Sentencing



Sentencing

By the end of this unit, you should be able to:

1. Describe the different types of sentences available to adults

2. Describe the different types of sentences available to youth offenders

3. What the purpose of these sentences are

4. How the sentences equate to re-offending rates.

So, you have been found guilty - what next?

Well, the …………………. has to decide on your sentence. This is punishment which is most appropriate having considered both the personal circumstances of D and the circumstances of the crime. Remember that the other limit on the power comes from the court in which D is sentenced.

Before we take a look at the different types of sentence available, we need to have a look at what is taken into consideration.

5. Previous convictions,

6. Pre-sentence reports

7. Medical reports

8. D’s finances

Mitigating and Aggravating Factors

These are things which are taken into account in deciding the exact sentence D will receive. Using the boxes below, brainstorm those things which the judge may take into account.

|Mitigating Factors |Aggravating Factors |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

| | |

I plead guilty!

What happens then? Well, simple really: your sentence may be reduced. It generally is cut by a third, but the Sentencing Guidelines Council (who were put in charge of sentencing under the Criminal Justice Act 2003.) issued new guidelines in July 2007, indicating that a guilty plea will now only attract a 1/5th deduction where the prosecution case is overwhelming. Why the change? Well there was a lot of public outcry following the sentencing of Alan Webster (picture). Webster, along with his girlfriend, plead guilty to the rape of a 12 week old baby. He plead guilty after being confronted with the images of the abuse by the police. As a result of his plea, the judge reduced his sentence by 1/3 to 12 years, and therefore, he would be eligible to apply for parole in 6 years.

How would the change in rules have altered his sentence?

The amount that D can reduce his sentence by also depends on the point at which he pleads guilty. If this occurs after the trial has actually started, it is reduced by …………. Whereas if it is before the trial begins and after the trial is set it goes up to …………….

9. Why do we reduce sentencing for those who plead guilty?

10. Should we reduce the sentencing for guilty pleas? Why/ why not?

TASK

Complete the problem questions at the back of the handout. For each, identify the mitigating and aggravating factors, and then award D a sentence.

Custodial Sentencing

This is the most serious of the sentences, as it affects the liberty of D and can have an impact on their entire life (jobs, family etc.) Under the Criminal Justice Act 2003 s. 152, the court should only impose a custodial sentence if the offence is so severe that neither a fine alone nor a community sentence can be justified.

Remember: adult custody refers to those over the age of 21. Between 18 and 21, they go to a secure Young Offenders Institute.

Life Sentence

This is the most serious sentence which our court system can impose. It is a period of 25 years in custody. The average term served by ‘lifers’ is 14 years. There are a number of different types of life sentence. Read the descriptions below and match them to the titles.

| | |

|Mandatory Life Sentence |This depends on the circumstances of the crime and D’s responsibility. It |

| |includes arson, manslaughter, rape and robbery. |

| | |

|Discretionary Life Sentence |This means actual life, and is reserved for the most serious offences (remember |

| |The Times article?) those of the multiple murderers, sexual sadists etc. |

| | |

|Whole Life Tariff |Murder. The controversy here is over the tariff set. It can be whole life, or 30|

| |years [police or prison officers; race or sexual motives], or 15 years for |

| |others. |

Extended Sentences

Powers of the Criminal Courts (Sentencing) Act 2000 s.85. Where the crime is particularly sexual or violent, D may be sentenced to this, which involves a period in custody, and an extended period on licence

11. 10 years for sexual [remember that sexual offenders also have to register]

12. 5 years for violent

Indeterminate sentences

Imprisonment for Public Protection (IPP). This applies to offenders convicted of a specified sexual or violent offence carrying a maximum penalty of 10 years’ imprisonment or more (called “serious specified offences”) and who are considered by the courts to be dangerous. Applies to adults and young offenders. The idea is that the parole can be ‘delayed’ if they are still seen as a risk. So, what does this mean in practice? Well… read the brief case below (a genuine one!) and then explain how this is an indeterminate sentence:

An 18-year-old man has been given an indeterminate sentence for setting two bins on fire in north Devon.

Why was he given this? What about his history and future might have prompted the court to hand down the sentence? What does it tell us about the crime he committed?

Mandatory Sentences

These are sentences where the minimum term is laid down in statute. This removes the judges discretion to sentence on the basis of the individual cases, and often occurs where crimes have become ‘public’ focuses.

e.g. Powers of Criminal Court (Sentencing) Act 2000

▪ 7 years for a third class A drug trafficking offence

▪ 3 years for a third conviction of burglary

▪ Life for a second serious sexual or violent assault

Suspended Sentences

This is where the time is custody is ‘suspended’ for a period. The length of the sentence varies between 6 months and 2 years. This can be suspended for 1 to 2 years. During the suspended period, D may be asked to complete some community work. If D commits a further offence whilst under this sentence, then he will have to serve it in custody in addition to any sentencing for the further offence.

Fixed Term Sentences

These are any term where the judge stipulates the amount of time you must spend in custody.

e.g. “You are sentenced to 6 months for assault.”

Release and Parole

So, that’s when we lock you up, what about when we let you go!? Well, there are set rules for this as well.

|Less than 4 Years |½ way through the sentence. | |

| | | |

| | |D will then remain on licence for the rest of the term. Remember, |

| | |that parole may be applied for earlier, but may not be granted. |

|Over 4 years |Two thirds of the way through the sentence. | |

|Life Sentence |At the end of the tariff | |

Community Order.

Unlike custody, these sentences apply to all of those aged and over. This is more effective at rehabilitation and are supervised by the Probation Service. The order must contain one or more of 12 requirements to fulfill the purposes of sentencing laid out by the courts. The aim is to fit the individual needs of the Offender more appropriately.

The requirements of a Community Order are determined by the seriousness of the offence, the Offender’s risk and needs.

Community Orders are covered by s.177 Criminal Justice Act 2003

The 12 requirements are as follows:

|Unpaid work – 40 to 300 hours |Supervision – up to 3 years |Programme – e.g. sexual |

| | | |

| | | |

| | | |

| | | |

|Drug rehabilitation – treatment & test |Alcohol treatment |Mental health treatment |

| | | |

| | | |

| | | |

| | | |

|Residence |Specified activity – up to 60 days |Prohibited activity |

| | | |

| | | |

| | | |

| | | |

|Exclusion – from a place |Curfew – can be electronic monitored |Attendance centre – 12-36 hours, under 25s. |

| | | |

| | | |

| | | |

| | | |

One of the most important things to remember about these type of sentences is that the offender must consent to them. If they do not, they can not be given a community order.

Why might the offender consent to the programme?

What happens if they don’t attend or do the programme?

Well, simple really. The Probation Service return them to court and then they are either given an additional sentence, or re-sentenced for the original offence. This can mean a prison sentence! Read the enclosed Rules and Agreement. Who does it place the burden on?

Fines

This is the most common type of sentence handed down by the Magistrates’ Court and is also the most common overall. Remember that the Magistrates can fine individuals up to and businesses up to . They are less common in the Crown Court, where fines are unlimited. They can also be combined with other sentences if the court feels it is appropriate

s.128 Powers of Criminal Courts (Sentencing) Act 2000

Why do you think the Magistrates Court hands out so many more fines than the Crown Court?

|10-13 |£250 |

|14-17 |£1000 |

|18+ |£5000 |

In imposing a fine, the court will consider the seriousness of the offence, and the offender’s ability to pay the fine. For youths under 16, it is their parents or carers which are deemed responsible. There are also strict limits on the amount that youth offenders may pay.

What if they don’t pay?

Well, this is a major problem! Often there are deductions for early payment as well as a neat system where by the Magistrates Court can take the amount directly out of your earnings (Criminal Justice Act 2003). So no excuses! Even then, if you do default, it doesn’t necessarily mean that you will be sent directly to prison. The CJA also allows the court to impose unpaid work or curfew requirements instead or disqualify them from driving – basically make their lives as uncomfortable as possible!

TASK: read the following article on fines. What do you think of the proposal that more crimes are dealth with using on the spot fines. Are they a viable punishment?

Extension: Read pp312-4 of Elliot & Quinn and evaluate the use of fines as a punishment in the courts.

Discharges

This is where D is convicted, but the court thinks that punishment is unnecessary. There are two types:

1. Conditional D has a criminal record, but no action is taken unless he commits a further offence within a

certain period (up to 3 years). At that point, D may be re-sentenced for the original crime.

2. Absolute D has the conviction on record, but no further action is taken.

Homework:

There are a number of other sentences which may be handed down by the courts. Use your research skills to explain what is meant by each of these, and link it to one of the aims in sentencing.

|Sentence |Description |Aims covered? |

| | | |

|Depravation & Forfeiture Orders | | |

| | | |

|Deferred Sentences | | |

| | | |

| | | |

|Binding over | | |

| | | |

| | | |

|Driving Disqualification | | |

| | | |

| | | |

|ASBO | | |

| | | |

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download