Punishment & Rehabilitation

The punishment you can expect if you are convicted of a crime will depend on what crime you committed. The law in the UK allocates punishment that is linked to the severity of the crime. Therefore theft for instance carries a lesser punishment than murder.

The courts are guided as to the sentences and other punishments they can hand down to offenders. The law is regularly reviewed with sentences for some crimes increased as public pressure has indicated that the current punishment isn’t severe enough. The punishment should always fit the crime under UK law.

The vast majority of punishments are handed down by the magistrates’ court as these courts deal with most of the criminal cases in the UK. Magistrates’ do, however, have limited powers and can refer an offender to the Crown Court if they think that the offender should receive a higher fine or longer sentence than they can impose. Some crimes also have automatic prison sentences.

Offenders who are found guilty will usually get either an absolute discharge or a conditional discharge. An absolute discharge means that no further action will be taken against the offender. The offender still has a criminal record, but the court will take no action against them. A conditional discharge means that the offender will not get a punishment right away, but if they reoffend the court will hand down a punishment for the original crime and the new one they have committed. You can read more about sentences on the Sentencing Guidelines website: www.sentencing-guidelines.gov.uk.

Young Offenders

Anyone that is under the age of 21 could have a number of sentences imposed on them. In the UK there is an emphasis on rehabilitation of offenders where this is possible by sending them to institutions that can help them modify their behaviour.

Very young children between the ages of 12-16 can be sent to a secure children’s home. Local authorities run these institutions. Young Offenders Institutions (YOIs) are for offenders between the ages of 15 and 21. The prison service runs these institutions that have a focus on education. Secure Training Centres are for offenders up the age of 17. They offer vocational training and education.

If you are a repeat offender, and between the ages of 12 and 17 the court may decide that the best way to punish you and offer you rehabilitation is to use a Detention and Training Order (DTO). You will be sent to an institution for between 4 months and 2 years. Half of your sentence will be spent in the institution itself, with the second half spent in the community under the supervision of the Youth Offending Team.

If the offence that you have committed means it will be heard at the Crown Court and the offence if committed by an adult could receive a sentence of 14 years or more, you could be sentenced under Section 90/91. Section 90 is for murder, with section 91 available if the court wants to impose a longer sentence.

Community Sentences

Often the court may decide that a custodial sentence would not be in the best interest of the offender. Simply locking people behind bars is not seen as the best way to rehabilitate them. The courts have a wide-range of other powers and sentences they can use to avoid sending an offender to prison if they feel this would not be appropriate. These sentences include:

• Fines. This is the most common form of punishment for minor offences.
• Referral Orders. The magistrate may refer the offender to the Youth Offender Panel that will decide on an appropriate punishment.
• Community Punishment Order. These are usually handed to offenders between the ages of 16 and 17. They involve the offender doing unpaid work in the community.
• Supervision Orders. These can last up to 3 years. The Youth Offending Team will supervise the work that the offender will carry out under these orders.

Generally the courts will try and match the punishment to the offence that has been committed. Detailed guidelines are available to all judges that will tell them the maximum sentence they can impose. Most crimes however don’t end with a prison sentence, as community service that offers society what is called ‘restorative justice’ is more appropriate for most crimes as the offenders repair the damage that their crime has caused.