Dealing With Criminals (AQA GCSE Citizenship Studies): Revision Note

The purpose of sentencing

• The Criminal Justice Act 2003 set out five purposes of sentencing

Forms of punishment in the UK

• Punishments in the justice system fall into one of two categories

Non - custodial sentences

• A non-custodial sentence is a punishment that does not involve a term of imprisonment

Discharge

• A discharge is used for very minor offences where the court decides that the experience of being taken to court is punishment enough

  • The offender is found guilty, but receives no immediate punishment

• Discharges make up a small proportion of sentences in England and Wales

  • They are usually reserved for first-time or very minor offences

• There are two types: absolute and conditional discharges

  • A conditional discharge means no further punishment is given unless another offence is committed within a set time period

Ancillary orders

• Ancillary orders are additional restrictions attached to a main sentence to protect victims or the public

  • They are often used alongside fines, community sentences or custody

• Ancillary orders are very common, especially compensation orders and driving bans

  • They are regularly used to reduce reoffending and protect the public

• Examples include:

  • Compensation orders, requiring offenders to pay for damage or injury caused

  • Restraining orders, preventing contact with a person or entering certain places

  • Football banning orders, stopping individuals from attending matches

  • Drink-driving bans, including disqualification from driving

  • Activity bans, such as being banned from gambling venues

  • Loss of licences, including firearms licences

  • Penalty points or driving bans imposed by the court

Fines

• A fine is a financial penalty paid to the court.

  • It is mainly used for less serious offences, such as minor theft, public order offences or traffic violations

• They are the most common sentence in England and Wales, accounting for around two-thirds of all criminal sentences

• The amount depends on:

  • The seriousness of the offence

  • The offender’s ability to pay

• If a fine is not paid, the offender can be returned to court and may face further penalties

Community service (community sentences)

• Community service requires offenders to carry out unpaid work in the community

  • This can include removing graffiti, cleaning public spaces or environmental work

• They make up a significant minority of sentences, especially for repeat offenders where prison is not seen as necessary

• It is often combined with supervision, training, or rehabilitation programmes

  • The aim is to punish the offender while helping them change behaviour

Custodial sentences

• A custodial sentence is a punishment where someone is sent to prison or another secure institution and has their freedom taken away for a period of time

Determinate sentences

• A determinate sentence is a prison sentence for a fixed length of time.

  • The offender knows the maximum length of the sentence at the point of sentencing

• They are the most common type of custodial sentence in England and Wales.

• Release on licence depends on the length and type of sentence.

  • Offenders sentenced to two years or less are usually released at the halfway point and serve the rest on licence in the community.

  • Those sentenced to between two and four years may apply for release after serving around 40% of their sentence.

  • Those sentenced to four years or more may be released after serving 40–50%, depending on the offence.

  • Serious violent or sexual offenders are usually released at the two-thirds point.

• If licence conditions are broken, the offender can be recalled to prison.

Life sentences

• A life sentence must be given for the crime of murder.

  • It can also be given for other very serious offences, such as terrorism

• They are rare and make up a small proportion of all sentences, reserved for the most serious crimes

• The judge sets a minimum term (also known as a tariff).

  • This is the minimum time the offender must serve before they can apply to the Parole Board.

• Release is not guaranteed, and even if released, the offender remains on licence for life.

Extended sentences

• An extended sentence is given when an offender is considered dangerous.

  • It combines a custodial sentence with a longer period of supervision in the community

• They are uncommon but are increasingly used for serious violent and sexual offences

  • In 2024, around 1,600 offenders received extended sentences.

• Offenders can apply for parole after serving two-thirds of the custodial part.

  • If released, they remain on an extended licence, meaning strict conditions apply for longer

Suspended sentences

• A suspended sentence means a prison sentence of up to two years is imposed but not immediately served

  • The offender avoids prison if they comply with court conditions

• They are widely used as an alternative to short prison sentences, especially where rehabilitation is seen as more effective

• Conditions may include

  • Unpaid work

  • Drug or alcohol treatment programmes

  • Rehabilitation or supervision

• If the offender breaks the conditions, they can be sent to prison to serve the sentence

The effectiveness of sentencing

• While sentencing punishes offenders and protects the public, reoffending data shows it is not fully effective at preventing future crime, especially for young and male offenders

Reoffending as a measure of effectiveness

• One key way to judge how effective sentencing is involves looking at reoffending rates

• Reoffending shows whether punishments prevent future crime or whether offenders return to criminal behaviour after their sentence

Overall reoffending rate

• In 2023, the overall proven reoffending rate in England and Wales was 28.3%

• This means that over one in four offenders committed another crime within a year of being sentenced or released

• This suggests that sentencing is only partly effective at reducing crime

Reoffending by age

• Young offenders are more likely to reoffend than adults

• The highest reoffending rate was among 15–17-year-olds, at 32.7%

• This indicates that traditional punishments may be less effective for younger offenders, highlighting the need for rehabilitation and support

Reoffending by gender

• Males are more likely to reoffend than females

• The male reoffending rate was 29.2%, compared with 23.9% for females

• This suggests sentencing may need to better address male offending behaviour, particularly among young men

Changes over time

• Reoffending rates have remained fairly stable in recent years, rather than falling significantly

• This suggests that sentencing alone is not enough to reduce crime without education, treatment, and rehabilitation