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Sentencing Within the Criminal Justice System - Essay Example

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The essay "Sentencing Within the Criminal Justice System" is primarily purposed to discuss the principles of sentencing that are required to be proportionate, consistent, free from improper discrimination, compliant with human rights, and transparent.

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Sentencing Within the Criminal Justice System
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"Sentencing Within the Criminal Justice System"

Download file to see previous pages Aggravating factors pointing to a larger sentence include relevant previous

convictions, whether the offence was committed while on bail, whether excessive

violence was used, whether the victim was engaged in public service or was old and

vulnerable.

Mitigating factors pointing to a shorter sentence include, young age at the time of

the offence, the past character of the offender, the degree of provocation, and whether the

defendant pleaded guilty.

Clearly the sentence in any particular case will depend on the individual

circumstances and it is therefore difficult to compare cases without being aware of the

background of facts. In Northern Ireland and England, sentences are assisted by guideline

cases which help to ensure consistency in decision making.






















3



Sentencing


The criminal Justice Act 2003 made a number of changes to the sentencing

framework for England and Wales. These stemmed from recommendations of the

Halliday report, Making Punishments Work" in July 2001. Northern Ireland Ministers

recognized that there were equivalent issues to be addressed in Northern Ireland. The

sentencing framework in Northern Ireland differs somewhat from that in England and

Wales, but not substantially. The notable difference is in relation to imprisonment and its

aftermath; In England and Wales, with the exception of short term sentences, time spent

in prison is linked to a period spent in the community under supervision and with

conditions...
These stemmed from recommendations of the Halliday report, Making Punishments Work” in July 2001. Northern Ireland Ministers recognized that there were equivalent issues to be addressed in Northern Ireland. The sentencing framework in Northern Ireland differs somewhat from that in England and Wales, but not substantially. The notable difference is in relation to imprisonment and its aftermath; In England and Wales, with the exception of short term sentences, time spent in prison is linked to a period spent in the community under supervision and with conditions attached. In addition, sentences of four or more years are subject to discretionary release on the decision of the Parole Board. However, the Criminal Justice Act 2003 in England and Wales changes that position. The Criminal Justice Act 2003 in section 2.1 addresses the issue of custodial sentences of 12 months or more, whereas an adult offender receives a custodial sentence of at least 12 months, but less than 4 years will automatically be released at the half way point and will then be supervised under license until the three-quarter point of the sentence. The problem here is, the last quarter of the sentence has no effect on the offender unless he or she commits another offense. Additionally, there is good news for the authorities and perceived bad news for the public; When the offender leaves custodial confinement, the government will immediately begin to accrue savings on the 86,000 pounds which it cost to house him in the previous year. ...Download file to see next pagesRead More
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