12-Sentencing Rules and Principles Flashcards

1
Q

what are the purposes of sentencing

A
reduce crime
punishment of offenders
reform/rehabilitation
protect the public 
reparation
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

where are the purposes of sentencing seen

A

s142 Criminal justice act 2003

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

what are ancillary orders

A

these are punishments in addition to main sentence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

examples of ancillary orders are

A
restraining order
bind over
restitution
deprivation order
banning order
sexual harm/serious harm prevention order
criminal behaviour order
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

what are the main sentences given

A

imprisonment/suspended imprisonment, community order, fines, compensation, discharge

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

what are sentencing capabilities for both courts

A

crown court= unlimited time and fine

magistrates= unlimited fine since 2015 but 6 months in prison for one offence and 12 months for 2

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

what makes a more serious sentence

A

more culpability and more harm s143 CJA 2003

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

what makes higher culpability in a crime

A

planning, gangs, professional offending, financial gain, high profit, offending on bail, target vulnerable or minorities, alcohol and drugs, abusing power or relevant pre convictions

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

what makes higher harm

A

more victims, in property offences, psychological harm, victim vulnerability, case specific factors

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

what makes lower culpability

A

provocation, mental illness, disability, need rather than greed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

lower harm

A

low property value, limited victim impact, victim of violence

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

what is custody threshold under s152 of CJA

A

so serious that prison needs to be considered

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

what must prison time be and what act

A

s142 CJA says prison time must be shortest it can be

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

what can happen to prison sentences under 2 years

A

they can become suspended

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

what can courts force to do on suspended sentence

A

force things to be done in community s190 CJA

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

what is release on licence

A

only serve portion of prison sentence typically half

17
Q

what must community orders be

A

suitable for the type of offender

18
Q

what are examples of community orders

A

unpaid work, activity, programme, prohibited, activity, curfews, tag, mental health and drug or alcohol treatment, supervision order, attendance centre

19
Q

what can be taken into account for fines

A

someones wage, deducted from earnings

20
Q

what are the two types of discharge

A

conditional and unconditional

21
Q

what are the acts that deal with compensation

A

LASPO (legal aid, sentencing and the punishment of offenders act)
powers of criminal courts act

22
Q

what are compensation orders

A

when courts order compensation to be given to victim services

23
Q

what happens to court costs

A

if guilty could pay all legal charges. means tested so depends on wages and could be installments

24
Q

what do courts have a duty to follow

A

court has duty to follow sentencing guidelines