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sentencing

Last modified: Thu Feb 23 16:37:38 2006

The basic principles governing sentencing for criminal offences were consolidated by the CriminalJusticeAct1991, and revised by the PowersOfCriminalCourtsSentencingAct2000. Under the prevailing legislation, convictions for a criminal offense can attract a fine (see: Finesentencing), a CustodialSentence or a CommunitySentence, of which there are various types.

Sentencing is influenced by a number of different principles. The sentence may be a deterent, a protection for society against the criminal, a means for the criminal to reform and be rehabilitated into society, or a form of retribution. Currently the principle of retribution seems to predominate; that is, the punishment should represent the offender's `just deserts'. Partly this results from the natural inclication of the Judiciary and, indeed, of the public. A more cynical view is that, as a society, we have been singularly unable to determine how to reform criminals.

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