SENTENCING - G151 THE ENGLISH LEGAL SYSTEM

?

YOUNG OFFENDER SENTENCING

Custodial Sentences

  • Detention at Her Majesty’s Pleasure for murder if offender is 10–17 years old. An indeterminate sentence the judge will recommend a minimum term.
  • Young Offender’s Institutions for offenders aged 18–20 21 days – maximum for the offence Transferred to adult prison if reaches 21
  • Detention and training orders for offenders aged 12–21 only for persistent offenders if aged under 15 years old 4 months–24 months
  • Detention for serious crimes available for very serious crimes allowing a young person to be detained for longer – up to the maximum for the offence
1 of 11

YOUNG OFFENDER SENTENCING

Community Sentences

  • The Youth Rehabilitation Order brought in by the Criminal Justice and Immigration Act 2008 includes a range of 18 requirements that can be attached to it. Similar to the Community Order but for 10–18 year olds 
  • Activity requirement 
  • Attendance Centre requirement 
  • Supervision requirement (supervision by local social services, a probation officer or a member of the Youth Offending Team) 
  • Unpaid work requirement if 16-years-old or over on conviction 
  • A programme requirement 
  • An education requirement 
  • A local authority residence requirement 
  • Mental health treatment requirement 
  • Drug testing requirement
  • Fines - will depend on the defendants age 10-13 years max £250, 14-17 years max £1000, over 18 years same as adult
  • A.S.B.O
  • Discharges, Repremands and Warnings.
2 of 11

ADULT SENTENCING

Criminal Justice Act 2003 created one Community Order under which the court can combine any requirement they think necessary: 

Community Sentences

  • Unpaid work requirement – 40–300 hours 
  • Programme requirement 
  • Prohibited activity requirement 
  • Curfew requirement – between 2–12 hours in 24 hour period, max period 6 months. Often enforced by electronic tag
  • Exclusion requirement; 
  • Supervision requirement – maximum of 3 years
  • Drug rehabilitation requirement; 
  • Alcohol treatment requirement
  • Attendance Centre requirement – those under 25 
  • Activity requirement 
  • Residence requirement 
  • Mental health treatment requirement.
3 of 11

ADULT SENTENCING

Under the Criminal Justice Act 2003 and the Crime and Disorder Act 1998 demonstrate knowledge and understanding of: 

Custodial sentences 

  • Mandatory life sentences – only sentence available for murder if over 18 years old. Minimum term to be served before release on licence ranges from whole life to 15 years. Tariff set out in CJA (2003) 
  • Discretionary life sentences available for other serious offences but the judge has discretion in imposing a lesser sentence if it is more appropriate 
  • Fixed term sentences automatic release on licence after half sentence is served. Only available if over 21 years old 
  • Home Detention Curfew – early release from prison on a curfew 
  • Indeterminate sentences for dangerous offenders for public protection (abolished December 2012)* 
  • Extended sentences – custodial sentence up to the maximum for the crime followed by an extension period on licence 
  • Minimum sentences for dealing in Class A drugs or a third burglary of a residential building 
  • Suspended sentence of 28-51 weeks suspended for up to two years – sentence only has to be served if the offender commits further offences.
4 of 11

AIMS OF SENTENCING - PUNISHMENT

Describe the 3 aims of sentencing as set  out in the Criminal Justice Act 2003:

  • Punishment-

Retribution for wrongdoing's, society's revenge for the offence.'Let the punishment fit the crime'; 'an eye for an eye'. Baced on proportionality or 'just deserts' it contains an element of denunciation- societys outrage at the offence commited. Most sentences fulfill this aim- life sentence for taking a life.

5 of 11

AIMS OF SENTENCING- DETERRENCE

Reduction of Crime- this includes Detterance and Rehabillitation

  • Detterance has two types-
    • Individual Detterence- Aimed at a particular offender to put him/her off re-offending by either a very severe sentence e.g. Custodial Sentence or a fine, or by the threat of imprisonment e.g. a suspended sentence or conditional dischange.
    • General Detterance- Aimed to put society off commiting crimes by exemplary sentences or minimum sentences. These are not concerned with fairness and may be harsher than the usual tariff for the offence so they can lead to injustice in particular cases e.g. very severe sentences for theft of mobile phones on the street.
6 of 11

AIMS OF SENTENCING - REHABBILITATION

Reduction of crime- this includes Detterance and Rehabillitation

  • Rehabillitation-

This is a forward looking aim that aims to reform the offender to stop them from reoffending. It is folcussed on the longer term looking forward at the potential of the offender to reform, e.g. Drug Rehabilitation Order. It is now accepted that custodial sentences only have very limited rehabilliative effect- particulary folcussed on Young Offenders.

7 of 11

AIMS OF SENTENCING - PROTECTION OF THE PUBLIC

  • Protection of the Public-

By preventing the offender form reoffending this protects the public from dangerous or violent offenders. It is achieved by incapasitating the offender e.g. imprisonment, drivig ban. This can take the form of extended sentences.

8 of 11

MITIGATING FACTORS

Mitigating Factors make the sentence more leanient

  • Early Guilty Plea (1/3's the sentence if at the earliest possible opportunity)
  • Provocation
  • Previous Good Character
  • Spur of the Moment Crime
  • Mental Health Problems
  • First Offemce/ No Antecedence
  • Shows Genuine Remorse
  • Finantial/ Dependency Issues
9 of 11

AGGREVATING FACTORS

  • Previous Offence of the Same Nature or relevant to the Offence.
  • Defendant is part of a Gang
  • Racial or Religious Hostility Involved in the Offence
  • Hostility ot Disability or Sexual Orientation involved in the Offence
  • Attempting to Conceal or Destroy Evidence
  • Offence Committed While on Bail
  • The Use of a Weapon
  • Vulnerable Victem -Child, Disabled or Elderly.
10 of 11

EFFECTIVE?

  • Custodial sentences are likely to prevent a young offender from commuting crimes whilst they are detained but many reoffend when they are released. For those that do not reoffend it could be said to be successful in preventing Crime.
  • All the requirements that can be attached to a Youth Rehabilitation Order are aimed at preventing further offending and the fact that it is possible to mix and match allows the court to pick the most appropriate for each offender.
  • A curfew requirement should prevent a Young person from further offending in the short term as it makes it difficult to offend without getting caught.
  • A  supervision requirement may help prevent offending so long as the person supervising has reasonable workload. If they have too many people to supervise however, it may not be effective.
  • Any of the requirements that detail with substance abuse may be effective in preventing further offending but only if the young person wants to give up drugs or  alcohol.
  • Reperation Order aimed at making the young offender realise the impact of their reoffending and empathise with the Victem which could prevent further offending.
  • Fine do tend to be very successful as it is often the parents who pay the fine.
11 of 11

Comments

No comments have yet been made

Similar Law resources:

See all Law resources »See all Sentencing resources »