3 pages of everything you need to know about sentencing.

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  • Created on: 25-05-10 17:08
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RETRIBUTION ­ Punishing the offender for the act he has committed. This will normally apply
to serious offences, such as murder. The offender is seen to receive their `just desserts' or
an `eye for an eye'. "Let the punishment fit the crime."
DENUNCIATION ­ This means society can express it's disapproval of criminal activity. The
sentence reflects how society thinks about the crime, and will be disproportionate to the
crime that has been committed. E.g. paedophilia, drink driving.
INDIVIDUAL DETERRENCE ­ Aims to put the particular offender off from committing further
offences by giving them a `short, sharp, shock'. It tries to give the offender a scare of
additional punishment. E.g. Heavy fine and a suspended sentence.
GENERAL DETERRENCE ­ Aims to reduce crime by putting society off from committing a
particular criminal offence. They pass an exemplary sentence (e.g. a harsh penalty) to set an
example to the rest of the public. E.g. R v Whitton
The aim is to reform and rehabilitate the offender through education and training so they are
less likely to offend. Leads to the use of individualised sentences rather than tariff sentences.
(e.g. not a maximum or minimum level of sentencing) Main for young offenders.
Also known as incapacitation, and means the offender is incapable of reoffending by
removing them from society or restricting their freedom. E.g. prison sentence, electronic
tagging, curfews.
Sometimes referred to as `restorative justice' and aims to give back to the victim of the
crime and the society as a whole.
Sentencing Practice
The judge/magistrates will consider a number of factors:
Offence details
Has the defendant pleaded guilty or not guilty?
How serious is the offence?
Was it planned? Pre-meditated?
Was the defendant part of a gang?
Did the offender show any remorse?
Was the victim vulnerable?
What is the effect on the victim?

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Reports on the offender
Antecedents report ­ Criminal records, bail record, etc (for prison)
Pre-sentence report ­ Education, employment, personal background, etc (community order)
Medical/financial status ­ Mental disorders, financial status, etc. (for fines)
Aggravating and mitigating factors
The judge will weight up whether offence details and reports are A or M factors. Aggravating factors
may result in a harsher sentence, e.g. the presence of a weapon. Mitigating factors may result in a
lesser sentence, e.g.…read more

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Unpaid work ­ 40-300 hours of work to be completed within 12 months. E.g. gardens,
Programme ­ To be completed within 3 years. E.g. anger management, confidence building.
Curfew ­ Remain at a specified place for a space of time per day.
Exclusion ­ Not allowed in a specific place for up to 2 years.
Drug or alcohol treatment ­ Consent to treatment for drug/alcohol dependency.
Most common sentence imposed by courts for less serious offences.…read more




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