Aims of Sentencing and Factors Considered
This page delves into the various aims of sentencing and the factors that influence sentencing decisions in the UK criminal justice system.
Aims of Sentencing
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Retribution: Punishment that fits the crime.
Example: Tariff sentences where each offence has a set punishment.
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Denunciation: Expressing society's disapproval.
Highlight: The sentence should reflect the blameworthiness of the act.
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Incapacitation: Preventing further crimes.
Example: Long-term prison sentences to keep dangerous offenders away from society.
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Deterrence: Discouraging future criminal behavior.
Highlight: Sentences may be above the norm to serve as a deterrent.
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Rehabilitation: Reforming the offender.
Example: Individualized sentences aimed at addressing the offender's specific needs.
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Reparation: Compensating the victim.
Example: Compensation orders and unpaid community work.
Factors in Sentencing
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The Offence
- Aggravating factors: Circumstances that increase the severity of the sentence.
Example: Previous convictions, offending while on bail, use of a weapon.
- Mitigating factors: Circumstances that may reduce the severity of the sentence.
Example: Cooperation with police, remorse, mental or physical illnesses.
- Aggravating factors: Circumstances that increase the severity of the sentence.
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Background of the Defendant
- Previous convictions
- Reports on the defendant's circumstances and motivations
- Mental health considerations
Highlight: As of October 2020, new guidelines encourage courts to take an individualized approach for offenders with mental disorders.




























