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Unit 4 aims 3

Fines and discharge

QuestionAnswer
3 crimes that could be punished by a fine Road traffic offences​ Minor public order offences​ Being drunk and disorderly​
What does the size of the fine depend on? Type of offence: Each has a legally set maximum fine. Circumstances: Factors like first‑time offence, level of harm, and seriousness. Ability to pay: Fines are adjusted for the offender’s financial situation; instalments may be allowed.
2 ways fines meet the aim of retribution Impose financial loss, directly punishing the offender. “Hit them in the pocket”, making offenders suffer proportionately for the harm caused.
2 ways fines do not meet the aim of retribution Large amounts written off, showing fines (e.g., £250m cancelled, Whitehead 2014). Under‑16s don’t pay their own fines, so the punishment does not fall on the offender themselves.
2 ways fines meet the aim of deterrence Fear of further financial loss may discourage offenders from reoffending. Used for first‑time offenders as a warning, signalling that harsher penalties will follow if crime continues.
2 ways fines do not meet the aim of deterrence Wealthy offenders or corporations can absorb the cost, reducing deterrent effect. Fines may be ineffective for those unable to pay, and in some cases financial pressure may even encourage further offending.
Why do fines not really meet the aim of public protection? The types of offenders fined are generally low‑risk, so fines don't typically need to protect the public Fines do not restrict liberty or behaviour. They do not prevent future offending or incapacitate offenders in any way.
2 ways fines can meet the aim of reparation Some money raised from fines can benefit wider society. E.g. money raised from speed awareness courses is used to finance bikeability courses in Devon. Sometimes the offender has to pay compensation to the victim to make amends for the crime.​
2 ways fines cannot meet the aim of reparation Fines are paid to the state, not the victim. They do not directly compensate those harmed.​ Money cannot make amends for some of the harm done.​
Why do fines not meet the aims of retribution? Sentencing Academy’s 2025 bulletin states that “fines are not intended to rehabilitate and there is no obvious mechanism whereby they may address criminogenic risk factors.
Who find a defendant guilty? The jury
Who determines the sentence? The judge
What is a conditional discharge? The offender receives no immediate punishment, but will be sentenced if they commit another offence within a set period (up to three years).
When may the judge grant an absolute discharge? When the defendant is technically guilty but where punishment would be inappropriate, usually because the defendant is morally blameless.
What case study shows a reasonable use of an absolute discharge? The Thirsk Railway disaster 1892
Created by: Cabezablanca
 

 



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