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Essay / Post-Guilty Sentencing - 1987
A sentence is a decree of punishment assigned to a defendant who has been convicted by a court or fixed by law for a particular offense. If a defendant is found guilty, the type and amount of sentence will depend on a number of factors, which each judge or magistrate must take into account. Among these factors belong the six main objectives of sentencing (remuneration, denunciation, incapacitation or protection of the public, deterrence, rehabilitation and reparation), the age of the accused (since there are different types of sentences for young offenders), previous convictions. (if the accused has already committed a crime), the seriousness and nature of the crime committed (what did the accused do and how serious the crime was), the medical report would also be important when doctors indicate mental health or the possible dependencies of the accused. offender. The probation service can produce a pre-sentence report, which indicates the offender's suitability for the community order. Additionally, the court will consider aggravating factors that could increase the sentence, such as use of a weapon in the crime, hate crime, rape of a child, if the accused was out on bail when the crime was committed, etc. There are also mitigating factors which must be considered by the court and these could reduce the sentence by up to 1/3. These can take place when the accused pleads guilty, shows remorse or has a good reason why the crime was committed. It is also important for the court to know the maximum punishment that can be imposed on the offender for the crime committed. When the court has considered all factors, it can now determine the type and amount of punishment. In the English legal system, there are many different types of sentences... middle of paper ...... can give an absolute (unconditional) discharge, meaning the offender is technically guilty but morally blameless, of so the court may decide that the experience of going to court is punishment enough, but the offender still has a criminal record. A conditional discharge can be granted when the offender commits a very minor offense for the first time and the duration can be up to three years. But if the offender commits another crime, then he can be convicted for the first offense as well as the new offense. There are many types of sentences that also support different sentencing goals. Some sentences can achieve more than one goal, so there are different ways that sentences can support the different goals. But it will depend on the government and its policies. The Criminal Justice Act 2003 emphasized denunciation and rehabilitation as the best goals of sentencing..