Produced by Dr Peter Jepson.

Prior to this Lecture you should have read and précised Chapter 14 of

‘The English Legal System’ (4th Edition)by J Martin.

Sentencing …

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PRECIS NOTES WILL BE CHECKED

No chatting in this Lecture

• Switch OFF mobile telephones

• Take notes

• If you wish to ask a question raise your hand …

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Sentencing PolicyDetermined by Parliament

Thus, often political.

It is a major part of Law.

For example, 80% of defendants plead guilty – of the remainder over

half will be found guilty.

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Aims of SentencingS142 of the Criminal Justice Act 2003

•The punishment of offenders•The reduction of crime (including its reduction by deterrence)•The reform and rehabilitation of offenders•The protection of the public: and•The making of reparation by offenders to persons affectedby their offences.

Note the emphasis - under the Criminal Justice Act 1991the first objective was ‘denunciation and retribution’.

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Retribution – based on the fact that every crime demands

payment in the form of punishment

Attractive to victims and politicians

Provided through imprisonment and in some cases a fine.

Tariff sentences - problem is that it removes discretion. If applied to fines - it may not deter the rich.

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Tariff sentencing…

Courts work to legally determined set tariffs – if the maximum is 6 months –

tariff could be 2 months.

The Magistrate, or Judge, then consider factors about the offence, or offender,

that may increase or decrease the tariff.

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Examples of factors …Plea of mitigation.

Antecedents – given by CPS about D. His past record,

domestic circumstances etc.

Pre-sentence reports (Probation) - Obligatory before sending to Prison or

giving a Community Service Order.

Victim impact statements – no obligation to take into account.

Medical Reports and Character Statements.

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Denunciation…

A clear message that society will not tolerate such behaviour…

Examples: Recommended minimum of 5 years

imprisonment for rape.

Enhanced sentencing for racist crime.

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Purpose – to deter them and/or other people from committing

such crime.

Individual – to deter the individual from re-offending.

General – to deter others.

Deterrence – or reductivism …

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Idea is to promote unpleasant sentences

Examples: Murder and the Racial hostility crimes.

Problem with the theory…

Spur of the moment offences.

No cool reflection.

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Protection of Society…

A very basic aim of sentencing.

Example – locking away rapists.

But it can be short-term solution – depending on length of

sentence.

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What deters crime?

Being found out?

A tough sentence?

The impact on family and friends?

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Reformation (reform).

The purpose is to change the offender so that they change and

do not re-offend.

This approach generally favours the use of Community Service Orders or

Probation rather than Prison.

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Reparation …

Under s30 of the Powers of Criminal Courts (Sentencing) Act 2000 courts are under a duty to give reasons if they do NOT make a compensation order.

The idea is the criminals should pay Compensation to the victim. Why? Surely, the victim is society not anIndividual victim. V could bring a

Civil claim for compensation.

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Sentencing Practice …

A matter for the magistrate or judge.

They will usually consider the offence and the background of the offender, as well as the aims of sentencing.

Guidance given by the Criminal Division of the Court of Appeal (as

per s.80 Crime & Disorder Act 1998).

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Crime (Sentences) Act 1997

Provides, for the first time, for minimum sentences.

Automatic life sentences for a 2nd conviction for… rape.

Attempted Murder, and Armed robbery

Minimum 7 years for a third Class A drug-trafficking offence.

3 years on three domestic burglary convictions.

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Types of Sentence …

Copy or re-produce the key facts diagram from page 191 of ELS.

Write down a suitable sentence as perThe Activity Questions on page 193 of ELS(your Laws Teacher will ask students to provide answers to the class).

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Imprisonment…

Can be unfair on D’s family.

Very difficult to find a job on release.

Loss of job, friends and sometimes family.

Do you think prison can be unfair on D’s family?

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Court must give a reason for imposing a custodial sentence.

In 1951 - 50 per 100,000 were sent to prison - by 2001 it was 136 (see data

14.8.1) Chief Inspector of Prisons – Sir David

Ramsbottom - told a Home Affairs Ctte (in 1998) that 70% of women prisoners and 40%

of young offenders did not need to be in prison.

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Length of sentence…Annual Abstract of statistics –

published by the Home Office.

1987 1997Up to 18 months 9,074 9,724

18 months to 4 years 10,283 10,777 4 years + (also Life) 8,923 19,950

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Community Sentences …

Probation – of between 6 months and 3 years.

Home Secretary thinks Probation Officers seen as being too tolerant.

Community Service Orders…

An order to do between 40 and 240 hours of work over a one year period. Projects of value to the community.

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Fines – sum payable to the Crown

Fines are not compensation to the victim

Common for minor offences – speeding, no TV licence etc.

Fines can be seen as retributive, or even reparation

Rich man, poor man problems.Formula related to severity of offence and income of D abolished by Criminal Justice Act 1993 after criticism – Max

fine now £5000 by Magistrates.

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Other Orders…

Absolute Discharge and Conditional Discharge!

Crime and Disorder Act 1998 provides for Anti-Social Behaviour

OrdersThese are Civil Orders for those aged over 10 who act in a manner that is likely to cause harassment, alarm or

distress to someone of another household.

If D acts in breach of the order, there are criminal penalties.

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Young Offenders…Can mean anyone under 21.

Though provisions apply to those under 18 and others under 17.

Offenders under 18, except murder, tried in a Youth Court.

The ECHR has found that the trial in a adult court of Venables and Thompson

had not in some respects been fair.

At what age is a child criminally liable?

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Break into Five Law Firms …

One Law Firm to read pages 185-188 of ELS and explain what they

consider are the best means of punishing youngsters.

Two Law Firms to tackle the questions on page 185 of ELS.

Two Law Firms to tackle the activity on page 189 of ELS.

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In Law Firms ….

Produce an essay plan for the examination questions on page 197 of ELS

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