... This is idea is based on the point that if there is a prospect of an unpleasant punishment, this alone will prevent the commission of further crimes. The chance of detention is the basis of deterrence, as this will ensure it is effective. If there is only a minor chance of getting caught and then following this, being prosecuted then deterrence will be not fulfil its purpose. The provisions of the Criminal Justice Act 1991 contradict the Act that has just been stated. This is because it is actually based on "just deserts." Sentences stated in the Act are separated into four categories-community sentences, fines, custodial sentences and certain miscellaneous sentences. The judge begins the relevant case with the presumption that the sentence will be a fine, unless this sentence is fixed by law (for example life imprisonment). Where certain statutory conditions are satisfied, a custodial or community sentence can ...

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