6.3.1 You be the judge
Now that you have explored how and why people are sentenced, Activity 12 puts your knowledge into practice.
Activity 12 You decide the sentence
Mairead is 27 years old. She has many previous convictions for theft (shoplifting from supermarkets), including two in the past year. She has just pleaded guilty in the magistrates’ court to stealing food and toiletries valued at £45 from her local supermarket. Mairead has recently completed a community order which included supervision by a probation officer. A pre-sentence report prepared for the court by the National Probation Service suggests she is likely to commit further offences. It notes that she steals to supplement her income from benefits; she cannot work as she is a full-time carer for her disabled child.
What sentence do you think would be appropriate, and why?
Comment
The sentence you choose (e.g. a prison sentence, community sentence or fine) will depend upon which factors you consider to be important. Should the court prioritise deterring Mairead from committing further offences? Should it focus on incapacitating her from committing more thefts? Might rehabilitation be the best way of preventing future offences? Do Mairead’s caring responsibilities affect your opinion?
Courts decide sentences using sentencing guidelines produced by the Sentencing Council (2020). Since Mairead was acting alone with little planning, and the items were worth under £200, the guideline sentence is a conditional discharge or fine.
Do you think this is an appropriate sentence? Why (not)?
Comment
You might think that this sentence is appropriate for shoplifting of this value, especially taking into account Mairead’s personal circumstances. However, is it appropriate for a frequently repeated offence?
The guidelines say that persistent offending might justify a community sentence or even imprisonment. However, being a sole carer for her child is a mitigating factor (i.e. one which might reduce Mairead’s sentence).
Does this change your view of the appropriate sentence?
Comment
If you considered a fine or conditional discharge to be appropriate, you may not have changed your view. However, if you thought it was too lenient then you might use the guidelines to suggest a more severe sentence.
By pleading guilty early, Mairead saved public time and money and saved witnesses from coming to court. Now you have decided her sentence, the final step is to discount (i.e. reduce) it by one-third to recognise her guilty plea. For example, a £150 fine would be reduced to £100; a community sentence might be for one-third fewer hours or may be reduced to a fine.
Comment
This type of case frequently comes before the courts. It can be difficult to balance all the factors and decide on an appropriate sentence.
You might consider whether criminal prosecution is the best answer here. Is it helpful to consider Mairead’s thefts in isolation from their social context, including the level of financial and practical support she and her child receive?
In the last section, you will consider the differences between criminal and civil law: are they two different systems or is there some overlap between them?
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