Setencing Theories

Question 1

When sentencing what must the mags/ judges consider?

Answer 1

What they are trying to achieve as well as ensuring it is mindful of the D;s human rights

Question 2

regarding Adult offending what does S.57 Sentecing Act 2020 state?

Answer 2

“THe court msut have regard to the following purpsoes of sentecing-
(a) the punshiment of offenders
(b) the reduction of crime (including by deterrence)
(c) the reform and rehabilitation
(d) the protection of the public and
(e) the making of reparations by offenders to persons affected by their offences”

Question 3

Regarding Youth sentecing what must the courts have regard to?

Answer 3

S.57 sentencing Act and S.58 Sentecing Act which provides that the courts must have regard to
-preventing the reoffending and the
-welfare of the young person

Question 4

What are the 6 theories derived from S.57 and S.58 of the Sentecing Act 2020?

Answer 4

1) Retribution (Offenders have to be punished)
2) Deterrence (Dettering an individual or the wider public using sentences to make an example of the D
3) Denunciation (Making society disprove of D’s behaviour)
4) Incapacitation (Phyiscally stopping the offender from re-offending)
5) Reform and Rehabilitation (Targeting the reasons for the offending)
6) Reparation (Getting D to make amends for the harm caused)

Question 5

What is retribution?

Answer 5

Rests on the notion that if a person has done wrong, they deserve to be punished
-does not seek to reduce crime or alter an offenders behaviour and so is not particulary “forward thinking”
-It is taking adequate proportionate revenge on behalf of V and society (and therefore also incorporates an element of denunciation

Question 6

What did Lord Denning state that is line with the theory of Retribution?

Answer 6

“Punishment is the way in which society expresses its denunciation of wrongdoing…… the truth is that some crimes are so outrageous that society insists on adequte punishment, becuase the wrongdoer deserves it”

Question 7

How is retribution commonly expressed in plain english?

Answer 7

an eye for an eye etc

Question 8

State a sentence that supports the thoery of Retribution

Answer 8

Whole life tariffs attached to murder under the (Murder(Abolition of the Death Penalty) Act 1965
-currently there are 70 people serving a whole lfie tariff including Lucy Letby

Question 9

What did Lord Steyn state in the case of Hindley?

Answer 9

“there are cases where the crimes are so wicked that even if a prisoner is detained until he or she dies it will not exhaust the requirement of retribution”

Question 10

State the advatages of Retribution

Answer 10

Victim/ Society gains closure
Helps to protect the public
Achieves deterrence and denunciation

Question 11

state the disadvatages of retribution

Answer 11

-can be expensive e.g whole life tariffs in prison
-Does not try to prevent future crimes necessarily, or reform D as it does not tackle the reason for the behaviour in the first place
- Hypocritical

Question 12

What is deterrene?

Answer 12

this theory views crime as a type of harm which should be eradicated
-using sentences to deter can prevent the commission of future crimes by D and other people

Question 13

What is an individual deterrent?

Answer 13

This is punishing the individual offender in the expectation that they will not offend again

Question 14

What is the general deterrence?

Answer 14

This shows people what is likely to happen to then if they commit a similar crime. Though this can only really be effective if a particular crime is prevalent

Question 15

How does the court deter an individual?

Answer 15

An increasingly serve penalty will be imposed and an offender will be warned about what could ahppen if they re-offend agian. HOWEVER, around 55% of adult offenders and 70% of young offenders will re-offend within 2 years

Question 16

How does the court deter society?

Answer 16

A general deterrent sentence will typically be higher then the going rate as the courts will make an example of the offender because the offence had become prevalent in that area, This can be disproportionate to the actual offender but justified becuase of the strong message that needs to be sent out

Question 17

What happened in the case of Healey?

Answer 17

D sentenced to 4 years for stealing a mobile phone. Judge said she regarded street robbery as so serious to warrant an immediate custodial sentence. “The sentence i pass… is a deterrent to show that this type of offence will not be tolerated”

Question 18

What happened in the case of Woollard?

Answer 18

Student threw a fire extinguisher off the roof of the Conservative Party’s headquaters in london during a student protest. He was senteced to 2 years and 8 moths.

Question 19

What do critics of deterrent senteces point out?

Answer 19

“exemplary sentences” are particularly unfair on the D as the rule of law (AV Dicey) and the interest of justice demands cases and defendents are treated alike (equality before the law)

Question 20

What balances the critics concerned by deterrent sentences?

Answer 20

External supporting evidence of prevalence must exist to justify treating the offender more seriosuly then usual

Question 21

What happened in the case of Oosthuizen?

Answer 21

Lack of evidence of prevalence of street robbery meant the trial judge was not entitled to inpose a sentence than otherwise would be appropriate

Question 22

What was stated in the White Paper “Crime, Justice, and Protecting the Public 1990”?

Answer 22

“Detternce is a principle with much immediate appeal… but much crime is committed on impulse…. it is unrealisitc to construct sentecing arrangements on the assumption that most offenders willl weigh up the possibilities in advance”

Question 23

Regarding Detterance, what was introdcued in August 2023?

Answer 23

The gov announced a proposal to force D to attend their sentencing hearing or have 2 years added to their sentece (this only applies to cases where the max sentece id life imprisonment)

Question 24

State the advatages to deterrance

Answer 24

-sends a clear message about criminal behaviour, so people think twice

Question 25

State the disadvatages of deterrents

Answer 25

-Deterrents will not affect those who though they would not get caught -rule of law issue, there should be equality before the law yet offenders are treated differently with some being punished due to prevalence and not necessarily to what they have done

Question 26

What is denunciation?

Answer 26

Societies disapproval of the offenders criminal behaviour. The sentence sends a message to both D and public i.e society condemns their behaviour and justice is seen to be done. It marks the boundaries of morally acceptable conduct, showing where society has become less tolerant of certain offences -media is often the tool used to help express societal views e.g News of the World "name and shame" campaign following the death of Sarah Payne, this led to the introduction of "Sarah's law" which allowed controlled access to the sex offenders list -Public demand lead to new offences being introduced including Revenge Porn (s.33 Criminal Justice and Courts Act 2015) punishable up to 2 years imprisonment

Question 27

What are the disadvantages of Denunciation?

Answer 27

Revenge porn was not retrospective so has not met the demands of everyone Media frenzy can lead to wrong message being sent around -Media could be bias

Question 28

What are the advantages of Denunciation?

Answer 28

-reflects societal views, government is more likely to gain the respect of the public -justice could be achieved -can trigger developments/ changes in the law -the publication may make the D change their ways

Question 29

What is incapacitation?

Answer 29

Making an offender physically incapable of re-offending. the public is therefore protected. The most obvious example is the death penalty, however since the Murder(Abolition of the Death Penalty) Act 1965 the best method is prison By placing an offender in custody, an offender is physically prevent from committing further offences against the public Home secretary Michael Howard was a grant believer in "prison works" Other sentences that incapacitate include - Dangerous drivers being disqualified -Exclusion orders -curfews

Question 30

between December 2022-December 2023 how many prisoner assaults were there per 1,000 prisoners?

Answer 30

211 prisoner on prisoner assaults per 1,000

Question 31

State the advantages of Incapacitation

Answer 31

Physically puts a stop to the problem Brings down crime figures Protects the public

Question 32

State the disadvantages of Incapacitation

Answer 32

Prison is expensive £48,000 per prisoner Could be counter productive (new ideas and techniques can be learned) Reconviction rates high (adults=55%, Youth =70% re-offend in 2 years) Self-harm high in prisons

Question 33

What is reform and rehabilitation?

Answer 33

A reformed offender is less likely to reoffend Helps them see the error in their ways, with the intention to bring the offender back into society For Instance a community order is a forward looking aim which is particularly important to the philosophy to sentencing young offenders -Judges and magistrates will use "pre-sentence" reports to help guide their sentence HOWEVER this does make the assumption that there is something wrong with the V which needs fixing as well as the assumption based on a persons social-economic status -A 2013 paper "Transforming Rehabilitation" quoted an estimated cost of between £9.5 billion and £13 billion

Question 34

What is the Rehabilitation of Offenders Act 1974?

Answer 34

Allows an offence to be considered "spent" after several years in prison e.g Custodial sentences of 1 year or less adults 1 year from the date of the sentence =spent Youth 6 months from the date of the sentence =spent

Question 35

What are the advantages of rehabilitation?

Answer 35

very forward thinking Help to reduce re-offending Particular successful for first offenders Encourages people to get their life on track

Question 36

What are the disadvantages of rehabilitation?

Answer 36

Assumes there is something "wrong" that needs to be "fixed" expensive offenders need to want the reform Public often left dissatisfied as it is seen as a soft type of sentence

Question 37

what are reparations?

Answer 37

This is about "restorative justice" aimed at compensating V, usually be ordered the offender to pay a sum of money Some projects aim to bring D and v together, by giving the V to tell the D how they have been affected and get an apology. According to studies violent criminals are less likely to commit further offences, Vs symptoms of post-traumatic stress order are reduced and restorative measures also tend tend to be cheaper -reparations can also be towards society in the form of community orders

Question 38

What are the disadvantages of reparation?

Answer 38

Requires worthwhile participation from both parties, like reform and rehabilitation, the change must come from within Needs to have realistic expectations 1/5 report a negative experience

Question 39

What are the advantages of reparations?

Answer 39

Helps D and V get closure cheaper then other methods Forward thinking 27% fewer crimes committed by offenders who have experienced a restorative justice programme