COURSE NOTES THE ENGLISH

LEGAL SYSTEM

Model Answers to Potential Exam Questions

Chapter 12
1) Describe the main key aims of sentencing and evaluate their advantages and
disadvantages.

On a finding of guilt in a criminal case judges have a number of sentencing options,

such as imprisonment, fines and community orders. Section 142 of the Criminal
Justice Act 2003 states that the aims of sentencing are: punishment, reduction of
crime (including deterrence), reform and rehabilitation, protection of the public and
the making of reparation.

The focus on the offender deserving punishment is also known as retribution. This
aim leads to the imposition of a sentence in proportion to the offenders act but does
not look to reduce future offending. This aim of punishment can ensure that justice is
seen to be done but it ignores the needs of the offender.

Deterrence as an aim of punishment can be applied on an individual or general basis:

On an individual basis it aims to ensure that the actual defender does not re-
offend. However, prison does not appear to deter, particularly in relation to
young people and the approach overlooks the opportunistic nature of criminal
activity. It may be that fear of being caught could be more of a deterrent.
At a general level, deterrence aims to ensure that other offenders do not
commit crime and is used to warn others of the sentence they could face. It is
often used when a particular crime has become more prevalent, as seen in
response to the riots in England in August 2011. However, using punishment
in this manner conflicts with the principle of proportionate retribution and may
have unfair consequences.

Basing punishment on reform and rehabilitation looks forward to alter the behaviour
of the offender and reduce future crime, as can be seen in a number of community
sentences. Issues such as job prospects and medical reports can be taken into account.
Sentences, therefore, can be more individualised but this could be inconsistent and it
tends to discriminate against poorer offenders.

Protection of the public can be achieved through incapacitation of the offender in

order to prevent him or her from re-offending. Long prison sentences achieve this
aim, particularly in the case of dangerous offenders, however there is no focus on
repairing the offenders relationship with society.

Reparation aims to help the offender repair links with society and/or the victim. It
includes community sentences with work on community projects. Restorative justice
aims to give the offender an understanding of the impact of the crime by, for example,
Course Notes The English Legal System Published by Hodder Education Catherine Easton 2012
 COURSE NOTES THE ENGLISH
LEGAL SYSTEM

bringing the offender face-to-face with the victim. It can, however, be seen by some
to be an easier option which does not achieve retributive justice.

Course Notes The English Legal System Published by Routledge Catherine Easton 2012

Course Notes The English Legal System Published by Hodder Education Catherine Easton 2012