1. Discuss the range and effectiveness of custodial sentences for adult offenders.
Range – available for 21years plus offenders
• Mandatory life sentences - the judge has no discretion but is allowed to state the minimum
number of years that they must serve before being eligible for release on licence. Governed
by the CJA 2003.
o Whole life term
 where murder of 2 or more persons and each involves substantial degree
of premeditation/planning/abduction/sexual/sadistic conduct
 Murder of child involving abduction or sexual/sadistic motive
 Murder done for advancing a political, religious or ideological cause
 A murder committed by a previously convicted murderer
o 30 years
 Murder of police officer in course of duty/using firearm or explosive/sexual
sadistic murder of an adult/racially or religiously aggravated
o 15 years given if not life or 30
o 12 if under 18
Then consider aggravating (give examples) which increase the term and mitigating (give
examples) factors which may result in a term less than the starting point.
• Discretionary life sentences
o Serious offences (give examples) judge have discretion and can give any lesser
sentence (with maximum of life) including discharge/fine.
• Custody plus/extended sentences (short-term sentences)
o S.85 CC(S)A 2000 for sexual or violent offences
o Given custodial sentence plus a further period (extension period) during which they
are at liberty on license.
o Cannot exceed 10 years for sexual/5 for violent offence
o Idea = greater control
• Fixed Term sentences
o Imprisonment for a set number of months or years
o Serve half sentence before automatically released
o Dependant on maximum term, seriousness of the offence and defendants past
record
• Suspended sentences (custody minus)
o Up to 2 years (6 months max in mags)
o If during that time the D re-offends then the prison sentence is activated and the
offender will serve that sentence together with any other sentence for the new
offence.
o Given where offence is serious enough to warrant a custodial sentence but there
are exceptional circumstances justifying a suspension.
o Can be combined with any requirements used in a community order (unpaid work,
prohibited activity, curfew, exclusion, supervision).
• Minimum sentence – 7years for anyone 18 years plus who is convicted on 3 separate
occasions of dealing in Class A drugs, 3 years for those convicted for burglary 3 times.
• Home Detention Curfew
o The CDA allows early release from prison on the condition that a curfew condition is
included. It is enforced by electronic tagging
o Not an automatic right – each offender assessed. If the order is not made then must
serve half there sentence before release.

2. Effectiveness
Prison sentences protect the public from dangerous criminals as they cannot commit crime while in
prison, but as can be seen above, most offenders are only in prison for a limited period (even with
mandatory life sentences) and so this has limited effect. Although it could be argued the supervision
whilst on licence negates this claim.
It is claimed that prison offers opportunities to rehabilitate offenders and deter them from
reoffending. A 2007 home office report in 2007 argues that rougher jail sentences DO deter criminals.
Convicts jailed for less than a year are almost 50% more likely to commit fresh crime within 2 years of
their release than those locked up for between one and four because they are older and have had
more time to become rehabilitated. Although this may be the case in some prisons such as Long
Lartin, it is limited due to lack of funds and overcrowding. Recent statistics have shown that over half
of young offenders re-offend and this has been shown to have a direct link to overcrowding and
increasing prison populations. A study by Dr Carol Hedderman, a former senior Home Office
researcher, has shown a direct relationship between the expansion of the prison population and the
growth in the percentage of prisoners reconvicted within two years of leaving jail.
Britain's prison population has increased by more than a third in the past decade. At the same time,
the percentage of prisoners committing offences within two years of leaving has surged from just
over half to almost two-thirds. The UK’s prison population is much higher than in any other European
Country.
Home Detention Curfew – allows prisoners to restructure their lives and aims to reduce the likelihood
of re-offending. Also releases prisoners early and therefore reduces the prison population.
Suspended sentence – it used to be the case (prior to CJA 2003) that the sentence could only be
combined with a fine or compensation order (not community orders) which meant that the offender
was unsupervised and so it was seen as the ‘soft option’. It reduces prison population.
Prison should only be used where really necessary as stated in the Criminal Justice Act 2003 – many
who are in prison however, could and should be dealt with elsewhere, e.g. the mentally ill, children,
drug offenders, trivial shoplifters and those who have failed to pay fines.
Prisons are expensive £24,000 per year per prisoner and lead to other social expenses e.g. family
breakdown and unemployment.
Prison punishes innocent as well as guilty people as the families of prisoners suffer stigma and
financial difficulties as well as relationship breakdown.
Prison conditions are very poor in many prisons which lead to increased risk of suicide.

3. Discuss whether the various aims of sentencing are met by the range of sentences available for
adult offenders.
You are able to hit AO1 and AO2 marks throughout this essay by following the structure:
1. AIM
2. SENTENCE AVAILABLE TO ADULT OFFENDER MOST LIKELY TO MEET THIS AIM
3. OVERALL EFFECTIVENESS OF THE AVIALBLE SENTENCE IN MEETING THE AIM
PUNISHMENT
Describe the aim:
Sentence available: tariff sentencing.
Effectiveness:
REDUCTION OF CRIME (DETERRENCE – INDIVIDUAL AND GENERAL)
Describe the aim:
Sentence available: harsh (non-tariff) sentences
Effectiveness:

4. REFORM AND REHABILITATION
Describe the aim:
Sentence available: community requirement orders
Effectiveness:
PROTECTION OF THE PUBLIC
Describe the aim:
Sentence available: custodial/incapacitation sentences
Effectiveness:
MAKING OF REPARATION BY OFFENDERS TO PERSONS AFFECTED BY THEIR OFFENCES
Describe the aim:
Sentence available: fines, compensation
Effectiveness:
DENUNCIATION
Describe the aim:
Sentence available: custodial
Effectiveness:

5. CONCLUSION
Draw your points together – are the available sentences effective in meeting the various aims of
sentencing. Does there seem to more emphasis on one rather than the other? Why might this be?