2. Starter:
What do you already know about sentencing?
Youth Sentences
Adult Sentences
Task: Mitigating factors Aggravating Factors
Working in pairs, and using
the mini post-its, complete
as much of the A3 sheet as
you can using only your
prior knowledge.
3. You are going to see two cases, and evaluate them exactly as the
magistrates or judges would.
Case One: Case Two:
200 hours unpaid,
Four Years
curfew weekly
Imprisonment supervision
4. So what are the actual aims?
s.142 Criminal Justice Act
With the exception of the first one, the others are known
by other labels...
2003 Can you match the label to the aim?
(oh, and spot which one is not in the Act?)
In sentencing a defendant, the court must
have regard to: 6 reparation 5 incapacitation
1. The need to reduce the crime rate denunciation 3 rehabilitation
2. The need to punish D for having
committed an offence 4 deterrence 2 retribution
3. The need to change the offending
behaviour
4. The need to deter the offender from
reoffending, and to deter the public by
example
5. The need to protect the public Looking at all the aims, which do
you consider the most
6. The need to compensate both the victim important in sentencing an
and society. offender and why?
5. Retribution
“an eye for an eye” Death Penalty Chemical castration
Fines Life Sentence
What would you do?
A literal example? Crime Retributive Sentence
Theft
Murder
Terrorism
Rape
6. Denunciation
“ Punishment is the is the way in which
society expresses its denunciation of what
D is doing.” Denning LJ
Releasing the
names of child
offenders
Megan’s Law
[Sarah’s Law]
Vests for
community payback
7. Incapacitation
Tagging Exclusion or
Minimum Curfew Orders
sentencing
e.g. 3 conviction of Whole Life
domestic burglary
Sentences Driving Bans
What about whole life tariffs?
Look at the article at the back of your handout, and explain what they have in
common, and whether or not you agree with the concept of a whole life tariff.
Three of these men appealed to the ECtHR on the grounds that there was a
breach of Human Rights as because there were no reviews, so it amounts to
“inhumane and degrading treatment”. They failed, but a number are still
challenging them in our courts
8. Deterrence
Fear of future punishment
General
stop others offending
Rioters
R v Whitton 1985
CCTV
Individual
stop you offending
Custodial sentence
ASBO posters
Naming Child offenders
Do criminals think
before they act?
9. Rehabilitation
Prevent future crime by looking at the causes of the
crime.
Drug & Alcohol
treatment orders
Custodial Education
courses
Community orders
Programme
requirement
10. Reparation
To ‘make good’ for the harm caused
Community Order Compensation
Order
Fines
Victim meetings
Confiscation
orders
Student Task:
Should Mr Hoare have paid his victim as share of
his winnings? Why/why not?
12. Have you got it?:
Right or Wrong?
1. There are six main aims of sentencing contained in s.153 Criminal Justice Act
2003, in addition to the aim of reparation which is not contained in the Act.
2. The judge must select the most appropriate aim for each offender
3. Driving bans are an example of both retribution and incapacitation.
4. Some aims focus on the offender and why they have committed the crime, whilst
some focus on the crime committed by the offender.
5. Denunciation is carried out by the newspapers.
13. Student Task:
Evaluating the Aims
Complete the table to develop your AO2.
Two points for each!
Below are some random statements to help you get started...
Can you spot where they should go?
Although the
Everyone is given the
programmes can This can be unfair on This is
same sentence,
work, there are not the one defendant sentencing
regardless of why
enough spaces for all who is singled out. people on
they did the crime.
the offenders the basis of a
risk they may
The victim could be
An offender must pose in the
receiving small
agree to a drug or Most crimes are future, not at
amounts for years, so
alcohol treatment impulsive the moment.
they can’t get over
programme
the crime.
15. Mitigating & Aggravating Factors
What else can affect the sentence?
Offence
committed
whilst on bail
Some of these
are statutory
and come from
the Criminal
Justice Act
2003...
... some of them
are common
sense!
16. Case study:
Pleading Guilty
Alan Webster
What about a more radical
approach?
Student Task:
Read the enclosed article and
summarise the changes to the rules
on guilty pleas.
Do you agree with them?
How would the rules have affected
his sentence?
17. So how does it really work?
Bob has been convicted of five burglaries and is eligible for a four year
sentence.
Why are the papers up in arms because he could be released in less than a year?
BBC.co.uk
18. Starter:
The dominoes of pain!
Can you put them in
order?
Lollipop level: No handouts
Sticker level: Helpful handouts
Too easy? Can you tell me which
aims are missing from the answers?
19. Guidelines
Put it into practice!
They provide complete guidance You have a copy of the guidelines for
on sentencing for the domestic burglary. Look at the scenario below
and apply the guidelines to sentence him.
Magistrates, and on some crimes
for the Crown Court. This helps
to promote consistency. They can On the spur of the moment, Sean,
only divery from them if it is ‘not 19, breaks into what he thinks is an
in the interests of justice’ empty house. He takes electronics
worth over £2000. As he is leaving,
Coroners and Justice Act 2009 the family’s 12 year old son disturbs
him. Sean, panicking, ties him up
and runs out, grabbing two silver
frames with the only pictures of
If they can’t help, then their recently deceased
look at previous similar grandmother. He has no previous
decisions of the Court convictions.
of Appeal.
20. Describe the aims and factors taken into account when
sentencing an offender. [18]
What can you tell me about how to answer this
question?
21. What’s your plan*?
On the front desk are three plan sheets. You need
to pick one of them. There is some guidance as
to which below, but the final choice is up to you!
Sheet A: Sheet B: Sheet C:
You are confident You are confident You have been
with the structure with the topic (with absent for part of
of an essay, and the help of the this topic; or
the depth of handout!) and are
You are very
content. happy determining unsure about the
your own detail. content and need
Your style of clear guidance.
essay writing is Your essay
clear and you structure is ok, but You may have a
have been may lack detail or low aspiration or
successful on key definitions. attainment at the
minute.
previous essays.
*if you ask nicely, I might even help!
22. Describe the aims and factors taken into account when
sentencing an offender. [18]
Task:
Use your notes and
understanding to complete
your essay plan.
Need more of a challenge?
Take a look at the BBC article on yesterday’s new offences. Could
you incorporate any recent developments to develop the detail in
your response?
23. What’s left?
Answering the Question of course!
20 minutes.
Remember what you want to improve…
and demonstrate your brilliance!
End
24. Peer Assessment
LEVEL 4 Good, well-developed knowledge with a clear
understanding of the relevant concepts and principles.
Where appropriate, candidates will be able to elaborate 15-18
by good citation to relevant statutes and case-law.
LEVEL 3 Adequate knowledge showing reasonable
understanding of the relevant concepts and principles.
Where appropriate, candidates will be able to elaborate 11-14
with some citation of relevant statutes and case-law.
LEVEL 2 Limited knowledge showing general
understanding of the relevant concepts and principles.
There will be some elaboration of the principles, and 6-10
where appropriate with limited reference to relevant
statutes and case-law.
A great thing you LEVEL 1 Very limited knowledge of the basic concepts
and principles. There will be limited points of detail, but
have done is... accurate citation of relevant statutes and case-law will 1-5
not be expected.
Better if you did...
Now, how
confident are you?
25. How bad is Mavis?
Mavis, who is a single
mother and a drug dealer,
steals Arthur’s wallet.
Arthur is a 24 year old
banker.
26. Snowballs of Application...
Each table has two problems
on their paper.
You have one minute to
annotate it with as many
mitigating and aggravating
factors as possible
You are then going to throw it
across the classroom and swap!
Watch out... Read the scenarios carefully!
27. Creating a problem answer.
Advise your defendant as to the factors and aims which would be
taken into account in sentencing them [12]
As Mavis is a single mother, this may work as a mitigating factor as if
she were sent to prison the children would be put into care
We are looking at least However, she is also a drug dealer which would act as a aggravating
5 applied points being factor as she is much more likely to reoffend.
used.
In addition, as she is a drug dealer she is unlikely to have another
income and so be more likely to commit a further offence, so the
Aim to include at least court would want to consider rehabilitation in her sentence, to try
three contradicted and provide an alternative. However, Arthur is likely to want some
points. compensation for the loss, so the court may also consider
reparation as a theory, and she could pay him compensation as part
of the sentence.
Use the defendant’s
name! As she has stolen his wallet, the harm is not likely to be high and this
may work as mitigating factor, and reduce her sentence accordingly.
Conclude. Overall, it would seem that the most important aim in sentencing
Mavis is rehabilitation to enable her to keep her family and stop
being a drug dealer.
28. Plenary
Which of these sentences sums up your status on
writing at the end of the lesson?
Essay Writing Application Question
Section A Section B
I can apply a wide range of points
I can identify a wide range of points
to a scenario and reach a well
and support them with detailed
informed conclusion.
description and citation.
I can apply the law to a scenario
I can identify a range of points, and
and reach a logical conclusion
add some detail to some of them.
I can apply some points of law to a
I can explain at least one point
scenario, but struggle to reach a
fully, and illustrate it with an
conclusion
example.
I can identify at least one relevant
I can identify a range of relevant
point in a scenario
points.
