5.1 Introduction to Sanctions

Question 1

Sanction

Answer 1

a penalty (e.g. a fine or prison sentence) imposed by a court on a person guilty of a criminal offence

Question 2

Sanction

SOK

Answer 2

A legal penalty given to a person who has been convicted of a criminal offence. The sanction is decided on and ordered by the sentencing judge or magistrate.

Question 3

Conviction

Answer 3

a finding of guilt made by a court, whether or not a conviction is recorded. Where a conviction is recorded, it will form a part of the person’s criminal record.

Question 4

Recidivism

Answer 4

re-offending; returning to crime after already having been convicted and sentenced

Question 5

What is the purpose of the sentencing act 1991

Answer 5

• Provide consistency of approach
• Provide fair procedures for imposing sanctions
• Prevent Crime and promote respect for the law

s5

Question 6

List the types of sanctions in severity

Answer 6

• Imprisonment wc
• Court Secure Treatment Order wc
• Drug and alcohol treatment order wc
• Youth Justice Centre Order wc
• Youth Residential Centre Order wc
• CCO wc or wnc
• Fine wc or wnc
• Adjournement wc
• Discharge wc
• Adjournment wnc
• Dismissal wnc

wc = with conviction
wnc = with no conviction

Question 7

Principle of Parismony

Answer 7

the principle of using the least amount of resources or the simplest explanation necessary to achieve a desired outcome. In the context of sentencing, this concept emphasizes that punishments should be proportionate to the crime committed, avoiding excessive penalties or overly complex sentencing structures that could complicate justice

Question 7

What principles affect the severity of a sentence

Answer 7

• Sentencing Act 1991
• Principle of Parsimony
• Precedent