Adult sentencing guidelines essay plan

PLEASE DOUBLE CHECK ALL FACTS, SECTIONS AND CASES AS THE LAW CHANGES SO FREQUENTLY THAT FACTS COULD NOW BE OUT OF DATE AND SOME FACTS MAY BE INCORRECT

Example questions:

• Explain the use of guidelines in the sentencing of adult offenders [11]

Introduction:

• Sentencing is carried out by the Sentencing Council
• The guidelines were established by the Coroners and Justice Act 2009 
• The Sentencing Council replaced the Sentencing guidelines Council
• Aims to encourage transparency and consistency in sentencing

1) 5 aims of sentencing

• The council look first at the 5 aims of adult sentencing and decide from there what type of sentence should be applied
• Aims of sentencing:
  • Retribution - 'Eye for an eye' principle
    • This aim is effective at getting justice but unaffective at reducing crime
    • Sentence that upholds aim
      • Determinate sentences (Court decides maximum prison sentence)
  • Protection of the public - Offender is made incapable of reoffending
    • Sentences that uphold the aim:
      • Custodial sentence - s152 Criminal Justice Act 2003 (CJA) - "so serious neither…