Youth or age,
where it affects
the
responsibility of
the individual
defendant;
Aggravating
Offence
committed
whilst on bail
for other
offences
Use of a
weapon to
frighten or
injure victim
Abuse of a
position
of trust
Aims
Reduction
of Crime
An aim of sentencing is
to punish in a way that
reduces offending. One
way of doing this is to
impose severe
sentences for crimes so
offenders are deterred
from re-offending.
Punishment
The aim of
punishment is the
idea that if some
one has broken the
law they should be
punished and get
what they deserve.
Reparation
This is where the
sentence tries to
ensure the offender
makes amends.
Reparation may be
achieved through
compensation.
Protection
of the
Public
To achieve the aim of
protection of the public
the offender is given a
sentence that makes
them incapable of
committing another
crime
Reform
and
Rehabilitation
Another aim behind the
sentence could be to
reform the offender and
rehabilitate him into
society. This aim usually
involves help to alter the
offender's behaviour so
he won't re-offend.
Sentences
Custodial
A discretionary life
sentence can be given
for s.18 OAPA 1861.
The maximum
sentence is life
imprisonment, but
the court can give any
lesser sentence where
appropriate.
. A fixed-term
prison sentence is
a term of
imprisonment for
a set number of
months or years.
Community
Order
An unpaid work
requirement (where the
offender has to carry out
unpaid work between
40-300 hours over a year
on a project organised
by the probation service).
One example
is painting
school
buildings.
An
alcohol/drug
treatment
requirement.
A supervision
requirement (where
the offender is placed
under the regular
supervision of a
probation officer for a
period of up to 3
years).
A curfew requirement (where
the offender must remain at a
fixed address for between
2-16 hours in any 24 hour
period. This can be for a
maximum of 6 months and
the offender is usually
electronically tagged).
Financial
A fine paid
to the
state
A compensation
order paid to
the victim
Discharge
A conditional discharge
(where if the offender
commits a further
offence in the stated
period, then they can
be re-sentenced for the
original offence)
An absolute
discharge (no real
penalty is imposed
as the offender is
technically guilty but
morally blameless)