what are the 5 different types of sentences?
life sentences
madatory life sentences
indeterminate sentences
determinate sentences
suspended sentences
what are life sentences?
the most serious punishment a UK court can hand down.
- The judge sets the minimum time an offender must spend in prison before they are eligible for release by the Parole Board.
- The Parole Board decides whether to release the offender, depending on if it is safe and suitable to do so.
- If successful, the offender is released on licence where they will have to follow specific rules and conditions and be supervised by the
probation service. - The offender remains on licence for the rest of their life.
- Offenders have no automatic right to be released after the minimum term has been served.
- In 2018 around 10,000 prisoners were serving one of these sentences.
- They account for around 14% of the prison population- highest in Europe.
- Some IPP prisoners are serving these sentences- IPP sentences came into force in 2003 but were ruled unlawful in 2012 but still
around 2600 IPP prisoners in 2018.
what are mandatory life sentences?
This is compulsory and must be given to those found guilty of murder.
- Discretionary life sentences can also be given for other serious offences such as rape.
- In some very serious cases, a judge may sentence an offender to a whole life term- the offender will never be released.
what are indeterminate sentences?
These set a minimum time the offender must serve in prison.
- Offenders have no automatic right to be released after the minimum term has been served.
- The Parole Board decides whether to release the offender.
- If agreed, the offender is released on licence.
- In 2018 around 10,000 prisoners were serving one of these sentences.
- They account for around 14% of the prison population- highest in Europe.
- Some IPP prisoners are serving these sentences- IPP sentences came into force in 2003 but were ruled unlawful in 2012 but still
around 2600 IPP prisoners in 2018.
what are determinate sentences?
A sentence with a fixed length.
Most prisoners in the UK serve determinate sentences. (60-65,000 in 2018)
* In most cases not all of the sentence is served in prison eg If the sentence is 12 months or more, the offender is normally released
half way through, if the sentence is 12 months or more, the offender spends the first half in prison and the second half in the
community on licence,
* Offenders sentenced to less than two years are released on post-sentence supervision for 12 months, with regular meetings with a probation officer and specified requirements.
what are suspended sentences?
The offender is given a prison sentence but does not go directly to prison- up to 2 years.
- The court can also impose requirements such as entering drug rehabilitation programmes.
- The offender will be sent to prison to serve their original sentence if they commit crime during the suspension period.
- In 2018 16% of people convicted of serious offences received a suspended sentence
imprisonment for public protection + the criminal justice act 2003
the CJA 2003 allowed offenders to be detained indefinitely after serving their minimum sentence, if they are regarded too dangerous for release.
IPP sentences were ruled unlawful in 2012 and the sentence was abolished for new cases.
in 2019, there were still about 2,200 IPP prisoners.
what are the 4 sentencing frameworks?
imprisonment
fines
community sentences
discharges
does imprisonment meet its aim of retribution?
YES - Prison punishes people for their crimes by taking away their freedom-often imposing unpleasant living conditions on them.
NO - It’s difficult to say whether prison gives offenders
their just desserts- society disagrees on the
correct length of sentence for different crimes.
does imprisonment meet its aim of deterrence?
YES - The risk of going to prison should deter would-be offenders from committing crimes
and also actual offenders from committing further crimes.
NO - Deterrence only works if would-be offenders are
capable of thinking and acting rationally- drug and
alcohol addiction, poor education and mental
health issues are associated with offending.
does imprisonment meet its aim of public protection?
YES - Prison should be effective in protecting the public as it takes the offender out of
circulation-it incapacitates criminals
Eg. Whole life sentences/longer sentences (mandatory tariffs eg hate 2yrs)-keep
offenders permanently off the streets or for a longer period.
Indeterminate sentences-prevents dangerous criminals from being released until they
are no longer a danger to the public. There is a trend towards longer sentences so the public remain protected for longer, this includes mandatory minimum sentences.
Most offenders will be released on licence and with supervision orders.
NO - prisoners could still harm themselves,
other inmates or prison officers.
Prison can also be a ‘school for crime’, where prisoners acquire skills, attitudes and contacts that lead them to offend after their release. This could cause greater harm to the public.
Prison is also costly and critics argue that these funds could be used to pay for other ways of protecting the public.
does imprisonment meet its aim of reparation?
YES - One aim of punishment is for the offender to repair the damage caused by the
offence, both to the victim and to wider society.
The Prisoner’s Earnings Act 2011 states that prisoners who work outside of prison to prepare for their eventual release can be made to pay a portion of their earnings to victim support services to
take responsibility for the harm they have caused.
NO - few prisoners have the opportunity to gain work
in this way and so imprisonment does little to
meet the aim of reparation.
does imprisonment meet its aim of rehabilitation?
YES - Longer sentences enable prisoners to access rehabilitation programmes.
Family orientated units enable activities and more relaxed visits, including parental training
to invest in the importance of family. Also education is offered to some inmates
without literacy , numeracy or it skills.
NO - Short sentences means that there is not enough time to get to grips with long term problems.
Lack of education and training facilities to improve skills needed for employability.
Lack of funding to support anger management
courses
Issues of addiction and mental health issues not
being tackled.
48% of prisoners re-offend within a year of their release.
64% of those serving less than 12 months re-offend.
6,789 prisoners were recalled for breaching their licence in 2019.
what are community sentences?
they are imposed for offences which are too serious for a discharge or fine but not so serious that a prison sentence is necessary.
A Community Order given by the court will have one or more of these requirements;
* Supervision by a probation officer
* Between 40-300 hrs of unpaid work eg Community Payback
* A curfew or exclusion order
* A residency requirement eg to live at a supervised , probation-approved bail hostel
* A group programme, eg anger-management, drink-drivers etc.
* Treatment for drug and alcohol addiction (including testing) or for mental health issues
do community sentences meet their aim of retribution?
YES - Curfews, unpaid work and tagging all place restrictions on the offenders’ time and movements.
This limits their freedom.
People may be made to wear an electronic tag or high visibility jacket displaying the
“Community Payback” logo. These are seen by the public and so the offender is named and
shamed in their community.
do community sentences meet their aim of public protection?
YES - If an offender breaches their community sentence they can be sent to prison, further
protecting the public.
Curfews and tagging are also a means of identifying the whereabouts of offenders which also
protects the public in some communities.
NO - strictly speaking the community sentence does
not achieve the aim of incapacitation to remove the offender from society
do community sentences meet their aim of reparation?
YES - A community sentence involves completing unpaid work to repair damage they or others may have caused to their community.
They give something back to their victim or community by removing graffiti, cleaning
wasteland or improving community facilities eg decorating a community centre or planting in
a community garden.
do community sentences meet their aim rehabilitation?
YES - Community sentences aim to tackle the complex needs of offenders eg.
Homelessness, drug misuse, unemployment and a lack of education , to aid their rehabilitation.
Offenders may have to undergo treatment for drug addiction or complete job training to gain
employment.
Community sentences are more effective than short prison sentences in preventing
reoffending.
In one Ministry of Justice study, 34% re-offend within 12 months of starting their community sentence compared with 64% of those serving prison sentences of less than 12 months.
The Prison Reform Trust found that community sentences are particularly effective for those with many previous offences. For those with 50+ previous convictions, re-offending is 1/3rd higher for those given short prison sentences rather than a community sentence.
NO - The use of community sentences declined from 14% to 7% between 2007 and 2020.
what are fines?
fines are financial penalties for offending.
they are given for less serious offences and are often handed out in Magistrates Courts.
Even with more serious indictable offences, about 15% of those found guilty receive a fine.
what does the size of the fine depend on?
The size of a fine depends on these factors:
- The offence: The law states a maximum fine for certain offences
- The circumstances of the crime: Sentencing guidelines give a range of options eg was it was a first offence? or how much harm has been caused?
- The offender’s ability to pay: A poorer defendant will receive a smaller fine and may be asked to pay in instalments.
- Which court hears the case- magistrates can only impose fines up to £5000 or £10000 for two or more offences.
do fines meet their aim of retribution?
YES - There is a financial loss involved for the offender, this will mean they have to make sacrifices.
do fines meet their aim of deterrence?
YES - Fines are a good way of punishing first offenders –they signal
that worse punishments will follow if they re-offend.
The offender may not re-offend to avoid further punishment.
NO - Offenders who don’t pay a fine without good reason could be sent to
prison.
Courts can seize property or deduct benefit payments in the event of
non-payment.
The amount of unpaid fines is quite high- in 2016 £747m of fines went
unpaid.
These unpaid fines are often written off as uncollectable.
This means fines may not meet the aims of punishment.
what are discharges?
When the court finds someone guilty of a minor (usually first-time) offence but decides not to hand down a criminal conviction,
they will be given a discharge.
what are the 2 types of discharge?
Conditional : The offender will not be punished unless they commit another offence within a set period of time.
This is set by the court- up to 3 yrs. If they commit another offence they can be sentenced for both the original and the new
offence.This results in a criminal record
Absolute/Unconditional : This means that no penalty is imposed on the offender.
This happens where the offender is guilty but where punishment would be inappropriate, usually because the defendant is
morally blameless.
An example of this is the Thirsk rail crash in 1892 - 10 people died, a signalman was found guilty of manslaughter but given an absolute discharge because of the unusual circumstances of the case.
