AC 2.3 - Discharge meeting Aims of Punishment

Question 1

What is a Discharge? (3 points)

Answer 1

• A non-punitive sentence unlike imprisonment / fines, and is instead a way for the court to deal with an offender without using traditional punishment
• Use of discharge reflects the principle of proportionality where the punishment meets with the seriousness of the offence
• Generally considered more lenient options, often employed for first-time offenders or in cases where the court believes a punitive sentence is unnecessary

Question 2

What is an Absolute Discharge? (2 points)

Answer 2

• Offender is found guilty, but no punishment is imposed
• Typically used when the court believes the offence was minor enough that process of prosecution was enough punishment

Question 3

What is a Conditional Discharge? (3 points)

Answer 3

• Offender is found guilty, but court imposes certain conditions, E.G. attending counselling
• If they comply, they won’t face any additional penalties
• If they breach conditions, a more severe sentence may be imposed

Question 4

How does a Discharge achieve Retribution? (1 point)

Answer 4

• Proportionate Sentence: Shows there’s a punishment for even the most minor crimes proportionate to the offence

Question 5

How does a Discharge FAIL to achieve Retribution? (1 point)

Answer 5

• Non-punitive sentence: Absolute discharge = absolutely no punishment imposed. Doesn’t achieve retribution as there’s no revenge

Question 6

How does a Discharge achieve Rehabilitation? (1 point)

Answer 6

• Conditional Discharge: Conditions attached (E.G. counselling or drug rehab) for specified periods of time, help get to the root cause

Question 7

How does a Discharge FAIL to achieve Rehabilitation? (1 point)

Answer 7

• Absolute Discharge: Given to minor offenders (E.G. drug possession) with no intent to reform

Question 8

How does a Discharge achieve Deterrence? (2 points)

Answer 8

• Conditional Discharge: If further reoffending during the period of order occurs, courts can give a harsher sentence. Shows individual deterrence may be achieved
• Recidivism rate: There’s a generally low rate of reoffending as experience of going to court is typically enough to deter first-time offenders

Question 9

How does a Discharge FAIL to achieve Deterrence? (1 point)

Answer 9

• Avoidance of punishment: Deemed to be soft, and unlikely to deter

Question 10

How does a Discharge achieve Public Protection? (1 point)

Answer 10

• Deterrence leads to protection: Threat of a harsher sentence may prevent reoffending, hence protecting the public

Question 11

How does a Discharge FAIL to achieve Public Protection? (1 point)

Answer 11

• No incapacitation: No restriction on liberty & freedom. Offenders free to commit further crime

Question 12

How does a Discharge achieve Reparation? (2 points)

Answer 12

• Conditional Discharge: Can be combined with an order for payment of compensation
• Court fee: Those discharged are expected to pay a court fee. £150 for guilty plead, but can go up to £1000 if FOUND guilty

Question 13

How does a Discharge FAIL to achieve Reparation? (1 point)

Answer 13

• Absolute Discharge: No penalty imposed = Offender doesn’t pay off their harm

Question 14

How does a Discharge achieve Denunciation? (1 point)

Answer 14

• Prosecution process: Experience of going to court may reinforce society disapproves & may aid with boundary maintenance

Question 15

How does a Discharge FAIL to achieve Denunciation? (1 point)

Answer 15

• Avoidance of punishment: An Absolute Discharge may not help to reinforce boundary maintenance in society