This document discusses the different justifications for sentencing and imprisonment in the criminal justice system in England and Wales. It outlines five traditional models of sentencing: retribution, deterrence, rehabilitation, incapacitation, and restoration. While the 1991 Criminal Justice Act prioritized the retribution model, the 2003 Act stated that courts must consider punishment, crime reduction, rehabilitation, public protection, and reparation. The document examines how effective imprisonment is in achieving the goals of each sentencing model and raises questions about whether alternatives may better accomplish the purposes of the criminal justice system at a lower cost.

1. Does Prison ‘work’?
How effective is the prison
system in England and Wales?

2. What should sentencing (and thus
prison) be for?...
Justification for types of sentencing in the criminal justice
system have traditionally drawn of five models..
1) Retribution (desert/proportionality) model: ‘just’
punishment.
2) Deterrence model: prevent re-offending.
3) Rehabilitation model: reform of offender.
4) Incapacitation model: public protection.
5) Restoration model: making amends/reconciliation.

3. Which model is dominant in the
English criminal justice system?
How does prison fit into this
philosophical framework?

4. * Criminal Justice Act 1991 stated the ‘desert’ principle was the primary
rationale for sentencing – however, certain serious crimes require
‘incapacitation’ e.g. violent and sexual offences.
* Criminal Justice Act 2003 changed this.
Section 142 states: courts must ‘have regard to’:
(a) the punishment of offenders
(b) the reduction of crime (including its reduction by deterrence),
(c) the reform and rehabilitation of offenders,
(d) the protection of the public, and
(e) the making of reparation by offenders to persons affected by their
offences.
* 2003 Act - unlike 2001 Act – also stated that previous convictions could be
regarded by courts as an aggravating factor in seriousness of sentencing.

5. Overall effect of 2003 Act is:
‘Just Desert’ rationale is given far less emphasis –
‘Crime Reduction’ is acknowledged as more important than
previously.
BUT:
Evidence suggests there is considerable inconsistency in
sentencing and there is significant regional variation.
Moreover, sentencing practice and court use of custody in
recent years has been heavily influenced by the political
climate and ‘get tough’ political rhetoric.

6. Principles of sentencing in Youth Justice are
slightly different:
Criminal Justice and Immigration Act 2008:
For offenders under 18, all 5 rationales apply – but
* priority is given to reduction of further offending
* Custodial sentence should be avoided wherever possible – and
presumption is always in favour of community sentencing.
Thus – system is governed by more welfarist/rehabilitative
assumptions.

7. How far does prison further each
sentencing model?

8. Prison and ‘retributive’ justice.
Issues to consider:
1) To what extent is prison used proportionately?
2) Does the prison regime reflect the seriousness
of the crime?
3) Do the public have confidence in custodial
sentences?

9. Prison and rehabilitation.
Issues to consider:
1) Does prison reduce offending?
2) Are re-offending rates worse for prisoners
than those who receive community
sentences?
3) Does the prison environment improve or
hinder the physical, social and emotional
well-being of offenders?
4) Does prison prepare prisoners for life on
the outside?

10. Prison and deterrence.
Issues to consider:
1) Does the threat of imprisonment deter
potential offenders?
2) Is prison seen as sufficiently serious by
potential offenders?
3) What is the re-offending rate of prisoners? Is
it greater or better than offenders with
community sentences?

11. Prison and incapacitation
Issues to consider:
1)Is prison being used for serious and
dangerous offenders?
2) Are potentially dangerous prisoners being
released from prison without adequate
supervision?
3) Is the prison environment secure?

12. Prison and reparation.
Issues to consider:
1)Does prison further victim
reparation?
2) Is prison compatible with models of
restorative justice?
3) Can restorative justice be used as
an alternative to custody?

13. An additional factor to consider: Cost
Issues to consider:
1)How much does prison cost?
2) Is it cost-effective when compared to
alternatives to custody?