1. Sentencing …. Produced by Dr Peter Jepson. Prior to this Lecture you should have read and précised Chapter 14 of ‘The English Legal System’ (4th Edition) by J Martin. PRECIS NOTES WILL BE CHECKED. 2. No chatting in this Lecture. Switch OFF mobile telephones Take notes
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Note the emphasis - under the Criminal Justice Act 1991
the first objective was ‘denunciation and retribution’.
Attractive to victims and politicians
Provided through imprisonment and in some cases a fine.
Tariff sentences - problem is that it removes discretion.
If applied to fines - it may not deter the rich.
Plea of mitigation.
Antecedents – given by CPS about D. His past record, domestic circumstances etc.
Pre-sentence reports (Probation) - Obligatory before sending to Prison or giving a Community Service Order.
Victim impact statements – no obligation to take into account.
Medical Reports and Character Statements.
Purpose – to deter them and/or other people from committing such crime.
Individual– to deter the individual from re-offending.
General – to deter others.
Under s30 of the Powers of Criminal Courts (Sentencing) Act 2000 courts are under a duty to give reasons if they do NOT make a compensation order.
The idea is the criminals should pay
Compensation to the victim. Why?
Surely, the victim is society not an
Individual victim. V could bring a
Civil claim for compensation.
Court must give a reason for imposing a custodial sentence.
In 1951 - 50 per 100,000 were sent to prison - by 2001 it was 136 (see data 14.8.1)
Chief Inspector of Prisons – Sir David Ramsbottom - told a Home Affairs Ctte (in 1998) that 70% of women prisoners and 40% of young offenders did not need to be in prison.
Fines are not compensation to the victim
Common for minor offences – speeding, no TV licence etc.
Fines can be seen as retributive, or even reparation
Rich man, poor man problems.
Formula related to severity of offence and income of D abolished by Criminal Justice Act 1993 after criticism – Max fine now £5000 by Magistrates.
Absolute Discharge and Conditional Discharge!
Crime and Disorder Act 1998 provides for Anti-Social Behaviour Orders
These are Civil Orders for those aged over 10 who act in a manner that is likely to cause harassment, alarm or distress to someone of another household.
If D acts in breach of the order, there are criminal penalties.
Can mean anyone under 21.
Though provisions apply to those under 18 and others under 17.
Offenders under 18, except murder, tried in a Youth Court.
The ECHR has found that the trial in a adult court of Venables and Thompson had not in some respects been fair.
At what age is a child criminally liable?
Break into Five Law Firms …
One Law Firm to read pages 185-188 of ELS and explain what they consider are the best means of punishing youngsters.
Two Law Firmsto tackle the questions on page 185 of ELS.
Two Law Firms to tackle the activity on page 189 of ELS.
In Law Firms ….
Produce an essay plan for the examination
questions on page 197 of ELS