3. Factors affecting decision
Magistrate will decide sentence
Judge in Crown Court will decide
Option chosen based on many factors:
◦ Type of offence
◦ Min and max sentence available
◦ Circumstance of offence
◦ Age of defendant
◦ Background of D
◦ Possibly a pre-sentencing report as well (by
probation service)
4. Aims of sentencing (revision)
Coming up on next few slides in more
detail:
Retribution
Rehabilitation
Reparation
Deterrence
Denunciation
Protection of the public
5. Retribution
Aim is to punish
offender
An eye for an eye
...
If knowingly done
wrong deserves to
be punished
Society expects
this
6. Rehabilitation
Offender is helped
to solve issues
behind criminal
behaviour
7. Reparation
Based on notion
that offender
makes amends for
their crime
8. Deterrence
Aim to punish criminals to deter people from
offending
Reduces number of offences committed
Specific (to individual)
General
Discussion, knife crime are jail terms a real
deterrence?