Criminal: Aims of Sentencing
Define: Section 142 Criminal Justice Act 2003 sets out the purpose of punishing offenders over the age of 18, the courts must consider each of the following aims when deciding the appropriate punishment.
Denunciation: This is society expressing its disapproval of the criminal activity. The sentence should indicate to the offender and the public that society condemns that type of behaviour. It enforces the moral views of society.
Deterrence: Individual deterrence is where the punishment given will ensure that the individual offender will not re-offend due to the fear of future punishment. General deterrence means preventing other offenders from committing crimes by making an example of one offender. In both cases sentences are harsh and disproportionate to the crime committed.
Protection of the Public: The public need to be protected from dangerous offenders. Criminal Justice Act 2003 allows for prison sentences where the courts believe that the offender is a danger to the public. Less serious crimes could involve protecting the public through disqualification and banning orders.
Winkler: Held to protect the public the judge imposed a banning order preventing the offender from going within half a mile of football stadiums.
Retribution: This is based on the idea of punishment. The offender deserves to be punished for their acts. It is only concerned with making sure the offender is given a punishment that is proportionate to the offence that they have committed. An eye for an eye.
Rehabilitation: The main aim here is to reform and rehabilitate the offender. Rehabilitating them so that they can go back into society and altering their behaviour so that they do not re-offend. It helps the offender overcome problems that they are facing and making it easier to avoid re-offending in the future. This is a key aim when sentencing young offenders.
Reparation: The defendant paying back to society or the victim. Through fines, compensation or unpaid work.
Denunciation: This is society expressing its disapproval of the criminal activity. The sentence should indicate to the offender and the public that society condemns that type of behaviour. It enforces the moral views of society.
Deterrence: Individual deterrence is where the punishment given will ensure that the individual offender will not re-offend due to the fear of future punishment. General deterrence means preventing other offenders from committing crimes by making an example of one offender. In both cases sentences are harsh and disproportionate to the crime committed.
Protection of the Public: The public need to be protected from dangerous offenders. Criminal Justice Act 2003 allows for prison sentences where the courts believe that the offender is a danger to the public. Less serious crimes could involve protecting the public through disqualification and banning orders.
Winkler: Held to protect the public the judge imposed a banning order preventing the offender from going within half a mile of football stadiums.
Retribution: This is based on the idea of punishment. The offender deserves to be punished for their acts. It is only concerned with making sure the offender is given a punishment that is proportionate to the offence that they have committed. An eye for an eye.
Rehabilitation: The main aim here is to reform and rehabilitate the offender. Rehabilitating them so that they can go back into society and altering their behaviour so that they do not re-offend. It helps the offender overcome problems that they are facing and making it easier to avoid re-offending in the future. This is a key aim when sentencing young offenders.
Reparation: The defendant paying back to society or the victim. Through fines, compensation or unpaid work.
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