12-Sentencing Rules and Principles Flashcards
what are the purposes of sentencing
reduce crime punishment of offenders reform/rehabilitation protect the public reparation
where are the purposes of sentencing seen
s142 Criminal justice act 2003
what are ancillary orders
these are punishments in addition to main sentence
examples of ancillary orders are
restraining order bind over restitution deprivation order banning order sexual harm/serious harm prevention order criminal behaviour order
what are the main sentences given
imprisonment/suspended imprisonment, community order, fines, compensation, discharge
what are sentencing capabilities for both courts
crown court= unlimited time and fine
magistrates= unlimited fine since 2015 but 6 months in prison for one offence and 12 months for 2
what makes a more serious sentence
more culpability and more harm s143 CJA 2003
what makes higher culpability in a crime
planning, gangs, professional offending, financial gain, high profit, offending on bail, target vulnerable or minorities, alcohol and drugs, abusing power or relevant pre convictions
what makes higher harm
more victims, in property offences, psychological harm, victim vulnerability, case specific factors
what makes lower culpability
provocation, mental illness, disability, need rather than greed.
lower harm
low property value, limited victim impact, victim of violence
what is custody threshold under s152 of CJA
so serious that prison needs to be considered
what must prison time be and what act
s142 CJA says prison time must be shortest it can be
what can happen to prison sentences under 2 years
they can become suspended
what can courts force to do on suspended sentence
force things to be done in community s190 CJA
what is release on licence
only serve portion of prison sentence typically half
what must community orders be
suitable for the type of offender
what are examples of community orders
unpaid work, activity, programme, prohibited, activity, curfews, tag, mental health and drug or alcohol treatment, supervision order, attendance centre
what can be taken into account for fines
someones wage, deducted from earnings
what are the two types of discharge
conditional and unconditional
what are the acts that deal with compensation
LASPO (legal aid, sentencing and the punishment of offenders act)
powers of criminal courts act
what are compensation orders
when courts order compensation to be given to victim services
what happens to court costs
if guilty could pay all legal charges. means tested so depends on wages and could be installments
what do courts have a duty to follow
court has duty to follow sentencing guidelines
