Topic > Sentencing - 2034

The main purpose of sentencing is to protect the public and ensure that justice is done. The purpose of sentencing for those aged over 18 is defined by section 142(1) Criminal Justice Act 2003 "Any court dealing with an offender in relation to his or her offense shall have regard to the following purposes of sentencing" punishment, denunciation, incapacitation, deterrence, rehabilitation and remediation which will all be discussed in this essay. Retribution (1900-1905) refers to the idea that criminals should be punished for committing a crime, but would not punish someone who was forced to commit a crime, such as coercion. It can sometimes be seen as "revenge" or "an eye for an eye". For example R v Blake [1962] QBD George Blake, a spy, was sentenced to 42 years in prison. This goal is based on the tariff sentence, for example rape = seven years imprisonment, however rape of the child would increase the sentence. This is one of the aggravating factors along with the weapon used, the intention to cause grievous bodily harm, violence or a hate crime.' Aggravating factors are any relevant circumstance, supported by the evidence presented at trial, that makes the more severe sanction, in the judgment of the jurors, appropriate.'[http://crime.about.com/od/death/a/mitigating . htm]However, if the offenders show remorse, give a good reason for committing the crime, or plead guilty (can reduce the sentence by 1/3), their sentence can be reduced. All of these factors are mitigating factors 'Mitigating factors are any evidence presented regarding the character of the defendant or the circumstances of the crime, which would cause a juror to vote for a lesser sentence.'[http://crime.about.com/od/death/a/ mitigating.htm]Deterrence is aimed at discouraging not or...... middle of paper ......l duty that the child must be educated Disorder Act 1996 created a detention and training order under which the fixed period must be between 4 and 24 months the offender aged between 18 and 20 years commits a crime can be committed to prison. for young offenders and then at the age of 21 he will be transferred to the adult prison. The minimum sentence is 21 days and the maximum sentence is the maximum sentence for the crime committed. If the young offender has committed murder, At Her Majesty's Pleasure will set the time the judge recommends, for example Thomson and Venables spent around 8 years in custody. A court may also make a parenting order where the court makes a child safety order, or an anti-social behavior order, when a child is convicted of an offence. Then the parent is convicted of a truancy crime under the Education Act 1996.