12-Sentencing

Question 1

What Act and section sets out the purpose of sentencing?

Answer 1

s142 Criminal Justice Act 2003

Question 2

s142 Criminal Justice Act 2003

Answer 2

Sets out the purpose of sentencing

Question 3

What are the main reasons given in s142 Criminal Justice Act 2003 for sentencing?

Answer 3

1) Punishment of offenders
2) Reduction of crime
3) Rehab of offenders
4) Protection of public
5) Reparations by offenders to persons affected.

Question 4

What is meant by ‘retribution’?

Answer 4

Imposing a punishment because the offender deserves punishment.

Question 5

Imposing a punishment because the offender deserves punishment.

What is this definition referring to?

Answer 5

Retribution

Question 6

What organisation produces guidelines for sentences?

Answer 6

The Sentencing Council

Question 7

The Sentencing Council

Answer 7

Produces guidelines for sentences.

Question 8

Using the Sentencing Council guidelines, how does a Court determine the Offence Category for ABH as an example?

Answer 8

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

Question 9

What is the Step 1 in determining a sentence for an offender?

Answer 9

Determine the offence category IAW the 3 Category system from the Sentencing Council’s Guidelines.

Question 10

What is Step 2 in determining a sentence for an offender?

Answer 10

Find the Starting Point and Category Range

Question 11

In sentencing, what is meant by the ‘Starting Point’?

Answer 11

The minimum sentence the offender can be sentenced for accounting for their particular offence.

Question 12

What is meant by the ‘Category Range’?

Answer 12

The upper limit of sentence an offender can receive for their particular offence.

Question 13

With regards to sentencing, what is meant by ‘deterrence’?

Answer 13

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.

Question 14

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?

Answer 14

Deterrence

Question 15

What form can ‘reparations’ take when handing down a sentence to an offender?

Answer 15

1) Paying a sum of money

2) Community service orders

Question 16

What is meant by a ‘custodial sentence’?

Answer 16

A sentence for the most serious crimes requiring a prison sentence.

Question 17

A sentence for the most serious crimes requiring a prison sentence.

What is this a definition of?

Answer 17

A custodial sentence

Question 18

What is the maximum prison sentence a Crown Court can hand down?

Answer 18

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.

Question 19

What is the maximum fine the Crown Court can hand down?

Answer 19

Unlimited

Question 20

What does the Criminal Justice Act 2003 state regarding the sentencing of Custodial Offences?

Answer 20

Court must not pass a custodial sentence unless it is of the opinion that a ‘fine alone or a community sentence cannot be justified’

Question 21

What is the minimum sentence for murder?

Answer 21

Life sentence-can impose minimum years before eligible for release on licence.

Question 22

What are some aggravating factors in deciding a D sentence?

Answer 22

1) Previous convictions
2) D on bail during offence
3) Hate crime

Question 23

What are some mitigating factors in deciding a D sentence?

Answer 23

1) Mental illness of D
2) Physical illness of D
3) No previous convictions
4) Genuine remorse

Question 24

How does a guilty plea affect a sentence and to what degree?

Answer 24

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