This website uses cookies to ensure you have the best experience. Learn more

Aims Of Sentencing Essay

2919 words - 12 pages

The issue in this question is regarding the effect of Criminal Justice Act 2003 (CJA 2003) to previous English sentencing system regarding one of the aims of punishment i.e. retribution. It is a duty for courts to apply under section 142 (1) of CJA 2003. The section requires the courts to have regarded the aims in imposing sentence to offenders which has now plays a smaller role in serving punishment. And how profound this changes has been.
I will discuss briefly about (a) historical background of CJA 2003, (b) identify who is CJA successor, (c) recognise difference in principle between CJA and its successor i.e. principles, aims and prioritises, (d) as how it bring effect to aims of sentencing today to offenders, victims and communities, (e) and clarify which type of aims actually the court based upon in deciding the appropriate sentence to adult offenders in respect to custodial and community sentence. To agree or not to agree with the statement.

HISTORICAL BACKGROUND OF SENTENCING POLICY
Before 1991, there was no statutory provision or general statutory framework comprising aims of sentencing which courts ought to rely upon. This had left the courts to decide on its own based on the facts of the case what is the best sentence for offender. However, by granting unlimited power of the court in fixing sentence, this caused uncertainty as on what basis the courts has reached upon such sentence. Hence, in 1991, CJA was set up in order to have a systematic approach to achieve aims of punishment. The main provisions under the 1991 Act were dominant by retributive theories which focused on sentences must commensurate with the seriousness of the offence. However, some parts of the legislation reflect utilitarian theories in the guidelines.
The primary objective in the 1991 Act was to ‘fix a sentence suitable to offender’s culpability’ as stated by The Streatfield Committee in 1961. Previously as mentioned in Sargeant (1974), sentencers were freely to apply any of the aims in fixing a sentence for an offender. Hence, the CJA 1991 was created in order to achieve uniformity and consistency in sentencing. However, when the concept of culpability becomes the basis of fixing a sentence, it leads to a heavier sentence for an offender. During that time, it has been seen as a balanced scale between seriousness of an offence and justice.
Subsequently, CJA 2003 enacted to replace 1991 Act after Halliday Report criticising the sentencing system in the latter. The system was said too focused in ‘just desert’ theory. The failure was obvious that focusing too much on retributive theory rather than rehabilitation or deterrence has caused the need of prison expansion as the result of blameworthiness concept applied in CJA 1991. The Act not exclusively defined neither in statutory provision nor by common law, seriousness concept in the context of retribution theory which led to lack of clear purpose as to future effect of the sentence.
The Halliday Report...

Find Another Essay On Aims of Sentencing

Legal Essay

1554 words - 7 pages The New South Wales Criminal trial and sentencing process is adequate in balancing the rights of the victims, offenders and society however like any legal system is does have its faults. The options in the trial and sentencing process are stipulated in the Criminal Procedure Act 1986, the Crimes (Sentencing Legislation) Amendment (Intensive Correction Orders) Act 2010 and the Crimes (sentencing procedure) Act 1999 which features the use of

Purpose of punishment Essay

1375 words - 6 pages power in that excessive exemplary or incapacitative sentences become unacceptable. Second, it reduces the unjustifiable sentencing disparity, as two offenders whom commit the same crime will receive similar punishments, irrespective of race, culture or background.DeterranceDeterrence is the second main theory of punishment and it aims to reduce crime by the threat or example of punishment. Unlike retributive theories, deterrent theories are

Compare and Contrast conferencing schemes in different jurisdictions in Australia

2796 words - 11 pages . The guidelines for youth justice conferences are set out in Part 5 Division 1, section 34(1) of the Act. This section has been drawn from the UN Convention on the Rights of the Child, the Beijing Rules relating to juvenile justice and other relative international instruments.Referrals for the conferences can be made by police pre-court or by the court as sentencing options. If there is a dispute as to the appropriateness of a conference for a

Evaluate the argument that sentencing for certain types of crime is increasingly being influenced by the principles of 'retribution' and 'deterrence'

1572 words - 6 pages retribution and to satisfy a moral sense; society likes to see criminals punished and sentencing gives the victims of crime, if any, a sense that justice has been done.Punishment is seen as the correct moral outcome of criminal activity. This is an example of classicism; where a crime is viewed as being an offence against the whole of society. When examining the issue of sentencing we need to identify the aims of punishment. When passing a sentence

'Consider what you think are the key aims of a criminal trial and explain, with reasons, the extent to which you think the Crown Court or magistrates’

1689 words - 7 pages Within criminal court proceedings, there are two key aims that need to be upheld. Firstly, the trial should be fair, most importantly with respect to the consistency of judgments that are given for comparable offences; additionally, judges and juries must fully consider each case individually. Secondly, a judgment ought to come from a body that is representative of the local population; those making judgments should be without any prejudices

Through Adherence to the Rule of Law, Does the Prison Service Ensure that Justice is Administered Properly?

2431 words - 10 pages ministry of justice (2014) key principles are to promote diversity, equality of opportunity and combat unlawful discrimination. The prison service aims to provide an establishment were prisoners are treated humanely, decently and lawfully. To secure these objectives the prison service works closely with other criminal justice agencies and ensures staff have support to achieve there aims effectively. Black defendants are more likely to receive

Restorative Justice Gaining Support in South Africa

1591 words - 7 pages 2002) makes provision for programmes to be initiated that are aimed at; but not excluding; community service, “compensating the victims of the crimes,” “early intervention, including family group conferencing…” and “restorative justice as part of appropriate sentencing…” The last two aims added by the amendment Act shows that South Africa is moving towards restorative justice. Similarly, The Justice Crime Prevention and Security Cluster (JCPS

Carl Williams Law Assignment

2399 words - 10 pages sentencing. Section 2 (I,ii) Summary of the lawStatutory provisions and precedents(VIC) Sentencing Act 1991 - SECT 16At the time of the murder of Michael Marshall Carl Williams was on bail for a drug trafficking charge. The judge had to decide if he would add the sentence of the drug trafficking charge to his sentence Section 16 of the sentencing act states that -"Every term of imprisonment imposed on a person for an offence committed whilst released on

The Impact of Formalising Plea Bargaining on Justice and Equality in the English Legal System

4139 words - 17 pages cautious in playing any role in plea arrangements; although as a result of the Powers of Criminal Courts (Sentencing) Act 2000 must now indicate in court if a reduction in sentence has been granted to a defendant. The Court of Appeal considered judicial intervention in plea arrangements in the greatly controversial case of R v Turner.[7] In this case the defendant had changed his plea to guilty on reliance that counsel was

The Work of the Magistrates Court and Magistrates

1995 words - 8 pages lease land or premises - all committee premises are owned or leased by the paying authority, which also provide 20% of MCC finding. The other 80% is the responsibility of the Lord Chancellor's department, subject to a cash limit. Each MCC has a strategic plan with specific direction and aims identifying objectives and targets covering the following areas: staff management, premises management, resources management

Charter Case Analysis: R.v.Latimer

1463 words - 6 pages a new trial. The second trial came and Latimer was then again sentenced with second degree murder, but this time with a sentence to one year in jail followed by one year with parole. The jurors felt that the act was not a vicious crime but it was committed out of love for the man’s daughter. Unfortunately, things did not get easier or better for Latimer from here because the case was back in the courts on October 19th 1998, and the sentencing

Similar Essays

Discuss How The Courts May Incorporate The Different Aims/Theories Of Sentencing During The Process Of Sentencing Offenders

2346 words - 10 pages A sentence is a decree of a punishment assigned to a defendant who was found guilty by a court, or fixed by law for a particular offence. If is a defendant found guilty, the type and amount of the sentence will depend on a number of factors, which every judge or magistrate must consider. Between these factors belong the six main aims of sentencing (retribution, denunciation, incapacitation or protection of the public, deterrence

Criticall Evalute The Statement 'punishment Should Be Commesurate With The Seriousness Of The Offence'

1308 words - 6 pages the punishment is also a factor that should be taken into consideration when sentencing offenders. The are five reasons for sentencing which are contained in section 142(1) Criminal Justice Act 2003. The courts are required to have regard to the purposes of sentencing. The purposes of sentencing are to punish the offender (retribution). Deter the offender from reoffending (deterrence). Reform and rehabilitate the offender (rehabilitation

Dangerous Offenders Legislation Essay

2254 words - 9 pages implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that

Do You Think That Dangerous Prisoners Legislation Which Allows The Further Detention Of Prisoners Based Upon Their Risk Of Committing Further Crimes Is Justified Or Unjustified?

2259 words - 9 pages implications of such sentencing provisions and the impact it has on the whole Justice System. The writer will also address the conflicting goals of Corrections and the purpose and impact of indefinite sentencing while exploring the justifications against such legislation. This essay also aims to show that even though we may feel disgust for these types of offences we must remember the fundamentals of the Criminal Law system and understand that people are