SENTENCING = AIMS

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  • Created by: Bridie
  • Created on: 12-05-11 20:45

THE ROLE OF THE COURT IS TO DECIDE WHAT SENTENCE SHOULD BE IMPOSED ON THE OFFENDER...

JUDGES AND MAGISTRATES HAVE A FAIRLY WIDE DISCRETION ALTHOUGH ARE SUBJECT TO RESTRICTIONS

MAGISTRATES CAN ONLY IMPOSE A MAX OF 6 MONTHS IMPRISONMENT (for one offence) & max fine of £5,000

HOWEVER IN THE CROWN COURT JUDGES HAVE NO LIMITS! e.g. lfie imprisonment for serious offences and limited fines! ....

AIMS OF SENTENCING...

When judges or magistrates pass a sentence they will not only look at the sentences available, they will also have to decide what they are TRYING TO ACHIEVE...

Section 142 of the Criminal Justice Act 2003 :purposes of sentencing...

  • Reparation (Making up to victims e.g. compensation)
  • Reduction (of crime)
  • Rehabilitations (turn offender's lives around)
  • Protection (of the public & the criminal)
  • Retribution (punishment of offenders for their crime)

Now i will go over them separately for you...

REPARATION

Based on the idea of punishment because the offender deserves this. It does not seek to reduce crime or alter the offender's future behavior.

Idea was expressed in the nineteenth century by Kant when he wrote: "Judicial punishment can never be used merely as means to promote some other good for the criminal

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