Sentencing

Sentencing 

Deterrence (Individual) - aimed at discouraging offenders from offending again.

Method : 

•  severe sentence (e.g custodial sentence/ fine) or
• by threatening imprisonment (e.g a suspended sentence or conditional charge).
  
  

  Deterrence (General) - aimed at discouraging society from comitting crimes in the form exemplary or minimum sentences.

• problem... the deterrent reduces everytime an offender serves the sentence. annnnndddd
  sentences only serve as a deterrent if there is effective enforcement
  
  
• Rehabilitation- aims to reform the offender to stop them offending any longer by looking at their potential of the offender to change their ways with education, training and help.
  
  

  -become a way of dealing with the growing prison population

• community charges are more likely to reform an offender than custodial sentences because it gives the offender a sense of accomplishment.

Powers of the Courts
Custodial sentences available for adults
Under the Criminal Justice Act 2003 and the Crime and Disorder Act 1998, custodial sentences available for adults include…

- Mandatory life sentences are available to adults. This is the only available sentence for the crime of murder if the offender is over 18 years old. The minimum term to be served before release on licence ranges from 15 years to the rest of the offenders life. Tariffs for mandatory life sentences are set out in the Criminal Justice Act 2003.

-Discretionary life sentences are also available for adults who commit other serious crimes but the judge can impose a lesser sentence if it is more appropriate

-Fixed term sentences are available for those who are 21 years old and over. Only half of the sentence is served if the good behaviour is shown.

-Home detention curfew is a sentence which is early release from prison on a curfew

-Indeterminate sentences are available for adults for dangerous offences to protect the public from harm.

-Extended sentences are custodial sentences available for adults where they serve the full sentence of their crime and then it is followed by an extension on license.

-Minimum sentences are available sentences for adults who have been imprisoned for dealing Class A drugs.

-Suspended sentences are sentences of 28-51 weeks suspension after serving a prison sentence of up to two years. Sentence of suspension only has to be completed if the offender re-offends.

Community sentences available for adults
Generic ‘Community Order’ sentences are available under the Criminal Justice Act 2003 which includes 12 requirements for the offenders to complete if they are aged 18+. The sentence can be a mix of the requirements.

Some of…