Sentencing

Magistrates Court

• 6 months in prison
• £5,000 fine
• Youth Detention & Training Order up to 2 years

Crown Court

• Unlimited fine
• Life imprisonment

The length of the sentence will be determined by the court, after looking at;

• age of offender
• seriousness of offence
• likelihood they will reoffend
• extent of harm from further offences.

• It rests on the notion that if a person has knowingly done wrong, they deserve to be punished.
• It is taking revenge on behalf of the victim and society.
• R v Wright (2008); Steve Wright was found guilty of being Ipswitch's serial killer.

Advantages

• It is a deterrent
• It protects the public
• Justice for families
• Gives public faith in criminal justice system
• It takes away liberty which is the worst thing a country can legally do.

Disadvantages

• Creates feelings of revenge
• No literal eye for an eye for every crime
• Miscarriages of justice

• This views crime as a type of harm that society wishes to erdicate, forward-looking.
• Individual deterrence; this is punishing an individual offender in the expectation that they will not offend again.
• General deterrence; this is about showing other perople what is likely to happen to them if they commit a similar crime.
• R v Healey (2002); Dean was sentenced to 4 years for stealing a mobile from a 17 year old.

Advantages

• Shock factor
• Public protection
• Cracks down on crimes that society wish to condemn

Disadvantages

• Rules of law; no equality
• Relies on publicity
• Doesn't work for impulse crimes.

• This is societies disapproval of the offenders criminal behaviour.
• The sentence send a message to both the defendant and public
• Tax avoiders should be 'named and shamed' to discourage people from using legal loopholes.
• The government website 'in the Docks' was made to name and shame offenders.

Advantages

• Maintains respect for the law
• In the public interest
• Sends a clear message of intolerance

Disadvantages

• Mistaken identity
• Creates feelings of revenge
• No equality before the law
• No rehabilitation

• The offender is made incapable of re-offending.
• An example is prison by placing an offender in cusody, they are prevented from committing further offences.
• It is costly as the average is £40,000 per prisoner per year)
• Other examples; Death penalty, driving bans and curfew orders.

Advantages

• Protects society
• Justice for victim/ family
• linked to retribution.

Disadvantages

• Expensive
• Counterproductive; pick up new techniques from prison.

• Reforming offenders so they are less likely to reoffend, they bring back offenders into society by seeking to educate and them to see the error of their ways.
• It is forward looking, looks at the need of the offender
• Bottoms & Preston argue that rehabiliative sentences are flawed, assume all crime is the result of some deficiency.

Advantages

• Highly effective for young or first time offenders
• Forward looking

Disadvanatges

• Barrier of criminal record
• No justice for the victim
• Inconsistency in sentencing

• It is aimed at compensating the victim of the crime
• This can sometimes be the defendant paying a sum to the victim
• Many violent criminals are less liekly to commit further offences.
• The victims symptoms of post-traumatic stress disorder are reduced.
• It is cheaper and different to compensation.

Advantages

• When a victim chooses to meet the offender it makes them feel safer & satisfied that there has to be justice
• Evidence that defendant less likely reoffend
• Defendant sees how the vicitm has been affected.

Disadvanatges

• Involves the participation of both parties
• Defendant may not pay the sum of money.