Hello, I'm Mrs. Barry, and I'll be your citizenship teacher today.

We are looking at a lesson on the criminal justice system together, and there might be some new learning, but that's okay because I'm here to help you, and we can recap anything that you might already know.

So when you're ready, let's make a start.

Today's lesson comes from the unit What are the strengths and weaknesses of the legal system? And this lesson is called What is sentencing? Our outcome today is to be able to explain different purposes and types of sentencing and evaluate their effectiveness.

So here we go.

Before we have a look at this lesson, there's some ground rules that we need to bear in mind.

Laura reminds us to listen to others.

It's okay to disagree with each other, but we should listen properly before making assumptions or deciding on how to respond.

When disagreeing, challenge the statement, not the person.

Andeep reminds us to respect privacy.

We can discuss examples, but do not use names or descriptions that identify anyone, including ourselves.

Izzy reminds us to choose level of participation.

Everyone has the right to choose not to answer a question or join discussion.

We never put anyone on the spot.

And Jacob reminds us not to judge.

So no judgement.

We can explore beliefs and misunderstandings about a topic without fear of being judged.

So we have some keywords that we need to bear in mind when we look at today's lesson to make sure we can follow it.

Firstly, sentencing: the punishment that a judge or magistrate decides someone should be given after they have been convicted of a crime.

Crime: an illegal act that is punishable by law.

Offender: someone who has committed a crime.

And today's lesson takes three parts.

So we are looking at what are the purposes of sentencing, what are the different types of sentences, and how are sentences decided? So to start off with, we are looking at what are the purposes of sentencing? So the Sentencing Council for England and Wales was created in April 2010 to ensure fairer and more consistent sentences whilst maintaining the independence of the judiciary.

And Jacob reminds us that the judiciary is the branch of government that enforces the law.

It is made up of judges, magistrates, and other legal officials.

Both the Sentencing Council and the Criminal Justice Act 2003 describe five purposes of sentencing.

What do you think they are? So these are the five purposes of sentencing.

To punish the offender, to reduce crime, to reform and rehabilitate, to protect the public, and to support reparation.

The Criminal Justice Act 2003 describes five purposes of sentencing that we've just looked at.

Which of the following is not one of them? Is it A, reduce crime; B, reform and rehabilitate; C, seek retribution; or D, protect the public? So this wasn't one of the purposes of punishment, seeking retribution.

Sentencing is not about getting retribution or revenge.

So we are looking at punishing the offender and reducing crime, and punishment such as prison, unpaid community work, curfews, or fines all aim to deter offenders from committing more crimes and discourage others from doing the same.

For example, someone caught vandalising might be punished by given community service like cleaning graffiti, and this will deter both them and others from committing similar crimes.

And if we look at reform and rehabilitate, this purpose of sentencing focuses on helping offenders change their behaviour to prevent future criminal activity.

For example, mandating drug treatment programmes as part of a sentence for drug-related crimes.

Protecting the public is another aim.

And so one purpose of sentencing is to protect the general public from the offender and from any risk they might commit further crime.

There are different ways this can be achieved.

For example, offenders may be sent to prison or have their activities restricted.

Alternatively, they might be placed on probation or supervision.

Reparation, and this is about offenders giving something back.

For example, they might do community service and pay compensation to the victim or participate in restorative justice where victims explain the impact of the crime.

So let's see if we can match the purpose of sentence to its description.

So the purpose of sentence that we're given here is A, protect; B, reparation; and C, rehabilitation.

And the descriptions here are, one, the offender makes up for what they have done; two, helps offenders change their behaviour; and three, keep the public safe from the offender.

Have a quick go at this, and then we can have a look at how they match up.

Okay, so A, protect, is to keep the public safe from the offender.

B, reparation, is the offender makes up for what they have done.

And that leaves C, rehabilitation, which helps offenders change their behaviour.

So we're going to read the Oak National Academy pupils' descriptions of sentencing purposes and correct any errors, using examples to support your descriptions.

So Andeep here says that reparation is about punishing offenders by making them serve long prison sentences.

And Sam says, "Rehabilitation focuses on isolating offenders to stop them from committing any more crimes and make them think about their actions." So can you spot the errors and use examples to support the descriptions? Okay, so let's have a look at what you might have written.

And remember, the task was to correct any errors in the Oak National Academy pupils' descriptions.

So you could have rewritten Andeep's example to say: reparation aims to make offenders give something back to those they've harmed.

For example, a thief might be ordered to pay compensation to their victim or do community service to repair the damage caused.

You could have rewritten Sam's example to say: rehabilitation focuses on helping offenders change their behaviour so they're less likely to commit crimes in the future.

For example, someone convicted of drug-related offences might attend rehabilitation programmes to address their addiction and prevent re-offending.

Well done for giving that a go.

So another question for you to practise what we've learned so far.

Lucas has given his thoughts on the most important purposes of sentencing.

Explain your view on which purpose of sentencing you think is most important, responding to Lucas' statement.

So here Lucas says, "I think that rehabilitation is the purpose of sentencing we should focus on.

This is because I think people deserve a second chance." So you need to now explain your view on the purpose of sentencing by responding to Lucas' view here in this statement.

Okay, so well done for giving that a go.

And just to remind you, Lucas gave their thoughts on the best purpose of sentencing, and you were to explain your view on which purpose of sentencing you thought was best, responding to Lucas' statement.

And Lucas had said, "I think that rehabilitation is the most important purpose of sentencing.

This is because I think people deserve a second chance." So you might have said this: I disagree with Lucas as I believe that if you commit a crime, you should get a punishment that is equal to or harsher than what you did.

Therefore, I think retribution is the best purpose of sentencing.

If we actually make punishments harsh, then deterrence might also be the best purpose of sentencing.

Now remember, that's just one possible answer that you could have given.

You might have agreed with Lucas and you might have expanded on that.

So you could have said that rehabilitation helps people to become better citizens in society, and that by doing that, you're providing support for people.

So well done for giving that a go.

We are now going to look at what are the different types of sentences.

The Sentencing Council sets rules to ensure fair, consistent sentencing and improve public understanding of sentencing.

Sentences should be appropriate and match the crime.

Judges and magistrates use sentencing guidelines to ensure this.

There are a number of different types of sentences, and these include discharge, fine, community sentence, and custodial sentence.

We're going to have a look at each of these in detail.

So to start with, a custodial sentence, or prison, this is used when a crime is so serious or an offender's record is so bad that no other sentence will do.

Offenders will normally spend half their sentence in prison and the rest on licence in the community.

And that will be monitored by people like probation officers, and perhaps there'll be restrictions put in place.

And this is sometimes referred to as incarceration.

So let's have a check of how we're doing.

Can you fill in the blanks? The what sets of rules to ensure fair, consistent sentencing and improve what understanding of sentencing.

Judges and magistrates use what to ensure sentences match the crime.

Have a look at this and think what you'll put in those blanks.

Okay, so the Sentencing Council sets rules to ensure fair, consistent sentencing and improve public understanding of sentencing.

Judges and magistrates use sentencing guidelines to ensure sentences match the crime.

Well done if you managed to fill in those blanks.

So we'll have a look at fines now.

And these are the most common type of sentence and are used for less severe offences.

The amount of a fine is set by the court after considering the seriousness of offence and the offender's ability to pay.

Community sentences.

These combine rehabilitation with activities carried out in the community.

For example, removal of graffiti or clearing up litter, getting treatment for drug addiction, or keeping to a curfew.

Offenders can be made to do between 40 and 300 hours of demanding work.

Discharge.

This is used for the least serious offences where the experience of being prosecuted and taken to court is thought to be punishment enough.

A discharge might include conditions to stay out of trouble.

Re-offending can lead to sentences for both crimes.

There are four main types of sentence.

So can you remember which is missing from the list below? Here we have a fine, community sentence, custodial sentence, or prison.

So which one is missing? Have a think.

So the missing sentence type is discharge.

Discharges are used for the least serious offences, where going to court is seen as punishment enough.

So let's practise what we've learned.

Read the descriptions and identify the type of sentence being described.

A, this is used for very serious crimes.

The offender spends time in prison, and part of the sentence is then often served in the community.

B, this sentence is the most common sentence.

It is used for less serious crimes.

The offender has to pay a set amount of money.

C, this sentence involves carrying out tasks in the community and can last from 40 to 300 hours.

D, this is used for least serious crimes where the experience of going to court is enough punishment.

So which of these can you remember in terms of the type of sentence that they're describing? So you should have identified the following sentences with these descriptions.

So A, this is used for very serious crimes.

The offender spends time in prison, and part of this sentence is then often served in the community.

And that's a custodial sentence.

B, this sentence is the most common sentence.

It is used for less serious crimes and the offender has to pay a set of amount of money, and that's a fine.

C, this sentence involves carrying out tasks in the community and can last from 40 to 300 hours.

That's a community sentence.

And D, this is used for the least serious crimes where the experience of going to court is enough punishment, and that's a discharge.

So I have a second task for you to do to practise what we've learned so far.

And I'd like you to apply what you've learned about different types of sentences to decide the most likely sentence for someone who has been found guilty of stealing a loaf of bread from their local supermarket.

It is a first time offence.

The offender has previously had no dealings with the police.

So what sentence do you think they might get? So I asked you to apply what you'd learned about the different types of sentencing to decide the most likely sentence for someone who has been found guilty of stealing a loaf of bread from their local supermarket.

This is their first offence, and the offender has previously had no dealings with the police.

So you might have said: I think the most likely sentence for someone caught stealing a loaf of bread for the first time with no previous offences would be a discharge.

This is because it is a minor offence, and the experience of being prosecuted and going to court is considered punishment enough.

If the court decides the offence is slightly more serious, they could be given a fine, with the amount depending on the offender's ability to pay.

So well done if you thought of that, and particularly well done if you thought about what might be given if a discharge wasn't enough.

So let's now look at how sentences are decided.

When someone is found guilty of a crime, it is the responsibility of the judge or magistrate to decide on what sentence they should be given.

They must follow sentencing guidelines.

It is the role of the Sentencing Council for England and Wales to create and review the sentencing guidelines.

They make sure the guidelines are up to date and fair for everyone.

There are a range of factors that are considered when sentences are made.

For example, seriousness of the crime, previous offences, personal circumstances, and any aggravating or mitigating circumstances.

We're going to have a look at each of these.

A mitigating factor is something about the crime or the offender that might make the sentence less severe.

Mitigating factors may include some of the following: a great deal of provocation, mental illness or disability, age, if it affects the responsibility of the offender, showing genuine remorse, and admissions to the police in interview.

So let's just have a quick check of what we've got so far.

Is this true or false? An aggravating factor is likely to result in a harsher sentence.

So that one's true.

An aggravator is likely to encourage a harsher sentence as it makes the crime worse.

Whilst it is judges and magistrates that hand out sentences based on sentencing guidelines, Parliament also plays an important role.

Parliament creates laws that set maximum and sometimes the minimum sentences for crimes.

Parliament also sets rules for different types of sentences, including when they apply to adults or under 18s.

Parliament also introduces principles like early release for good behaviour or reduced sentences for guilty pleas.

Which of the following is the organisation that decides and reviews sentencing guidelines? Is it A, government; B, Sentencing Council; or C, Crown Prosecution Service? So the organisation that decides and reviews sentencing guidelines is the Sentencing Council.

Which of the following sets minimum and maximum sentence limits? Is it A, the Sentencing Council; B, Parliament, or C, the Crown Prosecution Service? So the organisation that sets minimum and maximum sentence limits is Parliament.

So we're going to practise what we've learned now.

Consider the following scenario.

Identify the mitigating and aggravating factors within it.

Make a judgement about what type of sentence you would give.

So Alex, a 25-year-old, breaks into a local electronics store at night and steals two expensive gaming consoles.

While running away, Alex knocks over a display, causing 500 pounds worth of damage.

The next day, Alex feels guilty and voluntarily turns themselves into the police, returning the stolen consoles.

Alex is not known to the police.

Now, just so you can have a bit more of an idea to guide you with this answer, you might also wish to use this information from the Sentencing Council when writing it.

Theft, as defined in Section 1 of the Theft Act 1968, is the dishonest appropriation of property with the intent to permanently deprive the owner.

It involves taking someone's property without force.

The maximum sentence is seven years, with sentencing ranging from discharge to seven years.

The value of stolen goods affects the sentence.

Goods up to 500 pounds are considered low value, and if the theft causes minimal harm, the sentence range is a community order to 36 weeks custody.

So have a think about the aggravating and mitigating factors in Alex's case and then decide on the sentence.

And when you've done that, we can have a look together at what you might have written.

Okay, so your answer might have included any of the following.

So, mitigating factors.

Alex confessed the crime and showed remorse.

Alex is not known to the police, so it is a first time offence.

The aggravating factors in Alex's case were that he planned the break-in, did it at night, and caused significant damage.

So you might have said, I think it's likely that Alex would be given a non-custodial sentence.

It's likely to be a community sentence.

And you could have justified that because it was a first time offence and it was considered to be a low-value crime because it was less than 500 pounds.

So well done if you've given that a good go, and you might have more detail, and that's absolutely brilliant.

So what have we learned in this lesson? There are five main purposes of sentencing set out in the Criminal Justice Act: punish the offender, reduce crime, reform and rehabilitate, protect the public, and reparation.

It is the role of judges and magistrates to decide sentences based on Sentencing Council guidelines, considering both aggravating and mitigating factors.

An aggravating factor is something about a crime that makes it worse.

For example, repeat offending, use of a weapon.

A mitigating factor is something about the crime or the offender that might make the sentence less severe.

For example, showing remorse or making admissions to the police.

Parliament also has a role in sentencing, and they create laws that set maximum and sometimes minimum sentences for crimes.