2. Sentencing Flashcards
What is the intro to the aims of sentencing?
S142 of the Criminal Justice Act 2003 sets out the purpose of punishing offenders over the age of 18, the courts must consider each of the following aims when deciding the appropriate punishment
What are the 6 aim of sentencing?
-Retribution
-Denunciation
-Deterrence
-Protection of the public
-Rehabilitation
-Reparation
Describe retribution as an aim of sentencing…
-Based on the idea of punishment
-The offender deserves to be punished for their acts
-Only concerned with making sure the offender is given a punishment that is proportionate to the offence that they committed
-An eye for an eye
Describe Denunciation as an aim of sentencing…
-This is society expressing its disapproval of the criminal activity
-The sentence should indicate to the offender and the public that society condemns the behaviour
Describe Deterrence as an aim of sentencing…
-Individual deterrence is where the punishment given will ensure that the individual offender will not re-offend due to fear of future punishment
-General deterrence means preventing other offenders from committing crimes by making an example of one offender
-In both cases sentences are harsh and disproportionate to the crime committed.
Describe protection of the public…
-When the aim of the sentencing is to protect the public from a dangerous offender
Describe rehabilitation…
-The main aim here is to reform and rehabilitate the offender
-Rehabilitating them so that they can go back into society and altering their behaviour to not reoffend
-It helps the offender overcome problems that they’re facing and makes it easier to avoid reoffending in future
-Key aim when sentencing youth offenders
Describe reparation…
-D paying back to society or the victim
-Through fines, compensation or unpaid work
What are aggravating factors that make offence committed worse?
-Previous convictions
-Weapons used
-Racially aggravated
-If D was on bail
-Lack of remorse
What are mitigating factors that make the crime less bad and justify more lenient sentece?
-No previous convictions
-Remorse/apology
-If crime was provoked
-If crime was self-defence
-They plead guilty at first opportunity
What are the 4 adult custodial sentences
-Mandatory life
-Discretionary life sentence
-Fixed term
-Suspended prison sentence
What would you write for mandatory life?
-Only used for murder
-Life means life
-However judge can set minimum term to be served
What would you write for discretionary life sentence?
-Could be improved for section 18/ rape
-It is up to the judge as to whether he imposes this sentence for the crime or not
What would you write for fixed term?
-The sentence length will depend on a number of factors
-It is for the judge to impose
-The offender could be eligible for release after serving half of this sentence
What would you write for suspended prison sentence?
-The prison sentence is given but suspended for up to 6 months - 2 years
-If the offender doesn’t commit another crime in this time they will not go to prison
-If they commit a crime in this time they will serve the rest of their sentence in prison and the sentence for the new crime
