UK Criminal Offences & Sentencing

• A sentence for a crime depends on the crime's type, seriousness, and circumstances.
• Judges consider factors like age, crime severity, criminal record, and guilty plea when sentencing.
• Mitigating and aggravating factors are presented to the judge by prosecution and defense.

Categories of Criminal Offences in the UK

• Offences against the person.

• Theft and dishonesty.

• Sexual offences.

• Harmful or dangerous drugs.

• Criminal damage.

• Firearms.

• Immigration.

• Evasion of liability / Bail offences.

• Bomb Threat and Bomb Hoaxes.

• Offensive Weapons.

• Protection of Children and Vulnerable adults.

• Judges consider five purposes of sentencing when deciding punishment.

• These purposes are: punishing offenders, reducing crime (including deterrence), reforming offenders, protecting the public, and making offenders offer reparations to victims.

• Aggravating circumstances increase a crime's severity, for example, burgling an occupied house at night.

• Mitigating circumstances, like personal problems affecting behaviour, may reduce a sentence.

• Criminal Behaviour Orders (CBOs) replaced ASBOs in 2014 for persistently antisocial individuals involved in criminal activity.

• CBOs address behaviour causing harassment, alarm, or distress to unrelated individuals.

UK Prison System

• Prisons are buildings where individuals are legally held as punishment for serious crimes or while awaiting trial.
• "A stay at Her Majesty’s Pleasure" refers to imprisonment managed by the Government.
• Since 1990, private companies like Sodexo Justice Services manage some prisons.

Should Prisoners have the right to vote?

• Arguments for include: losing voting rights hinders rehabilitation by reducing civic duty, loss of franchise isn't a deterrent, and the European Court of Human Rights considers the blanket ban a Human Rights Act violation.
• Arguments against include: those who commit crimes against society forfeit their right to influence it, the threat of losing voting rights deters crime, and giving criminals influence over laws undermines justice.

Male Prison categories in the UK

• Category A prisons are high-security facilities for those who pose the biggest threat to the public or national security.
• Category B prisons are local or training prisons that hold prisoners directly from local courts.
• Category C prisons are for training and resettlement, providing offenders with skills for life after prison.
• Category D prisons are open prisons with minimal security, allowing prisoners to work or study outside the prison on license.

Life sentences

• A life sentence is mandatory for murder convictions, may be given for serious offences like rape, terrorism and armed robbery,
• A life sentence lasts for the rest of a person’s life.
• Released prisoners can be re-imprisoned for committing another crime.
• Whole life term means there’s no minimum term set by the judge, and the person’s never considered for release.
• Determinate prison sentences have a fixed length.
• Sentences of 12+ months involve half in prison and half in the community "on license".
• Breaching license conditions can lead to re-imprisonment.
• Sentences under 12 months typically result in automatic release halfway through.
• Indeterminate sentences lack a fixed release date.
• Inmates must serve a minimum time (tariff) before parole consideration.
• The Parole Board decides on release for indeterminate sentences, given when courts deem an offender a danger to the public.

Young Offenders

• The youth justice system in England and Wales treats those aged between 10 and 17 differently from adults.
• Youth Court handles the majority of cases involving 10-17 year olds, but the Crown Court deals with very serious cases.
• The Youth Court focuses on restorative justice and rehabilitation rather than retribution.
• Community sentences for children involve specific requirements.
• A Youth Rehabilitation Order includes requirements like curfew or supervision.
• Detention and Training Orders (DTO): can last from four months to 24 months in length.
• DTOs involve half the time in custody and half in the community on license.
• Breaching license conditions during the DTO can lead to re-imprisonment.
• Youth courts are specialist magistrates' courts for 10-17 year olds.
• A district judge or three magistrates preside over youth courts, which are less formal than adult courts.
• Youth courts handle cases such as theft, burglary, antisocial behaviour, and drugs offences.
• Serious crimes like murder or rape start in youth court but are transferred to Crown Court.
• Punishments for young offenders depend on the crime's type, seriousness, and circumstances.
• Other considerations are: age, upbringing, family circumstances, previous convictions and remorse.

Youth Court & Punishment Options

• Youth courts focus on restorative justice and rehabilitation.
• Youth courts handle cases like theft, burglary, antisocial behaviour, and drugs offences.
• Serious crimes like murder or rape start in youth court but are transferred to Crown Court.
• Available Sentences: Discharge (conditional and absolute).
• Youth Rehabilitation Order may include a combination of 17 community options,: Attendance Centres -A Curfew - Drug Testing and Drug Treatment, Requirement to attend school - Electronic Tagging, Exclusion from areas - Intensive fostering Requirement, Mental Health support – Supervision requirement , Unpaid work requirement.
• Custodial sentences can be: Secure Children’s Homes, Secure Training Centres, Young Offenders Institutes.
• There are also: Youth Cautions (these replaced reprimands).
• Community Resolutions include: Offender given advice, apology letter written, paying for damage, Restorative Justice.
• Community Sentences: Require young offenders to do or not do specific things, alongside a Youth Rehabilitation Order.
• Detention and Training Orders: Last up to 24 months, with the first half in custody and the second half on license.
• Parenting Orders: Require parents to reinforce their parental responsibilities on their child.
• Referral Orders: Require attendance at a Youth Offending Panel to agree on behaviour intervention between 3 and 12 months.
• Reparation Orders: Involve cleaning graffiti and undertaking community work.