2.3 Sentencing in England and Wales

2026 Syllabus Objectives

By the end of this topic, you should be able to:

  • Identify and explain the main types of sentences available for adult offenders
  • Identify and explain the main types of sentences available for young offenders
  • Explain the factors that affect sentencing decisions (aggravating and mitigating factors)
  • Describe and explain the aims of sentencing for both adults and young offenders
  • Evaluate how effective different sentences are at achieving their aims

Section 1: Sentences for Adult Offenders

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When someone is found guilty of a crime, the court must decide on a sentence — this is the punishment given to the offender. In the Magistrates' Court, the magistrates decide the sentence. In the Crown Court, the judge decides.

There are four main types of sentence for adults:

  1. Custodial sentences
  2. Community orders
  3. Fines
  4. Discharges

1.1 Custodial Sentences

A custodial sentence means the offender is sent to prison. It is the most serious punishment a court can give.

Under the Criminal Justice Act 2003 (s.152), a court can only give a custodial sentence if the offence is so serious that neither a fine nor a community order is good enough. In other words, prison is a last resort — it should only be used when nothing else is appropriate.

There are four types of custodial sentence:

a) Mandatory Life Sentence

  • This is the only sentence a judge can give for murder.
  • "Mandatory" means the judge has no choice — they must give it.
  • The judge sets a minimum term — this is the shortest amount of time the offender must stay in prison before they can be considered for release.
  • Whole-life orders are given to the most dangerous murderers. These offenders are never released from prison.
  • After serving the minimum term, the offender may be released on licence. This means they are supervised in the community and must follow strict rules. If they break those rules, they go back to prison.

Factors that can increase the minimum term (aggravating factors):

  • The victim was particularly vulnerable (e.g., a child or disabled person)
  • The offender caused the victim mental or physical suffering before death
  • The offender showed no remorse (no feeling of guilt)

Factors that can reduce the minimum term (mitigating factors):

  • The offender intended to cause serious harm but not death
  • There was no planning — the act was spontaneous
  • The offender acted in partial self-defence

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