Theories of Sentencing Criminal Process

Theories of Sentencing
Criminal Process
Criminal Justice Act 2003
S 142
• Any court dealing with an [adult] offender in respect of his

offence must have regard to the following purposes of
sentencing:
• The punishment of offenders
• The reduction of crime (including its reduction by deterrence)
• The reform and rehabilitation of offenders
• The protection of the public
• The making of reparation by offenders to persons affected by their
offences.
Punishment of Offenders
• The offender has obviously broken the criminal law and must
be punished
• The criminal law takes revenge against the offender on behalf
of both the victim and society
• This is known as retribution
• The main issue is that the punishment must be proportionate
to the crime – the ‘just deserts’ theory.
• One of the earliest forms of retribution was based on the

Biblical principal of ‘an eye for an eye’
• This is the basis of the argument for retaining the death
penalty
• In America, one judge has given burglary victims the right to
go to the homes of the burglar and take items to the same
value of what was stolen from them.
• Tariff Sentences
• For many sentences, the tariffs are fixed in order to provide consistent
sentencing.
• In America some states have fixed tariffs for each crime. This doesn’t
allow the judge to have any discretion and may lead to injustice as the
judge cannot consider mitigating factors or circumstances of the
individual offender.
• Fines are a particular area of concern. A £1 000 fine to someone on a
very low income is extremely punitive but to a high earner it may have
very little, if any, effect.
The Reduction of Crime (Including its
Reduction by Deterrence)
• What do we mean by deterrence?
• How many of you drive? What stops you speeding? How

effective are these measures?
• The main problem with deterrence is effectiveness. It’s

effectiveness is calculated by an individual based on the
chances of getting caught!
The Reduction of Crime (including its
• Deterrence is designed to have two effects:

• To stop this particular offender committing any further crime – I
NDIVIDUAL DETERRENCE.
• To prevent other people committing the crime –
GENERAL DETERRENCE.
• Do offenders consider the risk of getting caught before

committing the offence?
• The deterrent effect of punishments is weakened depending

on how many times the offender is punished in a particular
way.
• Why do you think this is?
• Various policies have been tried by successive governments,

but very few have any significant impact on reoffending rates.
• Sometimes the courts impose exemplary sentences to try and

increase the deterrent effect.
• Find details of the labour peer, Lord Ahmed who received a

jail sentence for using his mobile phone whilst driving.
Reform and Rehabilitation
• “The aim of rehabilitation is to reform offenders, so that they

are less likely to commit offences in the future – either because
they learn to see the harm they are causing, or because,
through education, training and other help, they find other
ways to make a living or spend their leisure time.”
• English Legal System, C Elliott & F Quinn, 2008

• Many rehabilitation programmes that have been used in

prisons over the years have had very little success.
• Prisoners are required to undertake a variety of programmes
whilst in prison to address their offending behaviour. Longer
term prisoners may not be released early until they have
completed such programmes.
• The problem arises once they are released and have no job or
prospects and no money.
• The Court can give sentences that incorporate some form of

rehabilitation, e.g. a drug testing and treatment order.
• The problem here is that it could lead to inconsistent

sentencing. An offender who is seen as likely to reform could
be given a treatment order, whilst another offender may
simply be sent to prison.
Protection of the Public
• Public protection is usually provided through incarceration.
• This is an extremely expensive way of dealing with offenders

– currently costing around £37k per year per prisoner.
• Other means of protection include curfews, electronic

tagging, exclusion orders and driving bans.
Reparation
• This is known as ‘restorative justice’
• It is all about the offender trying to repair some of the

damage that they have done to the victim and society.
• It allows for the victim to come face to face with the offender
and explain the effect of their offence, whilst also having a say
in what the offender will do to put things right.
Reparation
• This has had some success, particularly with young offenders

where it is mostly used.
• However, it really depends on the crime.
• e.g. an offender can paint a wall he’s put graffiti on or mend a
park bench he’s destroyed. He can also write a letter of
apology to the victim.
• It obviously doesn’t work in cases of murder or even rape so it
is limited.
Denunciation
• This is a further aim of sentencing but not included in the
Criminal Justice Act 2003 – the sentence given allows society to
show its disapproval of the offender’s criminal behaviour.
• It provides moral boundaries within society and can shape the
views of the general public.
• e.g. campaigns against drink driving and its effects have
changed society’s view and drinking and driving is now
significantly frowned on and severe sentences are given to
those who do drink and drive.
Task
• In small groups, work through the information provided in

this session, and also the information in your textbooks,
relating to theories of sentences.
• On an A3 sheet of paper, show the theories, what their

purpose is and what type of sentences might achieve the
aims.

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Theories of Sentencing

• Any court dealing with an [adult] offender in respect of his

• One of the earliest forms of retribution was based on the

• What do we mean by deterrence?

• How many of you drive? What stops you speeding? How

• The main problem with deterrence is effectiveness. It’s

• Deterrence is designed to have two effects:

• Do offenders consider the risk of getting caught before

• The deterrent effect of punishments is weakened depending

• Why do you think this is?

• Various policies have been tried by successive governments,

• Sometimes the courts impose exemplary sentences to try and

• Find details of the labour peer, Lord Ahmed who received a

• “The aim of rehabilitation is to reform offenders, so that they

• English Legal System, C Elliott & F Quinn, 2008

• Many rehabilitation programmes that have been used in

• The Court can give sentences that incorporate some form of

• The problem here is that it could lead to inconsistent

• Public protection is usually provided through incarceration.

• This is an extremely expensive way of dealing with offenders

• Other means of protection include curfews, electronic

• This is known as ‘restorative justice’

• It is all about the offender trying to repair some of the

• This has had some success, particularly with young offenders

• In small groups, work through the information provided in

• On an A3 sheet of paper, show the theories, what their

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