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. To help them, they may ask the Probation Service to produce a report about the offender.

There are four types of sentence available to the courts, depending upon the seriousness of the crime. They are:

  • discharges
  • fines
  • community sentences
  • imprisonment

Community sentences, which combine punishment and rehabilitation and making amends, can include ‘restorative justice’ – making amends directly to the victim(s) of the crime.

Imprisonment is used for the most serious offences and offenders. As well as sentencing guidelines, which judges and magistrates are given, all imprisonable offences have a maximum term laid down by Parliament. There are also minimum sentences for some serious repeat offenders.

Under the Code of Practice for Victims of Crime, the Crown Prosecution Service are required by law to answer any detailed questions you have about the sentence given.

The National Offender Management Service (Probation) are required by law to contact you if the offender in your case was sentenced to 12 months or more for a sexual or violent offence, including mentally disordered offenders in certain circumstances.

They will give you general information at key stages in the offender’s sentence, such as transfer to a different category of prison or applications for release. They will be unable to give you detailed information about offenders, for example which prison the offender is in, the exact date of release or exact location of release.

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