Sentencing in A Level Law: Aims, Types of Sentence & Young Offenders

Once a defendant is convicted, the court must decide the sentence. Sentencing in England and Wales (Topic 2.3) is now part of Paper 2 in the 2026–2028 Cambridge A Level Law 9084 syllabus, covering adult offenders, young offenders and the aims of sentencing. It is a natural topic for Section B essays, where evaluation (AO3) matters.

The Aims of Sentencing

Section 57 of the Sentencing Act 2020 (the Sentencing Code) requires courts sentencing adult offenders to have regard to five purposes:

1. Punishment (retribution) – the offender deserves punishment proportionate to the seriousness of the crime.
2. Reduction of crime (deterrence) – individual deterrence (putting off this offender) and general deterrence (putting off others).
3. Reform and rehabilitation – changing the offender’s behaviour so they do not reoffend.
4. Protection of the public – incapacitating dangerous offenders.
5. Reparation – making amends to victims or the community.

For young offenders, the principal aim of the youth justice system is to prevent offending by children and young people (Crime and Disorder Act 1998, s37), and courts must have regard to the welfare of the child.

Types of Sentence for Adult Offenders

Custodial sentences

• Mandatory life sentence – for murder, with a minimum term set by the judge.
• Discretionary life and extended sentences – for dangerous offenders.
• Determinate sentences – a fixed term; most offenders serve part in prison and the rest on licence in the community.
• Suspended sentence orders – a prison sentence of up to two years suspended for a period, often with requirements attached.

Community sentences

A community order can include requirements such as unpaid work (40–300 hours), a curfew, a rehabilitation activity requirement, drug or alcohol treatment, an exclusion zone or electronic monitoring.

Fines

The most common sentence, adjusted to the offender’s means. Magistrates’ fines for most offences are now unlimited.

Discharges

• Absolute discharge – no penalty; the conviction is recorded but the offender is technically guilty with no further action.
• Conditional discharge – no penalty unless the offender reoffends within a set period (up to three years).

Sentencing Factors

• Seriousness – culpability and harm caused, using the Sentencing Council’s definitive guidelines.
• Aggravating factors – previous convictions, offending on bail, hostility based on race, religion, disability, sexual orientation or transgender identity, use of a weapon, vulnerable victims.
• Mitigating factors – genuine remorse, previous good character, youth or immaturity, mental health issues, a minor role in the offence.
• Guilty plea discount – up to one-third for a plea at the first opportunity.
• Pre-sentence reports – prepared by the Probation Service.

Sentences for Young Offenders (10–17)

• Custodial: Detention and Training Orders (4 months to 2 years), and long-term detention for grave crimes; detention at His Majesty’s pleasure for murder.
• Community: Referral Orders (for many first-time offenders who plead guilty – they attend a youth offender panel) and Youth Rehabilitation Orders with requirements like those in adult community orders.
• Parental responsibility: courts can make parenting orders, bind parents over, and require parents to pay fines and compensation.

Evaluating Sentencing

• Retribution is fair and proportionate but does not reduce crime by itself.
• Deterrence assumes offenders think rationally about consequences, which many do not.
• High reoffending rates after short prison sentences support rehabilitation and community sentences.
• Restorative approaches like referral orders can help victims, but depend on offender cooperation.

For a model of how to argue these points in a 25-mark essay, see our teacher’s model answer on evaluation questions.

Free Paper 2 Past Papers – Download Now

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Frequently Asked Questions

What are the five aims of sentencing for adults?

Punishment, reduction of crime (including deterrence), reform and rehabilitation, protection of the public, and reparation – set out in s57 Sentencing Act 2020.

What is the main aim of youth sentencing?

To prevent offending by children and young people, while having regard to the welfare of the child.

How much is the guilty plea discount?

Up to one-third of the sentence if the defendant pleads guilty at the first reasonable opportunity, reducing for later pleas.

Final Thought

Sentencing is a very evaluative topic. Learn the aims and sentence types accurately, then practise linking each type of sentence to the aim it best achieves.