Sentencing in England and Wales

In deciding the sentence, the court will take into account a number of factors: the type of offence and how serious it is, the timing of any plea of guilty, the defendant's character and antecedents, including their criminal record and the defendant's personal circumstances such as their financial circumstances in the case of a fine being imposed.

Requirements can include: doing unpaid work, getting treatment for an addiction (for example drugs), or preventing a defendant from going to a specific place or area.

[9] The court is required to make two principal decisions: the type of sentence and its length (or, in the case of a fine, the amount).

Courts can take into account any fact considered relevant as aggravating or mitigating,[10] and many are set out in sentencing guidelines.

In motoring cases, previous endorsements on the driving record can have consequences, such as a period of disqualification under the "totting-up" rules.

Their financial circumstances will be highly relevant when a fine, costs or compensation is considered because the court has a duty under section 124 of the Sentencing Act to take these into account when fixing the overall amount.

Pre-sentence reports provide the court with additional information about the defendant and their circumstances, the risk of re-offending and any personal issues likely to affect the sentencing, e.g. a drug addiction.

[45] A sentence of life imprisonment is available to the court for offenders over the age of 18 who are convicted of a second serious sexual or violent offence.

[48] Under these proposals, judges would need to find "exceptional circumstances" in such cases to not impose a whole life order.

[52] Home detention curfew orders were introduced to aid prisoners structure their lives and help to reduce recidivism rates.

See R v Lang and others [2005] (The Times, 10 November) where the Court of Appeal indicated that previous case law would still be considered relevant guidance in assessing this issue.

[60] Likewise, there is a minimum mandatory sentence of three years for anyone convicted of burglary of a dwelling for the third time - section 111 of the same Act.

[61] For each sentence, court has discretion not to impose the minimum term if it considers it would be unjust having regard to the particular circumstances of the offence(s) or the offender.

[66] A community order can contain a number of different requirements which can be tailored to fit the offender's needs as well as punishing him/her for the offence.

In 2006, a defendant who was found guilty of criminal damage was banned from carrying paint, marker pens or dye ink.

Monitoring can be done via spot-check, with private security firm sending employees to check on an offender at home or but more commonly by electronic tagging.

This only applied for offenders aged under 25, and has been abolished by the Police, Crime, Sentencing and Courts Act 2022 for offences after 28 June 2022.

[80] They are usually reserved for the most minor offences but can, exceptionally, be ordered in serious cases (e.g. the signalman in the 1892 Thirsk rail crash).

In both cases, the court may still make ancillary orders such as compensation,[81] costs, disqualification (from driving, being a company director, operating licensed premises etc.)

However, those in the 18 to 21 (inclusive) age group are generally subject to the provisions of the adult court, although in the case of custody, they are sentenced detention in a young offenders' institute rather than imprisonment.

A sentence of detention in a young offenders' institution (or YOI) is available to the court in respect of those between the ages of 15 and 21 years (inclusive) who have committed imprisonable offences.

The relevant provisions are contained in the Criminal Justice Act 1982, which introduced the sentence to replace borstal training.

[87] In cases involving very serious offences, the courts have additional power to order that the offender be detained for longer periods.

The judge in the case can recommend a minimum number of years that should be served before release is considered, and the Lord Chief Justice will then set the tariff.

If parents or guardians of a young offender agree, they can be bound over to keep their child under control for a set period of time up to one year.

Where a young offender under 16 who is fined then the court is required to take the parents financial situation into account in deciding the order.

There is the presumption that penetrating order will be issued to the parents of those under 16 who are committed of an offence unless it is felt as not desirable if so the court must state why.

The Crime and Disorder Act 1998[53] made mandatory requirements that each local authority in England and Wales set up one or more Youth Offending Teams (YOTs) in their receptive area.

The courts have a wide array of power available to them, in addition to the ordinary sentences which can be passed, there are special provisions aimed at treating mentally ill offenders in a suitable manner.

If the offender has been issued with an indefinite sentence they can only be released with permission of the Home Secretary or following a hearing of the Mental Health Review Tribunal.