ABSTRACT

A distinguishing feature of the criminal law is that there is the possibility of the State imposing a punishment on an offender. Hart’s definition of ‘punishment’ is that it must:

involve pain or other unpleasant consequences;

be for an offence against legal rules;

be intentionally administered by human beings other than the offender;

be imposed and administered by an authority constituted by a legal system against which the offence is committed.