Sentencing

The prinicples behind setencing are set out in Section 142 of the Criminal Justice Act 2003 and are as follows:

• Retribution
• General Deterrence
• Individual Deterrence
• Rehabilitation
• Reparation
• Denunciation
• Reparation
• Protection of the Public

Retribution

• Punishment imposed in proportion to the seriousness of the crime; punishment because it is deserved.
• Tariff sentences

Individual Deterrence 

• The offender is deterred through the fear of further punishment
• Prison sentences and heavy fines

General Deterrence

• Potential offenders are warned as to the likely punishment
• Long sentence as an example to others

Rehabilitation

• Aims to reform the offender's behaviour
• Individualised sentences and community orders

Protection of the Public

• Offender is made incapable of comitting further crime and society is therefore protected
• Long prison sentences, curfews with tagging and banning orders

Reparation

• Repayment and reparation to the victim and the community
• Compensation orders, unpaid work and reparation schemes

Denunciation

• Society expresses its disapproval towards the crime
• Reinforces moral boundaries
• Publicity, unpaid work and "naming and shaming"

There are a number of factors which will be taken into consideration when deciding on the severity of a sentence:

• Aggravating factors - facts of the case that make the sentence more severe
• Mitigating factors - facts of the case that make the sentence more lenient
• The serious of the crime
• Antecedents of the offender, including any reports 
• Motive
• Early guilty plea (can reduce the sentence by up to a third)
• Sentencing guidelines/tariff

Under the CJA 2003 and the Crime and Disorder Act 1998, custodial sentences available for adults include:

• Mandatory life sentences - only sentence available for murder. Minimum term to be served before release on license ranges from whole life to 15 years.
• Discretionary life sentences are available for other serious offences but the judge has the right to impose a lesser sentence if more appropriate
• Fixed-term sentences where there is automatic release after half sentence is served. Only available if over 21
• Home Detention Curfew - early release from prison with a curfew
• Indeterminate sentences for dangerous offenders - public protection
• Extended sentences - custodial sentences followed by an extension period on license
• Minimum sentences for dealing in class A drugs or a third burglary of a residential building
• Suspended sentence of 28-51 weeks suspended for up to two years - meaning the sentence only has to be served if the offender commits futher offences.

Community Sentences:

• Community Order under the CJA 2003 which can include a range of 12 requirements - can be mixed and matched
• Unpaid work requirement - in community (40-300) hours
• Supervision Requirement - the offender is put under the supervision of a probation officer
• Drug treatment and testing requirement
• Curfew requirement - may include electronic tagging

Other sentences:

• Fines unlimited in Crown Court; Limited to £5,000 in Magistrates' Court
• Absolute and Conditional Discharges
• Disqualification from driving

• Detention at Her Majesty's Pleasure for murder if offender is 10-17 years old - an indeterminate sentence, with the judge recommending a minimum term
• Young Offender's Institutions for offenders 18-20 y.o - can be from 21 days up to a max for the offence; offender will be transferred to adult prison if 21 y.o before release date
• Detention and training orders for offenders 12-17 y.o - only for persistent offenders. If under 15 then length ranges from 4 to 24 months 
• Detention for very serious crimes is available, allowing a yound person to be detained for longer - up to a max for the offence

Youth Rehabilitation Order from the Criminal Justice and Immigration Act 2008 inlcudes a range of 18 requirements that can be attached to it. Similar to the adult Community Order.

• Activity requirement
• Attendance centre requirement 
• Supervision requirement (local social services, probation officer or member of YO team)
• Unpaid work requirement only available if over 16 years
• Programme requirement
• Education requirement
• Local authority residence requirement
• Mental health treatment requirement
• Drug testing requirement

Other sentences:

• Fines - dependent on the defendants age: 10-13 + max £250; 14-17 = max £1,000; 18+ = adult
• ASBOs
• Discharges, reprimands and warnings

+

• Offenders cannot commit crimes in from prison so protects public
• Opportunity to rehabilitate offenders

-

• Over 65% reoffend within 2 years, 80% for YO
• Prisoners mix with other criminals
• Overcrowding
• Lack of employment opportunities afterwards
• Expensive 
• Many prisoners should arguably not be there - eg asylum seekers and people on remand
• 3 times the prison population of most other countries in Europe in the UK
• Coniditions are poor and suicide rates are high

+

• Less disruptive than custody as offender can stay in a job and with family.
• Most offenders find supervision orders useful as they can help tackle their problems
• Much cheaper than custody
• Unpaid work gives offenders a sense of acheivement
• Tagging effective as it keeps offenders out of trouble and protects the public, and it is much cheaper than prison

-

• Tagging seen as degrading to the offender
• Re-offending rates are still quite high
• Crime prevention is more effective in reducing crime rates than any kind of sentence

+

• Brings in revenue for the courts
• Quick and suitable for minor crimes

-

• Fines are often not paid in full and Magistrates often end up resorting to custodial sentences for non payment
• CJA 2003 states that unpaid work at £6 an hour can be used to pay off fines, but supervision of this is expensive.