The Aims of Sentencing

Aim of the
Sentence / Definition / Examples of the
Sentence / Affect on the individual? / Does the sentence satisfy its aims?
Punishment/ Retribution / This is effectively society’s revenge on the individual for the offences they have committed / Custodial, Heavy Fines, Community Sentences eg
Unpaid work requirement 40-300hrs / Custodial: Loss of leisure time, and family time, and money.
Fines: loss of money
Community Sentence: loss of leisure and family time / Yes, as the sentence is society’s revenge, and punishment on the individual.
In the UK the prison population has exceeded 80,000 and is increasing. Therefore more and more offenders are being punished for the crimes they commit –no positive social benefit though
Reduction of crime (and its reduction by deterrence) / Individual Deterrence: This type of deterrence is aimed at a particular individual. Aimed to put the offender off re-offending / Suspended Custodial, Custodial, Heavy Fines / The threat of custodial may deter the individual from offending in the future / If the individual stops offending, or re-offending, the courts have succeeded in their aim.
However in1995, 76% of all young offenders were re-convicted. In the same year, 58% of all prisoners released was re-convicted of a serious offence within 2 years
General Deterrence: This is aimed at the whole of society. Aimed to put possible offenders off committing a crime / Heavy fines, Custodial / Often they receive a harsh sentence as the court aims to make an example of the individual to deter other offenders / If there is a general fall in the overall crime levels, then the aim is satisfied. In 2006 the British Crime Survey reported steady crime rates whereas the Recorded Crime Statistics claimed a 2% fall in crime levels
Aim of the
Sentence / Definition / Examples of the
Sentence / Affect on the individual? / Does the sentence satisfy its aims?
Reform and Rehabilitation / This aims to reform the offender
By doing this they are likely to stop the individual from re-offending
Rehabilitation focuses on the long term looking at the potential of the offender to reform and commit themselves back into society’s mainstream / Community sentences such as temporary unpaid work, fines.
Drug rehabilitation, alcohol treatment, mental health treatment programmes / The individual’s lifestyle changes to benefit themselves and also society as they are accepted back into the mainstream / It is accepted that custodial sentences only have limited rehabilitation effect. Statistics show currently 43% of convicted prisoners and 48% of remand prisoners lose contact with their families, and 125,000 children per year have a parent imprisoned.
Custodial sentences cut family ties and this is detrimental to the objective of reform.
However the objective of reform allows the individual to rebuild their lives in a way that will benefit society.
Protection of the
Public / By doing this the courts are preventing the individual from re-offending and causing greater harm to society / Custodial, Curfews, Exclusion orders / The offender is incapacitated and forced away from society. This may cut family ties, money loss and loss of leisure time / Provided that the whole sentence is fulfilled the society is protect and the aim of the sentence is satisfied. However offenders often re-offend, possibly because of the experience of prison
Reparations / This aims to consider the victims when sentencing the offender / Compensation Orders
Community Sentences and unpaid work / The individual resumes a normal life however they may experience loss of time and money / Yes, if the sentence is fair but effective. I.E. the individual doesn’t re-offend
NB All the aims of sentencing can be found under s.142 of The Criminal Justice Act 2003 (The Sentencing Chapter: s.142  s.305)