Slides in this set
Aims of Sentencing
The Aims of Sentencing come from s.142 Criminal
Justice Act 2003
It states that: In sentencing a Defendant, the court
must have regard to:
The need to reduce the crime rate
The need to punish the defendant
The need to change the offending behaviour
The need to deter the behaviour and the public
The need to protect the public
The need to compensate the victim/society…read more
This is the idea that the punishment should fit the
It does not care about the offender, and is only
concerned with what they did.
Examples from our jurisdiction: Prison Sentences
Examples from other jurisdictions: Chemical Castration
(Florida), Death Penalty (America etc.)…read more
Protection of the Public
This focusses on the fact that an individual has the
right to be protected from those who may be a
threat to them. One of the issues with this is that we
are trying to prevent future crimes and therefor
sentencing on the basis of what they might do,
rather than what they have done.
Examples from our jurisdiction: Exclusion orders,
Electronic Tagging, Whole Life Tariff.…read more
This operates on the "fear of future punishment"
and is aimed at attempting to deter D or others from
committing crimes and reducing future levels of
There are TWO types of Deterrence:
General: This works by showing the public the
consequences of a crime with the hope that they will
be put off. Relies on publicity, and individuals thinking
before they act. E.g. Sentences for Rioters, CCTV.
Individual: This is aimed at preventing the D from
committing future offences. E.g. Naming Child
Offenders, ASBO `posters', Custodial Sentences.…read more
Aims to reform the behaviour of the D and assumes
that the problem is with the offender not society.
The main focus is the rehabilitation of the offender,
rather than the offence itself.
Examples from our jurisdiction: Drug and Alcohol
Treatment Orders, Custodial Educational Courses,
Community Orders, Programme Requirement (e.g.
Prevention of Sex Offences)…read more