Sentencing - Overview

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Types of Sentencing

S.143(1) - In considering seriousness of offence, court must consider offenders culpability in committing offence + harm which offence caused/Intended to cause/Might reasonably forseeably have caused


  • Most severe punishment - 21 years + 
  • Removal of offenders liberty
  • Whole lives affected, may lose jobs, homes and families as a result of prison sentence
  • Under Criminal Justice Act 2003 S. 152 - court can only pass custodial sentence if it thinks offence is so serious that neither fine nor community sentence can be justified,
  • Also imposed to protect public from violent/sex offenders
  • Powers of Criminal Courts Act 2000 - Lays down minimum sentences for some crimes
    • Person will receive sentence of 7yrs for 3rd Class A drug trafficking offence
    • Minimum of 3yrs for 3rd conviction of domestic burglary
  • Early Release - Sentenced less than 4yrs will be released after serving half
    • Those serving longer will have to serve…


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