Notes on Sentencing in British courts

Retribution: punishment because they deserve it. Revenge. An eye for an eye. Retribution today based on idea each crime has a set tariff. A band which crimes fit into. A sentence is imposed within correct band. Bad because doesn't take into account mitigating factors. Denunciation: this is a way of showing a particular crime or crime in general is considered heinous by society. E. g. drink driving. Incapacitation: punishment serves a useful purpose. Prevents offender, re offending. E. g. death, loss of limbs, long prison sentences, tagging, curfew. Used to protect the public. Deterrence: individual or general.

Individual E. g. prison. May deter future actions. Though only if criminal thinks about consequences before committing. Usually drunk etc so do not. General deterrence hopes to deter others from following. Perhaps least fair way and least effective as few think about others situation. Also example sentence is a little unfair. E. g. mobile phone crime. Punishment does not fit crime. Rehabilitation: forward looking. Aim to reform offender. Hope offender's behaviour will be altered by sentence imposed. E. g. drug testing and treatment orders, probation. Pre sentence report taken into consideration, school reports etc.

important with young offenders. Sentences are individual ones, not at all like tariffs. Criticised as being inconsistent and discriminating against those from poor backgrounds. The Power of criminal Courts (sentencing) Act 2000 states, considering seriousness of offence court may also take into consideration any previous failure to respond to previous sentence. Reparation: Compensating victim, or society. E. g. returns stolen goods, Community service. Under POCCSA 2000 says courts are under duty to provide reason if they do not impose compensation order. Can be used in conjunction with other sentence.