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Sentencing explained

Magistrates and judges are responsible for deciding what sentence to impose on offenders who admit guilt or are found guilty of a crime. When deciding on an appropriate sentence  they must consider amongst other factors, punishing the offender, reducing crime, rehabilitating the offender, protecting the public, and the offender making good the harm caused to a victim or community.

The court has a range of sentencing options available and these depend on the type, the seriousness and the circumstances of the crime and the maximum penalty set by law. There are four main types of sentence available to the courts, depending upon the seriousness of the crime. They are:

  1. Discharge - this is when the court decides that the offence was very minor and the experience has been enough of a deterrent for the offender. There is an absolute discharge where no further action is taken but the offender will still receive a criminal record; and a conditional discharge where the offender is released but receives a criminal record and if they commit another crime within a set time, further action will be taken.
  2. Fines - the court can order the offender to pay a fine. Depending on the offence, the maximum fine allowed in a Magistrates' Court is £5,000. Fines are unlimited in the Crown Court.
  3. Community sentences - these combine punishment with activities carried out in the community designed to change offenders' behaviour and to make amends, sometimes directly to the victim of the crime or the local community. These requirements can include unpaid work, rehabilitation programmes, such as alcohol or drug treatment, a curfew or exclusion from certain areas.
  4. Prison - for the most serious offences the court may send the offender to prison.  The length of the prison sentence depends on the maximum penalty for that crime and in some cases the minimum set by law.

When deciding which sentence to give to the offender, the courts have sentencing guidelines to assist them. The Sentencing Council, which was created on 6th April 2010, has responsibility for producing sentencing guidelines for use in all criminal courts. Any guidelines that are issued by the Council must be followed, unless it is not in the interests of justice to do so.