2. You are going to see two cases, and evaluate them exactly as the
magistrates or judges would.
Case One: Case Two:
200 hours unpaid,
Four Years
curfew weekly
Imprisonment supervision
3. So what are the actual aims?
s.142 Criminal Justice Act
With the exception of the first one, the others are known
by other labels...
2003 Can you match the label to the aim?
(oh, and spot which one is not in the Act?)
In sentencing a defendant, the court must
have regard to: 6 reparation 5 incapacitation
1. The need to reduce the crime rate denunciation 3 rehabilitation
2. The need to punish D for having
committed an offence 4 deterrence 2 retribution
3. The need to change the offending
behaviour
4. The need to deter the offender from
reoffending, and to deter the public by
example
5. The need to protect the public Looking at all the aims, which do
you consider the most
6. The need to compensate both the victim important in sentencing an
and society. offender and why?
5. Retribution
“an eye for an eye” Death Penalty Chemical castration
Fines Life Sentence
What would you do?
A literal example? Crime Retributive Sentence
Theft
Murder
Terrorism
Rape
6. Denunciation
“ Punishment is the is the way in which
society expresses its denunciation of what
D is doing.” Denning LJ
Releasing the
names of child
offenders
Megan’s Law
[Sarah’s Law]
Vests for
community payback
7. Incapacitation
Tagging Exclusion or
Minimum Curfew Orders
sentencing
e.g. 3 conviction of Whole Life
domestic burglary
Sentences Driving Bans
Can we justify a whole life tariff?
Three of these men are currently appealing to the ECtHR on the
grounds that their is a breach of Human Rights as because there are
no reviews, it amounts to “inhumane and degrading treatment”
Look at the article at the back of your handout, and explain what
they have in common, and whether or not you agree with the
concept of a whole life tariff.
8. Deterrence
Fear of future punishment
General
stop others offending
Rioters
R v Whitton 1985
CCTV
Individual
stop you offending
Custodial sentence
ASBO posters
Naming Child offenders
Do criminals think
before they act?
9. Rehabilitation
Prevent future crime by looking at the causes of the
crime.
Drug & Alcohol
treatment orders
Custodial Education
courses
Community orders
Programme
requirement
10. Reparation
To ‘make good’ for the harm caused
Community Order Compensation
Order
Fines
Victim meetings
Confiscation
orders
Student Task:
Should Mr Hoare have paid his victim as share of
his winnings? Why/why not?
11. Student Task:
Evaluating the Aims
Working with your group, complete the table to develop your AO2.
Two points for each!
Below are some random statements to help you get started...
Can you spot where they should go?
Although the
Everyone is given the
programmes can This can be unfair on This is
same sentence,
work, there are not the one defendant sentencing
regardless of why
enough spaces for all who is singled out. people on
they did the crime.
the offenders the basis of a
risk they may
The victim could be
An offender must pose in the
receiving small
agree to a drug or Most crimes are future, not at
amounts for years, so
alcohol treatment impulsive the moment.
they can’t get over
programme
the crime.
12. Group Task:
Using your own knowledge, and what you have learnt about sentencing so
far, add as much detail to the sheet on your desk.
Youth Sentences
Adult Sentences
Mitigating factors Aggravating Factors
13. Starter:
Right or Wrong?
1. There are six main aims of sentencing contained in s.153 Criminal Justice Act
2003, in addition to the aim of reparation which is not contained in the Act.
2. The judge must select the most appropriate aim for each offender
3. Driving bans are an example of both retribution and incapacitation.
4. Some aims focus on the offender and why they have committed the crime, whilst
some focus on the crime committed by the offender.
5. Denunciation is carried out by the newspapers.
15. So how does it really work?
Bob has been convicted of five burglaries and is eligible for a four year
sentence.
Why are the papers up in arms because he could be released in less than a year?
BBC.co.uk
16. Case study:
Pleading Guilty
Alan Webster
What about a more radical
approach?
Student Task:
Read the enclosed article and
summarise the changes to the rules
on guilty pleas.
Do you agree with them?
How would the rules have affected
his sentence?
17. Do you understand the topic?
Example:
Mavis, who is a single
mother and a drug dealer,
steals Arthur’s wallet.
Arthur is a 24 year old
Student Task:
banker.
For each, decide on the
Mitigating Aggravating Aim &
mitigating and aggravating reason
factors and then on what
you think should be the
judges main aim in
deciding on sentence and
why!!
18. Finally
Describe the aims and factors taken into account in sentencing an offender. [18]
What can you tell me about how to
answer this question?
Now, you will have 10 minutes
to plan, and 20 minutes to
write up your response.
You can use the other
members of the class to help
with the planning!
19. Self Assessment
LEVEL 4 Good, well-developed knowledge with a clear
understanding of the relevant concepts and principles.
Where appropriate, candidates will be able to elaborate 15-18
by good citation to relevant statutes and case-law.
LEVEL 3 Adequate knowledge showing reasonable
understanding of the relevant concepts and principles.
Where appropriate, candidates will be able to elaborate 11-14
with some citation of relevant statutes and case-law.
LEVEL 2 Limited knowledge showing general
understanding of the relevant concepts and principles.
There will be some elaboration of the principles, and 6-10
where appropriate with limited reference to relevant
statutes and case-law.
A great thing you LEVEL 1 Very limited knowledge of the basic concepts
have done is... and principles. There will be limited points of detail, but
accurate citation of relevant statutes and case-law will 1-5
not be expected.
Better if you did...
Now, how
confident are you?
21. Plenary
How much did you already
know?
You’ve now been given back
your post-it charts . On your
posters, edit the three sections
on
Mitigating
Aggravating
Aims
Remove any which are ‘wrong’
and add it things that you have
missed (in pen or pencil)
The best one will be laminated
as revision!
