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9084 · 2.3.3

Aims of sentencing - what sentences are trying to achieve

This lesson details the five aims of sentencing under s142 of the Criminal Justice Act 2003: punishment, deterrence, rehabilitation, incapacitation, and reparation. It explores the role of the Sentencing Council, the tensions between these aims, and how sentences are calculated in practice.

Need to know

What you need to know

  • Sentencing is governed by statutory principles, primarily in the Criminal Justice Act 2003.
  • The five main aims are retribution, deterrence, rehabilitation, incapacitation, and reparation.
  • The aims can conflict, requiring judges to prioritise based on the case's facts.
  • The final sentence often reflects a combination of aims.

Explanation

Aims of sentencing - what sentences are trying to achieve

  1. Sentencing is governed by statutory principles, primarily in the Criminal Justice Act 2003.
  2. The five main aims are retribution, deterrence, rehabilitation, incapacitation, and reparation.
  3. The aims can conflict, requiring judges to prioritise based on the case's facts.
  4. The final sentence often reflects a combination of aims.
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