Aims of Sentencing Flashcards
(18 cards)
What law sets out the aims of sentencing for adults?
s57(2) Sentencing Act 2020.
What must the court tell the defendant about their sentence?
What the aim(s) are and what they expect the sentence to achieve.
What is the aim of punishment in sentencing?
To punish because the offender deserves it – not to reduce crime.
What is the principle behind punishment as an aim?
“An eye for an eye” – based on proportionality and just deserts.
What type of sentences reflect punishment?
Tariff-based penalties like fines or life sentences.
What is the goal of protecting the public in sentencing?
To stop offenders from reoffending and keep society safe.
What Act introduced protective sentences?
LASPO 2012 (Legal Aid, Sentencing and Punishment of Offenders Act).
Give examples of protective sentencing.
Prison, curfews with tags, exclusion orders, driving bans.
What is deterrence in sentencing?
Aims to prevent crime by discouraging offenders or the public.
What is individual deterrence?
Stops one person reoffending – e.g. severe or suspended sentence.
What is general deterrence?
Makes an example of an offender to warn society.
Why might deterrent sentences be unfair?
They can be harsher than usual, which may lead to injustice.
What does rehabilitation aim to do?
Reform the offender and address root causes of crime.
Who is rehabilitation mainly aimed at?
Young offenders.
What type of sentence supports rehabilitation?
Community sentences (e.g. drug/alcohol treatment).
What is reparation in sentencing?
Making amends to the victim or society.
What law supports compensation to victims?
Powers of Criminal Courts (Sentencing) Act 2000.
Give examples of reparation.
Paying money, returning property, or doing unpaid work.
