Topic > Sentence after a guilty verdict - 1987

A sentence is a decree of punishment awarded to a defendant who has been found guilty by a court or fixed by law for a particular crime. If a defendant is found guilty, the type and extent of the sentence will depend on a number of factors, which each judge or magistrate will need to consider. These factors include the six main objectives of sentencing (punishment, denunciation, incapacitation or protection of the public, deterrence, rehabilitation and reparation), the age of the defendant (as there are different types of punishment for young offenders), previous convictions ( if the accused has already committed a crime), the seriousness and nature of the crime committed (what the accused did and how serious the crime was), a medical report would also be important where doctors indicate mental health conditions or possible dependencies of the delinquent defendant. The probation service can produce a pre-sentence report, which indicates the offender's suitability for community order. Additionally, the court will consider aggravating factors that could increase the sentence, such as the weapon used in the crime, hate crime, child rape, whether the defendant was on bail at the time the crime was committed. crime, etc. There are also mitigating factors that need to be taken into consideration by the court and these could reduce the sentence by up to 1/3. These could occur when the defendant pleads guilty, shows remorse, or has a good reason why the crime was committed. Equally important for the court is to know the maximum sentence that can be imposed on the offender for the crime committed. After considering all factors, the court can now determine the type and amount of the sentence. In the English legal system there are many different types of sentence...... middle of paper ...... can give an absolute (unconditional) release, meaning the offender is technically guilty but morally blameless , then the court may decide that the experience of going to court is punishment enough, but the offender still has a criminal record. A conditional release can be granted when the offender commits a very minor crime for the first time and can last up to three years. But if the offender commits another crime, then he can be convicted for the first and also for the new crime. There are many types of sentences that could support different sentencing purposes as well. Some sentences can accomplish more than one purpose, so there are different ways that sentences can support different goals. But it will depend on the government and its policies. The Criminal Justice Act 2003 designated reporting and rehabilitation as the best objectives of sentencing.