Determinate prison sentences
If for example a judge gives a two year sentence then it is a determinate sentence as the sentence is fixed. If this sentence is under twelve months, the offender will be released half way through serving and spend the rest of their sentence with the probation service on ‘licence’.
Indeterminate Sentences
If a court presents an offender with an indeterminate sentence, then a minimum sentence is implemented but there is no fixed end point. The minimum sentence is named a tariff; however this sentence does not give the offender a right of release at the end of the tariff. At this point the parole board will decide whether this offender is safe to be released back into the community and if so, they will be released on licence. If the offender is still a threat to the community they will remain imprisoned. This sanction is commonly used to punish violent crimes, such as rape and manslaughter.
Life sentences for murder
A life sentence is always given to offenders who are guilty of murder. Other serious offences can also result in a life sentence. A life sentence doesn’t necessarily mean life in jail, but if an offender is released the licence conditions last for the rest of their life. Similarly to a Indeterminate sentence, but a court instead of giving a definitive date the offender must serve, a offender serving a life sentence will be given a date which they could be considered for release. In some very serious cases, a court may impose a full life sentence with no option of release.
However there are critics who suggest this sanction is not as effective as it sets out to be. Whilst prisons have the purpose like all sanctions; to correct the men’s rea and rehabilitate the offender’s behaviour and to set an example for would be criminals. Imprisonment separates offenders from ‘real life’ and places them in a populace of criminals
Whilst the prison system effectively keeps dangerous criminals from the community, the less dangerous offenders who are placed in prisons for short sentences often re-offend. The re-offending figure has now reached over 60% according to a survey and keeping an offender in jail for a year costs £50,000 approx which could provide a house or life-saving mechanism is not just damaging our communities, it is also putting a hole in our finances as a country. Offenders who commit less serious and victimless crimes are more frequently now being placed in programmes within the community to ‘pay back’ the damage they have done to the community.
Community Sentencing
Offenders such as those guilty of vandalism, noise pollution and anti social behaviour can be expected to do a certain amount of hours of unpaid work such as litter picking and removing graffiti, volunteering in establishments such as care homes and charity shops. These sentences are sometimes used in conjunction with a prison sentence or court fine depending on the seriousness of the case. ‘Community payback’ is sentenced between four and three hundred hours and is always unpaid depending on the circumstances of the offender the sentence is tailored, such as a offender charged with being drunk and disorderly may also have to partake in AA meetings, therapy or treatment. A young offender may be sent to an educational establishment for those with behavioural issues and some offenders will be made to do training for a job. Some also have curfews, amongst many other conditions.
Community payback is organised with the community to ensure the work benefits the community’s needs. Offenders who break their terms may incur imprisonment or further punishments
Community service is cheaper than sending a offender to prison by £47,500 currently and can be very beneficial to the offenders rehabilitation, for instance crimes may be committed by people that ‘fell into the wrong crowd’ and this work gives them routine and discipline. Offenders who need serious help have support also, through several agencies who deal with drug, alcohol and solvent abuse. Community service can also provide an education, some councils provide offenders with English and maths skills, a pre-requisite for most jobs and college courses. Offenders will also see the true extremity and consequences of their actions, as some community service is tailored to the crime committed, such as defacing a public area could be punished with cleaning this area. Re-0ffending rates are also lower than short prison sentences, at 38% instead of 60% according to the BBC in July 2010
However, Community service is still at some kind of scrutiny from the public. Work is seen as ‘too easy’ and it can be argued that it is grossly unfair for example; a shoplifter be punished with work such as painting fences, whilst the shopkeeper who is the victim is punished for however long it takes to recuperate either emotionally or fiscally. Only 65% of community service is completed, leaving the other 35% of offenders in prison, defeating the point of this trial. However, it provides a good alternative to a short sentence in prison. Community service has changed the lives of many petty criminals for the better and benefits the country as the work is needed.
Court Orders
Some crimes are regarded not serious enough for community service or a prison sentence; these ‘low level’ crimes are dealt with by the magistrate’s court or a court of petty sessions. This is the lowest level of court and offenses can consist of not paying council tax, speeding, driving without insurance and petty theft. The amount fined depends on a means form filled in by the offender which details the financial circumstances of the offender to make sure they will be able to pay it. This depends on savings and income, alongside with responsibilities and outgoings. Compensation will be charged if the crime committed affected someone else known as the victim. A notice is issued, informing the offender of how much, how to and the date which they need to pay by. If an offender doesn’t pay the fine and doesn’t inform the court they cannot pay, a further court hearing will be issued and they may seize possessions from the offender such as their car, or directly seizing monies from the offender’s bank account. Failure to pay can also result in imprisonment
Court fines can be effective because people don’t generally want to part with money. These can deter petty criminals from re-offending because to someone on a low income, for example a £50 fine is a considerable amount. They also reduce the amount of offenders being imprisoned and placed on community service.
However, in 2002 it was reported that court fines are almost ‘voluntary’ with only 40% being paid in some areas in England. Court fines are badly organised, some written off because offenders have gone ‘missing’. Criminals may see these fines as a let off and continue offending.
Punishment for young offenders
Some crimes are not suitable to be punishable by prison, community service or a court fine. These fines relate to young people, and their parents.
If a child continuously misbehaved at school enough to be excluded more than twice or persistently truants or commits a crime in the community, a court can issue the child’s parents with a parenting order which states they must attend parenting classes. They will also be made to ensure their child meets a sort of licence such as meetings with the school and being at home at certain times. Parenting orders have been successful in the UK with around 90% of parents praising their effectiveness. They also display the importance of a child’s behaviour and if there are any problems within the household, this scheme may highlight these and provide a solution.
ASBOs are anti social behaviour orders and can be given to any person over the age of 10 years old for frequently showing anti social behaviours such as harassment and violence. These orders state only negative obligations and shows how the offender must not behave. To give an ASBO the courts must perform a two-stage test according to the Crime and Disorder act of 1998. This must firstly show that the ‘defendant has committed acts causing or likely to cause harassment, alarm or distress within six months of the date of issue of the summons’, and secondly ‘that an order is necessary to protect persons from further anti-social behaviour’ The ASBO can prohibit offenders from public places or towns and if they continue with their anti social behaviour the offender could expect to be imprisoned for unto five years, or if the offender is under 16, the court must make a Parenting Order. Offenders who need further help managing their behaviour or dependencies on drugs or alcohol could be subject to a Individual support order which is tailored for offenders aged up to 17 years and provide treatment for drugs, alcohol and anger problems. If an ISO is broken, the offender’s parents are fined.
ASBOs have faced critics which have been highlighted by the media. ASBOs have been noted for being easy to obtain by the courts, in 2005 it was noted only 3% of ASBOs get rejected but 2002 data from the Home Office stated almost half (44%) of people receiving an ASBO in England had a problem with substances and 16% had behavioural problems. This suggests that cases are not considered well enough, for instance in Manchester the council was forced to pay £2,000 compensation in July 2007 for wrongly giving an ASBO on the grounds of a neighbour’s complaints. ASBOs can also lower morale for offenders. It presents a stereotype of the person which can be hard to shift. This could affect family life, school life and future employment and could lead to further serious issues.
Punishments for young offenders are generally successful however in some cases it is the parent who is punished, not the offender. There is no evidence to say that ASBOs are reducing crime, as per the breach levels and being prohibited from visiting a certain street will do nothing to stop that individual committing crime. However the implemented curfew in so many ASBOs does give a feeling of safety to the community the offender has befouled.
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