1. Principles and Types

2. Sentencing... Very popular in exams Aims of sentencing can come up in part (a) or (b) Will also need to know the range of sentences available as well as the factors that are taken into account by the courts Also like to ask questions about the merits of different types of sentence so wider reading on effectiveness and use of empirical evidence will get you higher marks Important to remember that the aims of sentencing can differ between adult and youth offenders (particularly in part (b) questions)

3. The role of the courts... It is the responsibility of the Magistrates/Judge to pass sentence on the defendant in 2 circumstances: Where D has been found guilty following a trial Where D has pleaded guilty to an offence prior to trial Judges/Magistrates have fairly wide discretion in the sentence they can select. However they do face certain restrictions: Magistrates’ Court? Crown Court?

4. What does the graph below tell you about the seriousness of offences being dealt with by the different types of court?

5. Statutory restrictions are also in place on sentencing: Each crime has a maximum penalty for that type of offence set by Parliament Theft has a maximum sentence of 7 years in prison Manslaughter has maximum sentence of life imprisonment Court still has a wide discretion within these maximum sentences, depending on the circumstances of the offence Murder – mandatory life sentence – no other sentence available

6. Aims of Sentencing... 5 main aims behind sentencing as laid down in s142 Criminal Justice Act 2003: 1. Punishment of offenders 2. Reduction of crime – mainly through deterrence 3. Reform and rehabilitation of offenders 4. Protection of the public 5. Making of reparation by offenders to persons affected by their crime

7. Young offenders are further dealt with under s142A CJA 2003 which states that in addition to the 5 main aims, the court must have overall regard to ‘...preventing offending (or re-offending) by persons aged under 18’ There is a further societal aim to sentencing and that is denunciation of the crime by the offender – dealt with through the other aims

8. Punishment/Retribution... Idea is that the offender deserves to be punished for his crime – a blunt tool Does not seek to reduce crime Does not seek to stop reoffending in future or alter offenders behaviour ‘Judicial punishment can never be used merely as a means to promote some other good for the criminal himself or for civil society, but instead it must in all cases be imposed on him only on the ground that he has committed a crime’ Metaphysical Elements of Justice, Kant Concerned only with the offence that has been committed making sure that punishment inflicted is in proportion to that offence

9. “An eye for an eye and a tooth for a tooth and a life for a life” Crudest form of retribution but repeatedly used to justify the death penalty Anecdotal evidence from the USA has shown that one judge has used the idea in a burglary case and allowed the victim to go to the offenders house and remove property to the value of that stolen Would this always work in practice?

10. Retribution is based on the idea that each offence should have a certain tariff or level of sentencing The Sentencing Council produces guidelines for both Mags and Crown Court Coroners and Justice Act 2009 – all guidelines must include a starting point for sentencing and a range for the offence “when sentencing an offender for an offence...a court must follow any relevant sentencing guidelines, unless it is contrary to the interests of justice to do so” Allows exceptions where case before the court does not sufficiently resemble any of the cases in the guidelines

11. Can you think of any problems with the idea of guidelines for sentencing? Very little discretion for judges Can leave little scope for courts to impose sentences aimed at reforming the offender The main benefit of guidelines? Certainty and consistency in sentences

12. Deterrence... Can be individual deterrence or a general deterrence Individual deterrent – intended to ensure that the offender does not re-offend through fear of future punishment General deterrent – aimed at preventing other potential offenders from committing crimes Aim is to reduce future levels of crime

13. Individual deterrence... What types of penalties would act as deterrents? Prison sentence Suspended sentence Heavy fine Statistics show however that prison is not an effective deterrent to individuals 55% of adult offenders reoffend within 2 years of release Do you think the rate is higher or lower for young offenders? Over 70% of young offenders reoffend within 2 years.

14. What do you think is the main problem with the idea of sentencing as a deterrent? It assumes that offender will stop and consider the consequences of his actions Most offences are committed on the spur of the moment Many committed by offenders under the influence of alcohol These offenders are particularly unlikely to stop and think of the consequences of their actions

15. It has also been pointed out that it is the fear of being caught is a more effective deterrent than fear of punishment Despite the fact that crime detection rates are low, fear of punishment is too remote for most people to contemplate CCTV is a good example of a deterrent In 1 year after the installation of CCTV on the District Line on the London Underground, there was an 83% reduction in crime

16. General deterrence... Value of general deterrence is even more doubtful than individual deterrence Why? Courts do occasionally make examples of offenders but this does rely on publicity of sentence London riots 2011 Operation Yew Tree Why does this seem to be in conflict with the general principle of retribution? It involves a longer term sentence than is actually deserved for the offence Often considered to be the least effective and least fair principle of sentencing

17. Reform & Rehabilitation... Main aim is to reform and rehabilitate the offender into society It is a forward looking-aim – hoping to alter the behaviour of the offender in the future, through the penalty imposed Hopes to stop reoffending in future leading to an overall reduction in crime More prevalent in the second half of the 20 th Century with a change in social attitudes Community sentences can include things like Drug Rehabilitation Requirements which will have a very specific aim

18. Reformation is a very important principle in the sentencing philosophy for young offenders s142A Criminal Justice Act 2003 For both adult and young offenders the court will be given information about the D’s circumstances and background Provided in a pre-sentence report by the Probation Service Can also consider other factors such as school reports, job prospects or medical conditions

19. Where the court considers rehabilitation, the sentence is a particularly individual to the needs of the offender This appears to be in direct contrast with the tariff system as seen in retribution Therefore one of the criticisms of the rehabilitation principle, is that it can lead to inconsistency in sentencing with people committing the same offence and receiving different sentences Another criticism is that the offenders from less privileged backgrounds are often given harsher sentences because they are considered to have less prospect as candidates for reform

20. Protection of the public... Idea is that members of the public need to be protected from dangerous offenders This is why life and long sentences are given to those who commit the most serious offences such as murder, manslaughter or serious violent or sexual offences S225 CJA 2003 introduced a provision for serious offences that where court is of the opinion that there is a significant risk to members of the public of harm being caused by D in future, court must send D to prison for the protection of the public S228 CJA 2003 also has provision for extended sentences to be given where it is thought necessary to protect the public Adds an extra period to D’s sentence during which he is freed on licence

21. Less serious offences can also be used in the protection of the public R v Winkler (2004) – D committed an affray in Manchester when attending a football match in which Oldham Athletic were playing Judge banned D from going to Oldham town centre on home match days and also banned him from going within half a mile of any football stadiums – both exclusion orders for 6 years Other methods: Banning dangerous/drunk drivers Curfews Electronic tags etc

22. Reparation Aimed at compensating the victim – usually through monetary compensation Could also be ordering the D to make restitution e.g. Returning stolen property to the rightful owner Very historical idea dating back to pre-Norman times The courts are actually required (s130 Powers of the Criminal Courts (Sentencing) Act 2000) to order compensation for the victim or state the reason why not appropriate in the circumstances

23. There are some projects that bring offenders and victims together (by letter or face to face) so that offenders may make direct reparation through apologies and explanations Why? Also includes making reparation to the society as a whole e.g. Unpaid work requirement on community order etc

24. Denunciation... Why do you think that society needs to denounce criminal activity? “Punishment is the way in which society expresses its denunciation of wrongdoing: and in order to maintain respect for the law it is essential the punishment inflicted for grave crimes should adequately reflect the revulsion felt by the great majority of citizens for them.” Denning – Royal Commission on Capital Punishment Reinforces the bond between law and morality Major change to attitude in drink driving in the last 30 years