Sentencing

A brief summary on sentencing for AS law students

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emileeyjoy
Sentencing aims:
Retribution
Deterrence
Protection/incapacitation
Rehabilitation
Reparation
denunciation
Sentences available:
Custodial
Community order with requirements, e.g.:
a) Supervision
b) Unpaid work
c) Curfew
d) Drug treatment
Fines
Conditional/absolute discharge
Special powers for young offenders:
Detention and training orders
Attendance centres
Supervision order
Action plan order
Reparation order
Reprimands/warnings
Referral to youth offending panels
1. These are concerned with the purpose or objective that the sentencer or policy-maker is seeking to achieve.
2. There are different sentencing aims that recognise the different needs of the offender, the victim and society.
These needs may be in conflict.
3. Changes in the penal policies can lead to one or more sentencing aims being preferred over others.

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The purposes of sentencing are now set out in statute (s124 of the Criminal Justice Act 2003). For offenders over
18 the court must have regard to:
The punishment of offenders;
The reduction of crime (including its reduction by deterrence);
The reform and rehabilitation of offenders;
Protection of the public; and
The making of reparation by offenders to persons affected by their offences
Retribution:
1. Also referred to as punishment.…read more

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Reparation or restitution:
1. There has been an increasing concern that victims are not adequately considered when sentencing the offender.
2. Compensation orders are used instead of or in addition to the sentence imposed on the offender as reparation
to the victim.
3. If the court does not make a compensation order when it has the power to do so, then they must give reasons
for not doing so (s130 under the Powers of Criminal Courts (Sentencing) Act 2000).
4.…read more

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