Sentencing

What is the role of the courts and their restrictions? Maximum sentences for each type of offence are set by Parliament; e.g. Theft- 7yr maximum Minimum sentences only exist for repeat offenders; e.g. burglary has a minimum of 3years for third time offenders. The Crime (Sentences) Act 1997 introduced both minimum sentences as well as an automatic life sentence for a second serious/violent offence- unless there are exceptional circumstances. Murder is the only offence with a mandatory sentence-life imprisonment- and apart from murder, The Crown Court is only limited in sentencing by the maximum penalties for offences. They have complete freedom to choose sentences. However, Magistrates can only give a maximum of 6 months imprisonment and a maximum fine of 5000, although if they feel their sentencing powers are inadequate for triable either way offence, they can refer a defendant to the Crown Court. There are four main sentence types: Custodial, Community, Fines and Discharges.

What are the aims of Sentencing? When passing a sentence judges/magistrates have to decide what they are going to achieve. The aims are set out in Section 142 of the Criminal Justice Act 2003: To punish offenders. To reduce crime. To reform/rehabilitate offenders. To protect the public. To allow the making of reparations by offenders to persons affected by their crimes.

What is retribution? This is when the offender is punished for the crime they have committed because they deserve it, and this type of punishment usually applies to serious offences i.e. Murder. It is not meant to reduce crime or change the offenders behaviour. Crudest form of Retribution comes from old saying an eye for an eye, a tooth for a tooth and a life for a life. What is Denunciation? This is when the public and society show how much they disapprove of criminal activity. The type of sentence shows what they think about the crime and shows that justice has been done. it reinforces moral boundaries of acceptable conduct.eg. Drink driving is now seen as unacceptable.

What is Incapacitation? This is when the public is protected from offenders because they are incapable of reoffending this is done by removing them from society or by giving them little freedom eg. Prison sentence or electronic tagging and curfews. The ultimate method is the death penalty. What is Deterrence? There are two types of deterrence: 1. Individual- aims to stop offenders committing further offences by giving them, prison sentences, suspended sentences or fines, this gives the offender a scare but doesnt always work, 55% usually reoffend within 2 years. 2. General-reduces crime by putting society off from committing a particual offence. They pass an exemplary sentence ie. Harsh penalty to set examples to the public eg. R v Whitton What is rehabilitation? Aims to put offenders through education and training so they are not likely to offend again, it changes their behaviour so they can go back into society. This hopes to reduce crime and is used for Young offenders. Sentences are individualised and selected for the individual offender which can lead to inconsistency. What are reparations? These aim to give something back to the victim of the crime and society with something such as compensation off of the offender or if property was stolen they have to return it, it can be paid back to society through unpaid work. What are offence factors and offender factors? These factors are considered in sentencing: Offence factors- things relating to the seriousness of the crime- aggravating factors increase seriousness whilst mitigating factors decrease; for example if a weapon was involved this is an aggravating offence factor Offender factors- can also be mitigating or aggravating and include the offender's background, medical report, financial situation and previous convictions.

What do Judges/Magistrates consider when deciding a sentence? The judge/magistrates will consider a number of factors: Has the defendant pleaded guilty or not guilty? How serious is the offence? Was it planned?

Was the defendant part of a gang? Did the offender show any remorse? Was the victim vulnerable? What is the effect on the victim?

What happens when the offender pleads Guilty? The sentence is usually reduced if the offender pleads guilty to the offence, especially if it is made early on, they will get a 1/3 reduction. If they plead guilty after the trial has been set but before it commences they will get a 1/4reduction and is they plead guilty at the trial they will get a 1/10 reduction. What are the sentencing guidelines? Sentencing Guidelines Council & Advisory Panel- Introduced a set reduction in prison sentence for early guilty pleas. (e.g. Door of court/trial begun 10% reduction, After trial date is set 25% reduction, etc) Court of Appeal- Sometimes issue guidelines after hearing a number of appeals from same area. E.g. theft. Crime (sentences) Act 1997- Introduced minimum sentences for certain repeat offenders. (e.g. Automatic life sentence for repeat offenders for indictable offences, such as rape and robbery) Statutory maximum- Judge must look within an Act of Parliament to find the maximum sentence they can give. (e.g. Rape, min 5 year, max life)

What are custodial sentences? These are the most serious punishments that the courts can give out. They can range from a weekend in prison to a life in prison. They include: Mandatory and discretionary life sentences Fixed term sentences Custody plus (short term) Intermittent custody Suspended sentences

These should only be used when the offence is 'so serious that neither a fine alone nor a community sentence can be justified'- Section 152 of the Criminal Justice Act 2003. There are 2 main types: fixed term and life sentences. What are mandatory and discretionary life sentences?

No fixed length or release date given, but judge will recommend a minimum number of years depending of crime severity. Three categories for murder were set out in the Criminal Justice Act 2003: Category 1- actual life for things such as multiple murders.

Category 2- starting point of 30years; e.g. for murderers of police. Category 3- starting point of 15years. Having served the minimum years recommended, the prisoner can be released 'on licence' if they aren't a danger to the public. However, they can be recalled to prison at any time. Life sentences are mandatory for murder, but can be given for very serious crimes such as rape or manslaughter.

What are fixed-term sentences? The length of the sentence depends of many factors, including the maximum time available for that offence, the seriousness of the offence and the defendants previous convictions. The time in prison is for a set number of years or months but only aged 21 or over. They only serve half of their sentence unless it is a minimum sentence given. Offenders get early release as a reward for good behaviour. What is a suspended prison sentence? These can be given in exceptional circumstances. If a prison sentence is under 2 years in length, it can be suspended for up to 2years, and the person doesn't have to serve unless they commit another offence during the suspension period. If another offence is committed, the person usually serves a sentence for both offences. What is a Home Detention Curfew? It was introduced by the Crime and Disorder Act 1998 it allows prisoners with sentences between 3 months and 4years to be released early as long as a curfew is included in the conditions, but they can be recalled to prison at any time. What are community Sentences? Section 177 of the Criminal Justice Act 2003 created a community order for offenders aged 16 years and older. The court can combine any of the following requirements: Unpaid work 40-300 hours of work to be completed within 12 months. E.g. gardens, roads. Programme To be completed within 3 years. E.g. anger management, confidence building. Curfew Remain at a specified place for a space of time per day. Exclusion Not allowed in a specific place for up to 2 years. Drug or alcohol treatment Consent to treatment for drug/alcohol dependency.

There has to be a minimum of 1 requirement but there can be no more than 4. What fines can be given? This is the most common type of sentence given by the magistrates even though they can only give up to a 5000 fine and a 20,000 fine to a business. These are very effective but

most people dont pay them. The fine is paid to the Crown Court and not the victim of the crime.

What are discharges? There are 2 types of discharges:

Conditional discharges- where offenders are on the condition that no further offence will be committed during a set period of time up to 3 years. Absolute discharges-they impose no penalty; the offender is free to go. This is used where an offender has technically committed an offence, but is morally blameless.

What are other court powers?

Disqualify offender from driving- 12 months for first drink driving offence. Order compensation to be paid to victims- compensation and restitution orders. Deprivation and forfeiture orders- making offenders give up property that has been used to commit an offence. Deferred sentences- for up to 6 months a sentence can be put off if the offender's circumstances are about to change so punishment is unnecessary. Special powers regarding mentally ill offenders: -Give community order with mental health requirement, where condition is treatable without staying in hospital. -Make hospital order to give offender appropriate treatment as in-patient. -If offender is a danger to the community, they can make a restriction order to send the offender to a secure hospital.

Young Offenders
It is believed that Y.Os have less responsibility for their actions than adults and need help not punishment. Main aim is rehabilitation. Those under 10 years of age cannot be found guilty of a criminal offence, 18 and under dealt with in the Youth Courts. What are custodial sentences for young offenders?

Young Offenders Institutions- offenders aged 18-20 can be sent for a minimum of 21 days. Detention and Training Orders- made by the Crime and Disorder Act 1998. Order can be passed on offenders age 12-21years old and Home Secretary can extend this to include 10-11 years olds if it's necessary to protect the public. If an offender is younger than 15, they must be a repeat offender. They will be sent to a Young Offenders Institution for a minimum of 4 days and a maximum of 24 months, Detentions for serious crimes- for offenders aged 10-13years if offence carries a maximum Sentence of 14 years, or for indecent assault. For offenders aged 14-

17years e.g. for causing death by dangerous/careless driving whilst under the influence of drink/drugs. Detention at Her Majesty's Pleasure- any offender aged 10-17years convicted of murder can be detained at HM's pleasure. The judge recommends a minimum term and the Lord Chief Justice sets the tariff.

What are community sentences for Young Offenders?

Youth Rehabilitation Orders- one community sentence (as with adults) and different requirement may be mixed and matched (see 'Adult Community Sentences' for requirements). Attendance Centre Orders- offender must go to a special centre for a few hours a week under the supervision of the probation service- maximum of 24hrs for 10-15yr olds and maximum of 36hrs for 16-20yr olds. Supervision Orders- offender placed under supervision of social services, probation office or Youth Offending Team for up to 3years. Action Plan Orders- for offenders aged 10-17 years, this was introduced by section 69 of the Crime and Disorder Act 1998. It is a three-month programme combining aims of punishment, reparation and rehabilitation, and the offender is required to do things such as make reparation and participate in set activities.

What fines can be given to Young Offenders?

Over 18- Magistrates. Court maximum is 5000, unlimited maximum for the Crown Court. 14-17yrs old- Maximum fine is 1000. 10-13yrs old- Maximum fine is 250.

What are the discharges for Young offenders? They are exactly the same as Adult Offenders. What are the Reprimands and Warnings for Young Offenders? This is a way of dealing with a first time young offender- who admits guilt- without bringing the case to court. The reprimand is the first step, unless the crime is very serious and requires a warning. When warned, a child is referred to a Youth Offending Team (see below). What are the Parental Responsibilities for Young Offenders? An offender's parents can be bound for up to a year to take proper care and properly control the young offender. If another offence is committed during this time, the parents forfeit a sum of money up to 1000.

What are Parenting Orders for Young Offenders? A parent can be required to attend counselling/guidance sessions, or the court can make a parenting order where:

The court makes a child safety order. The court makes an ASBO or sex offender order. A child is convicted of an offence. A parent is convicted of an offence relating to truancy under the Education Act 1996.

What are Youth Offending Teams? These were set up under the Crime and Disorder Act 1998- its the local authority's duty to establish one or more in their area. The idea behind it to bring together people from different agencies involved with young people; a YOT must include:

a probation officer; a representation of the local authority; a local authority social worker; a police officer; a person nominated by the chief education office.

Any offender can be referred to the team by the youth court and any offender who has received a warning must be referred. Restorative Justice Not just for young offenders- this process uses the idea that everyone should work together to restore the victims and offenders to a supportive community and avoid stigma and other negative effects that offenders suffer following the court process. It involves the victim and offender meeting each other as well as meeting relevant members of the community, with the aim being the rehabilitation of the offender and the recovery of the victim. It is supposed to be diversionary- it hopes that if offenders see the effects of their crimes first hand, that they will turn away from crime. Furthermore, it aims to make it easier for the offender to go back into the community, and for the community to accept them. What are Sentencing Issues?

Too many people sent to prison? The Nov. 2009 population was 85,000. This was a 14,000 increase over the last 8yrs and a 40,000 increase over the last 18yrs. This results in overcrowding and poor conditions. Each year, about one hundred people commit suicide in prison. Half of all convicted criminals reoffend within two years. Prison appears to have a limited reformative effect on both adults and young offenders. The average cost per prisoner is 2000 per month. The number of female prisoners has increase by 50% in the last 10yrs, leaving 18,000 children separated from their mothers.