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Principles of sentencing
Sentencing
Discussion Points
• Who should decide the sentence and do you think there should be any
restrictions on their power to sentence?
Sentencing
• Magistrates:
• Max 6 months imprisonment for a single offence
• Unlimited fine for serious offences: https://
www.gov.uk/government/news/unlimited-fines-for-serious-offences
• The main issue that will be considered here is how serious the
offence is for the type of offence it is
Sentencing
Factors surrounding the Offence
• CJA 2003 states that other factors that should be considered are:
• Previous convictions for other similar offences or ones which are relevant
to the current offence
• Whether the defendant was on bail when the offence was committed
• Discussion Points:
• Why do you think the sliding scale for discounts to sentences for
guilty pleas is in operation?
• As you can see, the discount system for early guilty pleas can
be very controversial.
Court Sentence
Unlimited fine
Magistrates
6 months imprisonment
Unlimited fine
Crown
Life Imprisonment
Sentencing
• The tariff, or length of the sentence will be determined by the court following guidelines
issued by the Sentencing Council. The court will look at the following factors:
· The age of the offender
· The seriousness of the offence
· The likelihood of further offences being committed
· The extent of harm likely to result from further offences.
There are 4 main categories of sentence:
1. Custodial sentences
2. Community sentences
3. Fines
4. Discharges
• The courts also have the power to make additional order such as compensation orders
and powers such as driving bans.
Types of Sentence
This is where the court feels that the offender has received
Absolute
Discharge
enough punishment by going through court and so
discharges the offender with no further action needed.
This is where the offender will receive no punishment on
the condition that they do not reoffend for a specified
period for up to three years. It is intended to be used
where it is thought that punishment is not necessary. If the
Conditional
Discharge
offender re-offends within the time limit, the court can
then impost another sentence in place of the conditional
discharge, as well as imposing a penalty for the new
offence. They are used widely by Magistrates’ Courts for
first-time minor offences.
Types of Sentence
These are the most common sentence given to adults. These are mostly administered for
minor offences. Magistrates can give a maximum fine of £5000 (or up to £20,000 on
Fine
businesses who have committed offences under certain regulations such as health and
safety) and the Crown Court has no limit on the fine which it can impose.
This is where the offender does not go to prison, but has to comply with conditions set out
by the court. The suspended period can be up to two years (or six months in the
Magistrates’ Court). Breach of the conditions can result in the offender being sent to prison
for the remainder of their sentence. If, during this time, the defendant does not commit
another offence, the prison sentence will not be served. If they do commit another offence,
Suspended Sentence the prison sentence is ‘activated’ and the offender will serve that sentence together with
Order any sentence for the new offence.
A suspended sentence should only be given where the offence is so serious that an
immediate custodial sentence would have been appropriate but there are exceptional
circumstances in the case that justify suspending the sentence.
The court can attach any of the 12 requirements used in community orders to the sentence
and a failure to meet a requirement can also mean the sentence is ‘activated’.
Types of Sentence
Under the Criminal Justice Act 2003, there is now one Community Order to which the court can
attach any combination of requirements that they think are necessary. Section 177 Criminal
Justice Act provides a full list of the requirements that can be attached.
s.177(1) - Where a person aged 16 or over is convicted of an offence, the court by or before
which he is convicted may make an order (in this Part referred to as a “community order”)
imposing on him any one or more of the following requirements—
(a) an unpaid work requirement
(b) an activity requirement
(c) a programme requirement
Community Order (d) a prohibited activity requirement
(e) a curfew requirement
(f) an exclusion requirement
(g)a residence requirement
(h) a mental health treatment requirement
(i) a drug rehabilitation requirement
(j) an alcohol treatment requirement
(k) a supervision requirement, and
(l) in a case where the offender is aged under 25, an attendance centre requirement.
Types of Sentence
• Custodial Sentences
This is the most severe sentence available and is for the most serious of
offences. S152 Criminal Justice Act 2003 stipulates that custodial
sentences are only available for those offences “so serious that neither a
fine alone nor a community sentence can be justified for the offence”.
They can range from a few weeks to life imprisonment and can include:
• mandatory and discretionary life sentences
• fixed-term sentences
• suspended sentences