Sentencing Notes

 Denunciation was previously an aim of the sentencing but this has changes over the years. Tariff Sentences are guidelines used to set what offences and the range of the sentence that is appropriate for certain crimes.

Protection of public is an aim that aims to protect the public from the offender’s future crimes. It may be by way of making the offender incapable to recommit such as imposing exclusion orders or curfew requirements, sentencing the offender to jail or even reform the offender. By placing an offender in custody, they are prevented from committing future offences. While this has its merits, it is expensive and may be counterproductive in the case where offenders pick up new ideas from cutody. Offenders may even be subject to take lie detector tests prior to their release as a way to check if they plan to recommit in the future.

Rehabilitation and Reform looks closely at the offender’s potential to reform. Sometimes it is seen as an over lenient response and may lead to society view of the offender ‘getting away with it’. It is closely linked to non-custodial sentences such as community sentences and various range of courses like anger management, alcohol and drugs abuse awareness. It is costly and not always a successful option. Deterrence aims to reduce future level of crimes. This includes Individual deterrence that aims to prevent the offender from recommitting or society deterrence that include imposing exemplary sentences to reflect societal disapproval on the offenders act. However this is in conflict with the aim of punishment as the punishment may be higher than proportionate to the offender’s crime. It may be ineffective when there is lack of publicity and the power of deterrence may weaken every time an offender is caught. A low rate of detection may also be the cause of ineffectiveness.

Compensation to the victim is closely linked to restorative justice which the government use to provide remedies to their victims at the community at large. zl