sentencing

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The main purpose of the sentencing is to protect the public and to ensure that justice is done. The purpose of sentencing for those 18 and over is defined by section 142 (1) Criminal Justice Act 2003
"Any court dealing with an offender in respect of his offense must have regard to the following purposes of sentencing" retribution, denunciation, incapacitation, deterrence, rehabilitation and reparation which will all be discussed in this essay.

Retribution (1900-1905) refers to an idea that offenders should be punished for committing a crime, but would not punish someone who was forced to commit a crime, i.e. duress. It can be sometimes viewed as a ‘revenge’ or ‘an eye for an eye‘.
e.g. R v Blake [1962] QBD George Blake, a spy, was given 42 year prison sentence.
This aim is based on the tariff sentence, e.g. rape = seven years imprisonment, however, the rape of the child would increase the sentence. This is one of the aggravating factors as well as the weapon used, an intention to cause serious bodily harm, violence or a hate crime.
‘ Aggravating Factors are any relevant circumstances, supported by the evidence presented during the trial, that makes the harshest penalty appropriate, in the judgment of the jurors.‘
[http://crime.about.com/od/death/a/mitigating.htm]
However, if offenders show the remorse, give the good reason for committed the crime or plead guilty (can reduce the sentence by 1/3), their sentence can be decreased.. All these factors are mitigating factors.
‘Mitigating Factors are any evidence presented regarding the defendant's character 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 to deter not o...

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...l duty that the child must be educated. For those aged between 10 and 17 The Crime and Disorder Act 1996 created Detention and Training order where the set period must be given between 4 months to 24 months. When the offender aged 18-20 committ a crime can be locked up in Young Offender’s Institution and then at age 21 will be transfered to the adult prison. The minimum sentence is 21 days and the maximum is the maximum sentence for the crime committed. If the young offender committed a murder, At Her Majesty’s Pleasure will set time which the judge will recommend e.g. Thomson and Venables spent about 8 years in custody. A court may also make a Parenting order where the court makes a child safety order or an antisocial behavior order, when a child is covicted of an offence. Then the parent is convicted of an offence relating to truancy under the Education Act 1996.

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