4 Sentencing Flashcards
Sentencing powers curbed by legislation by:
Setting limits, e.g. Maximum years for an offence
Governs conditions under which some sentences can be applied
BUT: law has to be
Interpreted
4 types of sentencing:
Fines
Discharges
Community sentence
Custodial sentence
Fines =
Most used
Discharges = 2 types:
Absolute
Conditional
Conditional discharge = offender MUST NOT…
commit a further offence in a given period. If they do then they are liable to be sentenced for the original offence and the new one
Community sentence is…
Probation
A community order
2 types of custodial sentence (prison):
Suspended sentence of imprisonment order
Imprisonment
Increased use of mixed sentencing such as:
Suspended sentence order and community order
Classical criminology- critical of…
Incoherent, ad hoc and inconsistent sentencing in 1700s
Judicial discretion - subject to
Criticism and reform (guidelines)
(Influences) traditionally an individualistic practice, resistance to:
Guidelines and political interference
(Influences) separation of the
Executive (politicians) and the judiciary
(Influences) 1969-72 introduction of new penalties such as:
Suspended sentence
(Influences) 1973-81: ‘Bifurcation’ -
Long custodial sentence for serious and shorter non-custodial for ‘average’ offender
