Читать книгу Criminal Law - Mark Thomas - Страница 47

Sentencing is best described as the manner in which the court deals with an offender who has been convicted of an offence. As a starting point, the ‘purposes’ of sentencing can be identified by reference to s 142(1) of the CJA 2003, which provides:

Any court dealing with an offender in respect of his offence must have regard to the following purposes of sentencing—

(a) the punishment of offenders,

(b) the reduction of crime (including its reduction by deterrence),

(c) the reform and rehabilitation of offenders,

(d) the protection of the public, and

(e) the making of reparation by offenders to persons affected by their offences.

It is worth noting at this stage that s 142(1) is applicable only to adult offenders. The law treats youth offenders in a different respect. By s 142A(3), the courts must take into account all of the purposes listed above with the exception of (b) ‘the reduction of crime’, and in addition must have regard to the ‘principal aim’ of the youth justice system, namely ‘to prevent offending and re-offending’ (Crime and Disorder Act 1998, s 37(1)). Furthermore, the welfare of the offender must be taken into account (Children and Young Persons Act 1933, s 44).