SENTENCING

14.1 ROLE OF THE COURTS

• Deciding the sentence to be imposed on the offender
• Mag can only impose max 6 months imprisonment,max fine of £5000
• Judges in Crown Court impose up to life imprisonment, no max figure for fines

Restrictions on Court's Powers
1) Each crime has a max penalty for that type of offense set by Parliament
2) Some offenses (manslaughter, rape)have max sentence of life imprisonment. Judge has complete discretion when sentencing(give shorter prison sentence)
3) Except murder-carries mandatory life sentence

Minimum sentences
-none for first time offenders
- Parliament in Crime (Sentences) Act 1997 set down min sentences for repeating offenders

14.2 AIMS OF SENTENCING
1) When passing sentences, judges will look at sentences available + aim of punishment.
2) Section 142 of Criminal Justice Act 2003 sets out purposes of sentencing for those aged 18 and over, saying court must have regard to punishment of offenders, reduction of crime etc.

For young offenders, s142A of Criminal Justice Act 2003 states that court must have regard to principal aim of youth justice system: prevent offending (or reoffending) by persons aged under 18, and to the welfare of the offender.

RETRIBUTION

• Based on idea of punishment
• Does not seek to reduce crime
• Only concerned with offence committed
• Punishment inflicted is in proportion to offence
• "An eye for an eye, a tooth for a tooth"

Tariff Sentences
-Sentencing council produces guidelines on sentencing
-Set out factors which make an offense more serious / less serious

Step 1: determining offense category
Category 1: greater harm (serious injury must normally be present)&higher culpability
Category 2: Greater harm(serious injury normally present) &lower culpability.
Category 3: lesser harm & lower culpability

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Step 2: Starting point and category range

RETRIBUTION

• Based on idea of punishment
• Does not seek to reduce crime
• Only concerned with offence committed
• Makes sure punishment is in proportion to offence
• "An eye for an eye, a tooth for a tooth"

Problems
-Sometimes diff for courts to impose sentences aimed at reforming offenders.
-Leave little discretion in sentencing with judges
-Tariff system involves fixed sum of fine (takes no account of financial situation of offender)

Tariff sentences
-Sentencing Council provides guidelines on sentencing for most common crimes
- Set out factors which make offense more serious/less serious

REVENGE

• Society and the victim are being acenged for wrong done
• Govt increased max penalties for offences
• Eg. Killing someone by driving in drunk condition
• Imprisonment increased from 5 years to 10 years

Step One - Determining the offense category
Category 1: Greater harm(serious injury usually must be present)&higher culpability
Category 2: Greater harm (serious injury usually must be present )&lower culpability/lesser harm, higher culpability
Category 3: Lesser harm, lower culpability

Denunciation
-Society expressing disapproval of criminal activity
-Sentence should indicate to public and offender that society condemns certain behavior.
-Reinforces moral boundaries of acceptable conduct and mould society's views on criminality of particular conduct (eg. Drunk driving is now viewed as unacceptable behavior)

-Council has to produce resource assessment of the effect of the guidelines
-This is to allow govt to forecast accurate prison requirements and probation services