Types of Sentences in Criminal Courts

This article discusses the various types of sentences in criminal courts, such as fines, discharges, community sentences, and prison sentences. It explains how these sentences protect the public and deter crime.

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2nd May, 2019

When a person is charged with a criminal case by the police, the magistrate court or a higher
court determines the type of sentences to be relished1. The Court holds a hearing where the
magistrate or judge determines if the defendant is guilty of the crime and the precise and
applicable charge. In administering the sentence to the offence, the judge might consider the
amount of punishment that will heed a substantial positive impact, the protection of the public, a
desire to change the offender`s behavior or the need to teach a lesson to others that will ensure a
reduction or cutting of the offence in the future2.This paper will discuss a number of sentences
meted out in criminal courts with the utmost interest of protecting the public at heart.
Fine and Compensation
Fines and compensations are the most common sentences in criminal courts cases and are given
for less serious crimes that do not qualify for any prison sentences. Usually, the person convicted
and found guilty is required to pay a sum of money to the court as compensation for the crime or
to the injured victim.3 So it is usually seen as a substitution for a prison sentence or community
service, but the fact that fines are given for lesser crimes does not mean underestimate their
impact. In meting out a fine, the judge must consider if the criminal offence has a minimum fine
or a level of fine. If not then they will be required by the law to inquire certain facts from the
offender that will gauge their capacity and determine a minimum fine, this imposes discretion on
the judge to choose the amount to be paid. 4
1 Courts and Tribunals Judiciary, 'Sentencing' (Judiciary.uk, 2019) <https://www.judiciary.uk/you-and-the-
judiciary/sentencing/> accessed 2 May 2019.
2 William Wringe, An Expressive Theory Of Punishment (Palgrave Macmillan 2016).
3 `Types Of Criminal Sentences |Lawtons Solicitors UK` (Lawtons Solicitors (UK),
2019)https://www.lawtons.co.uk/resource/sentencing/accessed 2 May 2019.
4Ibid

These questions can include their occupation or the extent of their family support system.5 In
many instances, the offender can plead for an extension in the event they are unable to meet their
deadline. On the other hand, if it is merely a case of refusal to pay, then this considered as
another offence and the defendant may be placed in contempt of court, which may warrant an
increase of the fine or even jail time. Fines have so far been efficient in ensuring the public is
protected as they discourage the occurrence of the crime by deterring a similar incident of the
crime. According to Rac6, the most common offences that attract fines are traffic offences such
as speeding.
Discharge
This occurs when the offender is found guilty of the crime, but the decision rendered by the
court does not involve a criminal conviction. Discharges, just like fines are available for less
"serious crimes" and are divided into two types; absolute charges and conditional charges. Total
charges are the lowest level of adult charges and do not bear any stringed conditions.This means
that the offender is not required to check with the probation officer or return to court, but stays
on their record for a year.7
However, a conditional charge imposes conditions on the offender like the name states meaning
it is more severe than the absolute discharge.8This may last on their record for a period of three
years. The conditions comprise of; a probation period, which instantly means the defendant, is
required to stay clear of any more offences for a period of time. Alcohol rehabilitation is another
5 Elena Kantorowicz-Reznichenko, 'Day-Fines: Reviving the Idea and Reversing the Punitive Trend' (2018) 55
American Criminal Law Review <https://www.law.georgetown.edu/american-criminal-law-review/wp-content/
uploads/sites/15/2018/04/55-2-Day-Fines-Reviving-the-Idea-and-Reversing-the-Costly-Punitive-Trend.pdf>.
6 'Driving Offences and Their Punishments | RAC Drive' (Rac.co.uk, 2019)
<https://www.rac.co.uk/drive/advice/legal/driving-offences/> accessed 2 May 2019.
7 `Types Of Sentences| Lawfacts` (Lawfacts.ca,2019)<http://lawfacts.ca/criminal/sentences >accessed 2 May 2019.
8 Ibid

condition that a court can issue out, this will require the offender to present a certificate of
evidence at the end of their rehabilitation to certify the sentence was adequately conducted.
Lastly, the courts can also order community service as a condition. Though applicable for less
serious crimes, discharges carry a reformative nature that ensures the public is protected. For
instance, probations ensure the defendant does not commit any offences for a specified time, in
the case of non-compliance the offender is liable for jail time.
Community Sentence
This is imposed for offences that are too serious for a fine or discharge but are yet to merit a
prison sentence. The court places a number of requirements that the offender is required to meet.
Community sentences act as a deterrent to crimes and reduce them by a large margin.
Psychologists have identified a great correlation between community service punishments and
behavioural change, which can only mean a safer environment for the public.9 The community
service orders can include; a 40 to 300-hour undertaking of unpaid work, regular supervisions by
the probation officer, alcohol rehabilitation, compliance with mental health treatment and
completion of domestic abuse or sexual offending program aimed at behavioural change and
rehabilitation.10 Community services are considered highly effective since they invoke a
conditional sentence while harbouring consequences in case on non-adherence.
A Prison Sentence
9 `Sentencing `|Prosecution Service, (British Columbia,2019)https://www.gov.bc.ca/prosecutionservice
10 Esther F.J.C. van Ginneken, 'The Pain and Purpose of Punishment: A Subjective Perspective' (2016)
<https://howardleague.org/wp-content/uploads/2016/04/> accessed 2 May 2019.

In a criminal court, prison sentences are handed down for serious crimes such as murder, robbery
with violence and rape. They are believed to have the highest impact on public protection. Prison
sentences are classified into:
a) Suspended Sentence
b) Determinate Sentence
c) Indeterminate Sentence
A suspended sentence is imposed on adult offenders serving a prison sentence less than 12
months, it requires them to meet a number of requirements that prevent them from doing jail
time, such as community service and a criminal clean sheet. A breach of these terms attracts an
actual jail time or an increment of the suspension period.11
A determinant sentence is based on a fixed prison sentence by the court. The offender is required
to serve half the sentences in prison, while the other in community service which demands a
license supervised by the probation officer. The indeterminate sentence on the other handsets a
minimum time to be served by the offender. This is reserved for serious offences such as theft or
sexual offences and might consist of minimum years of five, ten and fifteen. 12The other prison
sentence accruing to a criminal court is a life sentence, which requires the offender to serve a life
prison sentence unless released through parole orders or a presidential pardon. A life sentence is
imposed on the most serious offences like murder.
11 Alison Lawrence/ National Conference of State Legislatures (NCSL), 'Making Sense Of Sentencing: State
Systems And Policies' (National Conference of State Legislatures 2015)
<https://www.ncsl.org/documents/cj/sentencing.pdf> accessed 2 May 2019.
12 Ibid (n11)

Bibliography
Courts and Tribunals Judiciary, 'Sentencing' (Judiciary.uk, 2019) <https://www.judiciary.uk/you-
and-the-judiciary/sentencing/> accessed 2 May 2019
'Driving Offences And Their Punishments | RAC Drive' (Rac.co.uk, 2019)
<https://www.rac.co.uk/drive/advice/legal/driving-offences/> accessed 2 May 2019
Kantorowicz-Reznichenko E, 'Day-Fines: Reviving the Idea and Reversing the Punitive Trend'
(2018) 55 American Criminal Law Review <https://www.law.georgetown.edu/american-
criminal-law-review/wp-content/uploads/sites/15/2018/04/55-2-Day-Fines-Reviving-the-Idea-
and-Reversing-the-Costly-Punitive-Trend.pdf> 333-372
Sentencing `|Prosecution Service, (British Columbia, 2019)<
https://www.gov.bc.ca/prosecutionservice>.
Types Of Criminal Sentences |Lawtons Solicitors UK` (Lawtons Solicitors (UK),
2019)https://www.lawtons.co.uk/resource/sentencing/ accessed 2 May 2019
Types Of Sentences| Lawfacts`(Lawfacts.ca,2019)>http://lawfacts.ca/criminal/sentences >
accessed 2 May 2019.
van Ginneken E, 'The Pain And Purpose Of Punishment: A Subjective Perspective' (2016)
<https://howardleague.org/wp-content/uploads/2016/04/> accessed 2 May 2019
Wringe W, An Expressive Theory Of Punishment (Palgrave Macmillan 2016).
Lawrence. A /National Conference of State Legislatures (NCSL), 'Making Sense Of Sentencing:
State Systems And Policies' (National Conference of State Legislatures 2015)
<https://www.ncsl.org/documents/cj/sentencing.pdf> accessed 2 May 2019