12-Sentencing Flashcards
What Act and section sets out the purpose of sentencing?
s142 Criminal Justice Act 2003
s142 Criminal Justice Act 2003
Sets out the purpose of sentencing
What are the main reasons given in s142 Criminal Justice Act 2003 for sentencing?
1) Punishment of offenders
2) Reduction of crime
3) Rehab of offenders
4) Protection of public
5) Reparations by offenders to persons affected.
What is meant by ‘retribution’?
Imposing a punishment because the offender deserves punishment.
Imposing a punishment because the offender deserves punishment.
What is this definition referring to?
Retribution
What organisation produces guidelines for sentences?
The Sentencing Council
The Sentencing Council
Produces guidelines for sentences.
Using the Sentencing Council guidelines, how does a Court determine the Offence Category for ABH as an example?
Category 1: Greater harm and higher culpability
Category 2: Greater harm and lesser culpability
or
Lesser harm and greater culpability
Category 3: Lesser harm and lesser culpability
What is the Step 1 in determining a sentence for an offender?
Determine the offence category IAW the 3 Category system from the Sentencing Council’s Guidelines.
What is Step 2 in determining a sentence for an offender?
Find the Starting Point and Category Range
In sentencing, what is meant by the ‘Starting Point’?
The minimum sentence the offender can be sentenced for accounting for their particular offence.
What is meant by the ‘Category Range’?
The upper limit of sentence an offender can receive for their particular offence.
With regards to sentencing, what is meant by ‘deterrence’?
A punishment aimed at putting the D or any other would-be criminals off the thought of committing a crime because of the fear of such punishment.
A punishment aimed at putting the D or any other would-be criminals off the thought of committing a crime because of the fear of such punishment.
What is this a definition of regarding sentencing?
Deterrence
What form can ‘reparations’ take when handing down a sentence to an offender?
1) Paying a sum of money
2) Community service orders
What is meant by a ‘custodial sentence’?
A sentence for the most serious crimes requiring a prison sentence.
A sentence for the most serious crimes requiring a prison sentence.
What is this a definition of?
A custodial sentence
What is the maximum prison sentence a Crown Court can hand down?
Unlimited, up to the maximum sentence for that offence. For example ABH is 5 years, therefore Crown Court can go anywhere up to 5 years.
What is the maximum fine the Crown Court can hand down?
Unlimited
What does the Criminal Justice Act 2003 state regarding the sentencing of Custodial Offences?
Court must not pass a custodial sentence unless it is of the opinion that a ‘fine alone or a community sentence cannot be justified’
What is the minimum sentence for murder?
Life sentence-can impose minimum years before eligible for release on licence.
What are some aggravating factors in deciding a D sentence?
1) Previous convictions
2) D on bail during offence
3) Hate crime
What are some mitigating factors in deciding a D sentence?
1) Mental illness of D
2) Physical illness of D
3) No previous convictions
4) Genuine remorse
How does a guilty plea affect a sentence and to what degree?
It may reduce it.
- First reasonable opportunity-1/3 reduction
- After Trial set-1/4 reduction
- Door of court or after trial reduction-up to 1/10
