Sentencing
When deciding what sentence to impose, magistrates and judges have to take account of both the facts of the case and the circumstances of the offender.
A sentence needs to:
- Protect the public;
- Punish the offender fairly and appropriately;
- Encourage the offender to make amends for their crime;
- Contribute to crime reduction by stopping reoffending.
The courts can impose four levels of sentence, depending on the seriousness of the offence:
- Discharges
- Fines
- Community sentences
- Imprisonment
Fines are the most common option used by the courts. Community sentences can include 'restorative justice' - making amends directly to the victims of crime. The most severe punishment, imprisonment, is generally only used for the most serious offences.
If a crime is an imprisonable offence, it will have a maximum term laid down by Parliament. Judges and magistrates are also given sentencing guidelines - designed to provide consistency throughout the criminal justice process. There are also fixed minimum sentences for some serious repeat offenders.