Sentencing Within the Criminal Justice System Essay

Sentencing Within the Criminal Justice System - Essay Example Aggravating factors pointing to a larger sentence include relevant previous convictions, whether the offence was committed while on bail, whether excessive violence was used, whether the victim was engaged in public service or was old and vulnerable. Mitigating factors pointing to a shorter sentence include, young age at the time of the offence, the past character of the offender, the degree of provocation, and whether the defendant pleaded guilty. Clearly the sentence in any particular case will depend on the individual circumstances and it is therefore difficult to compare cases without being aware of the background of facts. In Northern Ireland and England, sentences are assisted by guideline cases which help to ensure consistency in decision making. 3Sentencing The criminal Justice Act 2003 made a number of changes to the sentencing framework for England and Wales. These stemmed from recommendations of the Halliday report, Making Punishments Work" in July 2001. Northern Ireland Ministers recognized that there were equivalent issues to be addressed in Northern Ireland. The sentencing framework in Northern Ireland differs somewhat from that in England and Wales, but not substantially. The notable difference is in relation to imprisonment and its aftermath; In England and Wales, with the exception of short term sentences, time spent in prison is linked to a period spent in the community under supervision and with conditions... These stemmed from recommendations of the Halliday report, Making Punishments Work† in July 2001. Northern Ireland Ministers recognized that there were equivalent issues to be addressed in Northern Ireland. The sentencing framework in Northern Ireland differs somewhat from that in England and Wales, but not substantially. The notable difference is in relation to imprisonment and its aftermath; In England and Wales, with the exception of short term sentences, time spent in prison is linked to a period spent in the community under supervision and with conditions attached. In addition, sentences of four or more years are subject to discretionary release on the decision of the Parole Board. However, the Criminal Justice Act 2003 in England and Wales changes that position. The Criminal Justice Act 2003 in section 2.1 addresses the issue of custodial sentences of 12 months or more, whereas an adult offender receives a custodial sentence of at least 12 months, but less than 4 years wi ll automatically be released at the half way point and will then be supervised under license until the three-quarter point of the sentence. The problem here is, the last quarter of the sentence has no effect on the offender unless he or she commits another offense. Additionally, there is good news for the authorities and perceived bad news for the public; When the offender leaves custodial confinement, the government will immediately begin to accrue savings on the 86,000 pounds which it cost to house him in the previous year.