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). Address the harm suffered by the victim (reparation, restoration, compensation). The protection of the public (incapacitation). The principal of retribution endeavours to ensure that the offender suffers an equivalent level of harm as has been suffered by the victim of the offence. The theory of deterrence aims to prevent offenders from repeating the crime that they have been convicted of. Sanctions wit...
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...e and proportionate to the seriousness of the offence that has been committed. That each case should be judged on the individual aggravating and mitigating factors associated with the offence and on the other individual details of the offence. The circumstances of the offender and the harm caused to the victim of the offence or to the community should have an impact on the severity of the punishment that the offender will receive. It is therefore accurate to say that punishment should be commensurate with the seriousness of the crime. However, if the purpose of the punishment is that of deterrence the offender may receive a punishment that is much harsher than expected.
Bagaric, M. (2002) Punishment and Sentecing: A rational Approach, London, Cavendish.
Sentencing Avisory Panel (2002) Domestic Burgalry : The Panels Advise to the Court of Appeal.
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