3) Sentencing Flashcards
Where are the aims of sentencing laid out
S.57 of the Criminal Justice Act 2003
What are the 5 aims of sentencing
- Retribution
- Deterrence
- Protection of public
- Rehabilitation and Reform
- Reparation
What is retribution
- Where the offender must face punishment, this punishment must be on the same level as the crime
- Comes from the Bible quote of “an eye for an eye”
What is deterrence and the two types
- The action of discouraging committing offences
- Individual deference, particular offender where a harsher sentence could be imposed to stop it from happening again
- General deterrence, making someone an example
What is protection of the public
Sentence given to protect the public from the offender, e.g dangerous driver is given a driving ban - custodial sentences
What is reform and rehabilitation
Ways of help and prevention to stop offenders committing again
- s.57 Sentencing Act 2020, rehabilitation should be prioritised for youth offenders especially
- Police, crime, sentencing and courts act 2022 - community sentencing should provide appropriate levels of punishment and address underlying causes of offending
What is reparation
The process of giving back to society what was taken away
- unpaid community work
- taking accountability, and apologising
What are 3 aggravating and mitigating factors
A - Seriousness of crime
- Harm caused
- Previous convictions
M - personal circumstances
- genuine
- Admitting guilt earlier
What age range is classed as a youth offender
10-17 years of age
Where are youth offenders tried
Youth courts, unless serious or tried alongside adult then crown court
What case outline the role of youth courts
Thompson and Venebles v UK
What did the European court of human Rights (ECHR) establish about youth courts
- Must all sit on the same level
- Defendant allowed to sit with family
- No wigs, no gowns
- Press should be restricted
- No jury and no public
What is a youth rehabilitation order and what is it covered by
A type of youth community sentence
- S.173 Sentencing Act 2003 (max 5yrs)
What 3 requirements can be attached to a youth rehabilitation order
- Curfew
- Electronic tag
- Unpaid work requirements
What rules are there on youth fines
- They must reflect the ability of what the youth can pay
- if the youth is under 16 the parent/guardian is responsible to pay the fine
What is the main purpose of youth community sentences
- Deterence
- Reform
(classed as a first tier sentence)
What is an example of a youth community sentence
- Reparations Order
i.e clean graffiti, meet victim and apologise
S.109 Sentencing Act 2020
What are the two types of youth discharge
- Conditional
- Absolute
What is a conditional discharge
- Youth is not punished for offence as long as they do not commit another within a period of 6 months up to 3 years
What is an absolute discharge
- Where the youth is not punished even if found guilty or pleads guilty
What are 2 youth custody options
- Detention and training
- Detention for life
What is detention and training
- First half of sentence the youth remains in custody, second half spent in community under the supervision of Youth offending team
What is detention for life
- Where a youth has committed a serious offence e.g murder, rape they are detained for life
- These would include offences which an adult would received 14+ years
How many categories of sentencing are there for adults
4 Categories
- Community sentence
- Fines
- Discharge
- Custodial sentences
Community sentences facts and examples
- 13% of criminal case per year given a community sentences
- Anyone over the age of 16+ can be given one
- Includes things like 300 hours of unpaid work
Fines facts and examples
- 71% of criminal cases annual
- Can be given alone of in addition to another sentence
- Courts will take into consideration the seriousness of the crime and offenders financial ability
Discharges, types and facts
- Only 4% annually are given a discharge
- For very minor offences
- Absolute/conditional discharges (same as youths)
- However, the offender will still have a criminal record
What are the types of custodial sentences
- Determinate/fixed term
- Discretionary life imprisonment
- Mandatory life
- Whole life orders
- Suspend sentence
What is a determinate/fixed term sentence
- Most common
- If the sentence is over a year half will be spent in prison and the other half in the community with guidelines
- LASPO2012, provided an extended determinate sentence for sex offenders where they must spend at least 2/3 of their sentence in prison
Where are discretionary life sentences outlined
S.321 Criminal Justice Act 2003
Suggesting imprisonment for life when
- offender convicted of serious offence (max life or at east 10 years)
- when offered poses significant risk to public
- offence justifies imprisonment for life
When is a mandatory life sentence compulsory
Compulsory in 2 case
- guilty of murder
- LASPO 2012 brought in the ‘Two Strikes’ policy where a MLs is given if an offender is convicted of a second serious sexual or violent crime
What is a whole life order
- Extremely rare, given to most persistent offenders
- PCSC 2022 outlined a whole life order should be the starting point for premeditated murder of a child
What is a suspended sentence
- Not in prison, but must comply with conditions from court
- Time rending anywhere between 14 days and 1 year
- Breach will lead to the rest of the sentence being spend in prison
