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CRIMINAL COURTS AND LAY PEOPLE
Aims of sentencing
Section 142 of the Criminal Justice Act 2003 sets out the aims of sentencing in the criminal justice system of England and Wales. The primary purpose of these aims is to ensure that the sentence handed down is fair, proportionate, and meets the objectives of the criminal justice system. The five aims of sentencing set out in the Act are as follows:
- Punishment: The first aim of sentencing is to punish the offender for the crime they have committed. The sentence should be proportionate to the seriousness of the offence and should reflect the harm caused to the victim and the wider community.
- Deterrence: The second aim of sentencing is to deter the offender and others from committing similar crimes in the future. This can be achieved through both general and specific deterrence. General deterrence involves sending a message to the wider community that criminal behaviour will not be tolerated, while specific deterrence aims to discourage the individual offender from reoffending.
- Rehabilitation: The third aim of sentencing is to rehabilitate the offender and help them to address the underlying causes of their criminal behaviour. This may involve providing access to education, training, and other support services to help the offender reintegrate into society and avoid reoffending in the future.
- Protection of the public: The fourth aim of sentencing is to protect the public from harm caused by the offender. This may involve imposing custodial sentences or other measures such as electronic tagging, community service, or restraining orders to prevent the offender from committing further crimes.
- Reparation: The fifth aim of sentencing is to make the offender make amends for their wrongdoing by making reparations to the victim or the wider community. This may involve imposing fines, confiscating property, or requiring the offender to perform community service or make restitution to the victim.
Overall, the aims of sentencing set out in s142 of the Criminal Justice Act 2003 are designed to promote justice and fairness in the criminal justice system. They reflect the need to balance the interests of the offender, the victim, and the wider community, and to ensure that the sentence imposed is both proportionate and effective in achieving its intended objectives.
Types of sentencing for Adults
Adult custodial sentences are the punishments given by the court in the form of imprisonment or detention. The different types of adult custodial sentences are:
- Mandatory life sentence: This sentence is given to an offender who has committed murder and the court has no discretion but to impose a life sentence.
- Discretionary life sentence: This sentence is given to an offender who has committed a serious offence, such as rape, robbery or manslaughter, and the court has the discretion to impose a life sentence.
- Extended determinate sentence: This sentence is given to an offender who has committed a serious violent or sexual offence and the court considers them to be a significant risk to the public. The offender will serve a custodial term followed by an extended licence period.
- Minimum sentence for dealing in Class A drugs or a third burglary of a residential building: This sentence is given to an offender who has committed a serious drug or burglary offence, and the court must impose a minimum custodial sentence.
- Suspended sentence: This sentence is given to an offender who has committed a less serious offence, and the court decides to suspend the custodial sentence for a certain period.
- Fixed-term sentence: This sentence is given to an offender who has committed a less serious offence and the court imposes a fixed-term of imprisonment.
- Home Detention Curfew: This sentence is given to an offender who has been sentenced to a custodial sentence of at least 3 months and up to 4 years. The offender can be released early on a curfew and electronic monitoring.
Non-custodial adult sentences are the punishments given by the court in the form of community orders, fines, discharges or driving bans. The different types of non-custodial adult sentences are:
- Community Order: This sentence is given to an offender who has committed a less serious offence, and the court imposes one or more of 14 available requirements. These requirements may include an unpaid work requirement, curfew requirement, electronic monitoring requirement, exclusion requirement, drug rehabilitation requirement, alcohol treatment requirement, supervision requirement, and a residence requirement.
- Fines: This sentence is given to an offender who has committed a less serious offence, and the court imposes a financial penalty.
- Discharges: This sentence is given to an offender who has committed a less serious offence, and the court discharges the offender conditionally or absolutely.
- Driving bans: This sentence is given to an offender who has committed a driving offence, and the court imposes a disqualification from driving for a certain period of time.
