APPENDIX I
BACKGROUND
History and purpose of sentencing
4. Within the statutory limits set by Parliament,
the courts have discretion to impose the sentence they believe
appropriate for the offence in question. The purposes of sentencing
are to punish the offender, to protect the public, to deter further
offending, to rehabilitate the offender, to allow him to make
reparation for his crime and to reflect proper public concern
about it.
5. In most cases, Parliament sets the maximum
penalty which may be imposed for each offence. This is intended
to reflect the penalty which would be appropriate for the worst
instance of the offence in question. For some offences Parliament
has established a mandatory penalty—most notably the mandatory
life sentence for murder—while for others, penalties are
mandatory except where particular conditions apply—for example,
the minimum period of 12 months disqualification from driving
for those convicted of driving with excess alcohol.
6. In determining the appropriate sentence
for the individual offence, the courts must have regard to the
sentencing framework set out in the Criminal Justice Act 1991.
Under the provisions of the Act, the court may only impose a custodial
sentence where it is of the view that the offence, or the combination
of the offence and one or more offences associated with it, are
"so serious" that only a custodial sentence can be justified.
7. The Act also sets out a test for imposing
a community penalty. In order to do so, the courts must be satisfied
that the offence is "serious enough" to warrant such
a disposal. The community penalties available are:
combination order (community
service and probation);
curfew order enforced by
electronic monitoring; and
8. If the offence in question does not reach
either the threshold for the imposition of a custodial penalty,
or that for a community penalty, the courts may impose a financial
penalty or a discharge. When sentencing an offender the court
will also decide whether it is appropriate to impose a compensation
order.
9. The Crown Court may impose up to the
maximum penalty for an offence. Subject to limited exceptions
magistrates' courts may not, however, impose more than 6 months
imprisonment or a £5,000 fine. The enforcement of financial
penalties is a key performance indicator for magistrates' courts
but the courts are not directly accountable for the costs of any
other penalties which they impose.
10. Within these parameters set by Parliament,
the courts are guided by sentencing case law, usually in the form
of judgements of the Court of Appeal. The Magistrates' Association
issues its own sentencing guidelineswhich cover the offences with
which magistrates deal regularly and frequently in the adult criminal
court. They are not mandatory, but rather provide a method for
considering individual cases and a guideline from which discussion
should flow.
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