensure that the offender does not re-offend
through fear of punishment. General deterrence aimed at
preventing other potential offenders from committing
crimes.
- Rehabilitation: It is a forward-looking aim, with the hope
that the offender’s behaviour will be altered by the penalty
imposed, so he will not offend in the future (aims to
reduce crime). – This principle came to the fore with the
development of community sentences.
- Protection: Means that in some way the offender is
made incapable of re-offending. – e.g. electric tagging,
driving ban & community based sentences.
- Reparation: Aimed at compensating the victim of the
crime usually be ordering the victim to pay a sum of
money to the victim or to make a restitution, e.g., by
returning stolen property to its rightful owner.
2. Factors in Sentencing
-Level of seriousness
- Aggravating factors
- Reduction of sentence due to guilty
plea
- Offenders Background
- Mitigating Factors
Community Sentences
- Fines
- Unpaid Work
- Conditional Discharge
- Activity Requirement
- Absolute Discharge
- Programme Requirement
- Ban form Driving
- Prohibited Activity Requirement
- Curfew Requirement
Custodial Sentences
- Mandatory life Sentences
- Discretionary Sentences
- Fixed term Sentences
- Extended Sentence
- Minimum Sentences
Sentencing
- Suspended Prison Sentence
5. Types of Sentences
Custodial
Community
Other
3. Sentencing Guidelines
The Sentencing Guidelines Council was set up in 2003 by the
Criminal Justice Act 2003. The Council can issues guidelines
on any aspect of sentencing.
When the Sentencing Guidelines Council decides to make
guidelines, it must consider:
• The need for consistency in
sentencing
•The sentences imposed by courts for offences of the
relevant category
•The cost of different sentences and their relative
effectiveness in preventing re-offending
•The need to promote public confidence in the
criminal justice system
•The views of the Sentencing Advisory Panel.
4. Sentencing Principles
R v Seed; R v Stark 2007 held that
The CJA 2003 contains provisions that ought to reduce the
prison population
S152(2) states that ‘the court must not pass a custodial
sentence unless it is of the opinion that the offence……., was
so serious that neither a fine alone nor community sentence
can be justified for the offence’, and
S153 states that it must be for the shortest term
‘commensurate with the seriousness of the offence’