Identify five sentences that are available to the courts.

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Tom Cook                09/05/2007

Criminology

Assignment 2

Task 1

This task will involve me identifying five sentences that are available to the courts (with at least one being custodial and one being non-custodial). I will then answer the questions based on these sentences asked in the assignment.

  1. Define and explain the sentence. Describe what it consists of and any other relevant factors (e.g.) its maximum duration, restrictions placed on its use, age range etc.

  1. All sentences have a rationale (aim) and are designed to achieve a purpose. There are generally considered to be four main aims of sentencing: Retribution, Deterrence, Prevention of crime/Protection of society and Rehabilitation. You are to explain what each of these theories mean and then for each of your five sentences above identify what you think is its main aim (i.e.) is it to rehabilitate, deter, protect or punish.

  1. The main division in sentencing practice in the UK is between custodial and non-          custodial sentences. You are to identify three advantages and disadvantages of each.

Non-Custodial Sentences

A non custodial order is a sentence given to an offender who has committed a less serious crime.  The offender is given community orders rather than imprisonment.  If the offender breaks any of the below orders then they will be re-sentenced and this is likely to result in them being given a heavier order or even a prison sentence.

The types of non custodial orders available are;

  • Community rehabilitation order (previously called 'probation order' and unhelpfully changed to this inferior new name)
  • Community punishment order (previously called 'community service order' - ambiguous but at least not absurd)
  • Community Punishment and Rehabilitation Order (previously the obtuse but at least not farcical 'combination order')
  • Curfew order
  • Attendance centre order
  • Supervision order 

Community Rehabilitation Order

This order involves being supervised by a probation officer. This can be experienced as penalising offenders in many ways including;

  • Having to face up to the crimes they have committed and the changes in which they need to make in their behaviour.
  • The time the order takes.

However, the court may include additional requirements to the order which could make it even harder for the offender. Additions to the order could include living in a probation hostel or going through a programme relating to their problem/crime they have committed e.g. a course for men who abuse women.

The community rehabilitation order lasts between six months and three years. During this time the offender must attend regular meetings so their progress can be monitored and to check that they are not a risk to the public. If the offender fails to comply with the order they will be re-sentenced. This order also allows and helps the offender to find and keep jobs.

Curfew Order

This is a very demanding order, not only does it result in the offender losing their liberty but also requires a very high level of self-discipline to stick with the order. There is nothing physically to stop the offenders going places which are banned but they are monitored by the electronic tag worn around their ankle. This tag gives the order it’s longer name of “Curfew order with electronic monitoring” or the shortened and more popular name of “tagging” The way in which the electronic tag works is that it will send a constant signal to a control centre. If the offender disobeys the curfew then the control centre is immediately alerted.

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The Curfew order lasts up to six months and the court will decide which hours the offender must remain in their home. The hours can be between two and twelve hours a day.

Advantages

  • Keeps track of the offender so if he/she was to break the order they would soon be traced.
  • Helps prevent from re-offending.

Disadvantages

  • There is nothing physically to stop the offender from breaking the order.
  • Can be an expensive order, costing more than £4000 to tag the offender.

Compensation Order

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