AC 2.3 Flashcards
What are the 4 forms of punishment?
prison
community orders
financial penalties
discharges
What percentage of sentences imposed is fines? (2022)
78% - has increased by 3% since June 2021
What percentage of sentences imposed is community sentences? (2021)
8%
What percentage of sentences imposed is immediate custody? (2021)
7% (more than previous year)
What percentage of sentences imposed is suspended prison sentences? (2021)
5% (more than previous year)
How many offenders were sentenced in year June 2022
1 mil
What are the 4 types of prison sentence?
Life sentences
Indeterminate sentence for public protection (IPP)
Determinate (fixed term) sentences
Suspended sentences
What are the 2 types of life sentences?
Mandatory life sentence for murder
Automatic life sentences for dangerous offenders
How many years on average do people serving mandatory life sentences spend in custody?
17 - up 13 years from 2001
How does a mandatory life sentence for murder work? (4)
Judge sets a minimum order term (tariff) – time that must be served before offender can be released. (Guidance to courts on setting tariff – Sentencing Code)
Once released, offender will be on license for the remainder of their life.
May be recalled to prison if considered a risk to public (further offending not necessary).
What s the exception to the normal workings of a mandatory life sentence?
whole life orders
Mandatory life imprisonment for murder: starting points for setting the tariff
Juveniles (aged under 18 at time of offence)
12 yrs min. term
Mandatory life imprisonment for murder: starting points for setting the tariff
The ‘usual’ starting point
15 yrs min. term
Mandatory life imprisonment for murder: starting points for setting the tariff
‘Particularly high’
30 yrs min. term
Mandatory life imprisonment for murder: starting points for setting the tariff
The ‘weapons’ category
25 yrs min. term
Mandatory life imprisonment for murder: starting points for setting the tariff
‘Exceptionally high’ (aged 21 yrs + at time of offence)
whole life order
Who are automatic life sentences for dangerous offenders intended for?
Intended for those who’ve committed offences of the utmost gravity (other than murder).
Who sets the tariff for automatic life sentences for dangerous offenders?
the judge
example of a automatic life sentences for dangerous offenders
Automatic life sentence for 2nd serious sexual or violent offence [Crime (Sentences) Act 1997].
Who are the ‘serious offenders’ that undergo imprisonment for public protection (3)
Whose crimes did not merit a life sentence.
Who are convicted of a serious offence (a specified sexual or violent offence carrying a maximum penalty of 10 years imprisonment or more).
Where the court is of the opinion that there is a significant risk of serious harm to the public.
What is the release date for imprisonment for public protection?
no release date
When were IPP sentences abolished and introduced?
introduced - 2003
abolshised - 2012
When were IPP sentences abolished and introduced?
introduced - 2003
abolished - 2012
How does IPP sentencing work? (4)
Offenders sentenced to IPP are set a min. term (tariff) in prison.
Once tariff completed, they can apply to the Parole Board (PB) for release.
Release granted only if PB satisfied that custody is no longer necessary for public protection.
If released, offenders will be on supervised licence for at least 10 years.
What is a determinate (fixed term) prison sentence?
Fixed term prison sentence: court sets a fixed length for the prison sentence.
What is the most common type of prison sentence?
determinate ‘fixed term’
How is the length of a determinate sentence limited?
maximum penalty for the sentence
What represents the maximum amount of time that the offender will remain in prison when given a determinate sentence?
The sentence imposed by the court
What is a extended determinate sentence?
): a custodial term, the majority of which is served in prison, followed by an additional extended period of licence in the community. They can be imposed if the offender is found guilty of, or has a previous conviction for, a specific sexual, violent or terrorist offence
Mandatory minimum term prison sentences for offences -
3rd domestic burglary
3 yrs
Mandatory minimum term prison sentences for offences -
3rd domestic burglary
7 yrs
Mandatory minimum term prison sentences for offences -
3rd domestic burglary
7 yrs
Mandatory minimum term prison sentences for offences - 2nd Offensive Weapon/Bladed Article Offence
6 months
What must be the point of release if your length of sentence is more than 2 days but less than 2 years?
Release on licence at half-way point with post-sentence supervision of 12 months or more
What must be the point of release if your length of sentence is more than 2 years
Release on licence at half-way point; remainder of sentence served in the community subject to supervision & with conditions
What is the reconviction rate within one year of release?
48%
What must the court decide when imposing a suspended sentence?
court must decide that a custodial sentence is appropriate, i.e. that the custody threshold has been crossed
What is the custody threshold?
The offence (or combination of offence & one or more associated with it) was so serious that a fine or community sentence can be justified
What is the period of suspension called?
operational period
What is a suspended sentence?
the offender does not go to prison immediately but is given the chance to stay out of trouble and comply with up to 13 requirements set by the court.
What 2 factors allow an offender not to serve the sentence immediately if given a suspended sentence?
Suspended (between 6 & 24 months) on condition that no further offence is committed.
AND
Offender abides by requirements attached to the sentence (same as conditions that can be attached to a community order).
What happens if a suspended sentence is breached?
some /all of the custodial sentence is activated
Imprisonment is reserved for the most serious offenders; therefore, the offender get their just desserts for committing serious crime. Impact of campaigns on attitudes to just desserts suggests social attitudes change over time.
(INFORMATION)
PRISON & PUBLIC PROTECTION: strengths (3)
Public is protected for the length of time the offender is in custody.
Judges are imposing longer prison terms – protecting the public for longer.
Offenders released early on licence & under supervision with recall to prison a possibility.
PRISON & PUBLIC PROTECTION: problems (3)
Protection may only be temporary with re-offending post-release possible unless offender is rehabilitated.
Recidivism rates following short term and longer term sentences.
If re-offending does occur, suggests prison is not fully effective in protecting society.
IPP: strengths (2)
Public is protected for the length of time the offender is in custody.
Further, offender can only be released if no longer a danger to society.
CRITICISMS OF IPP (3)
Used more widely than intended, e.g. low level crimes with tariffs as short as 2 years.
Victims uncertain about when an offender will be released.
IPPs lead to inconsistent sentencing: imposed on some offenders but not on others convicted of similar crimes.
Rehabilitation criticisms
Yet: recidivism (re-offending) rate is high, particularly for those sentenced to short terms.
Education / training programmes in prison limited.
Example of prison as reparation
Prisoners Earnings Act 2011 – prisoners working outside to prepare for release can pay earnings towards victim support services. Yet: in practice, insufficient chances to earn during sentence.
What is a community order?
Combines punishment with activities to change offenders’ behaviour & to make amends for their wrongdoing.
How long can a community order be?
up to 3 yrs
When can a community order be used (what kind of offence) ?
Can only be imposed for imprisonable offences.
Exceptions: murder & offences where a mandatory min. prison term applies
What are the 3 threshold requirements for imposing a community order?
Offence must be serious enough to justify the imposition of a community order (s. 148, Criminal Justice Act 2003).
Community orders must be suitable for the offender.
Restriction of liberty must be proportionate to the seriousness of the offence.
What are some requirements of a community order (community order only needs to satisfy one)?
Rehabilitation activity requirement
Unpaid work under the Community Payback Scheme (40-300 hours over a maximum 3 year period)
Prohibited activity requirement
How does community order meet their aims in terms of retribution?
COs express society’s moral outrage at the offence if, e.g. the offender is required to complete unpaid work (up to 300 hours). This requirement will restrict the offender’s liberty because it must be completed during their free time.
Also supervised throughout.
HOW DO COMMUNITY ORDERS MEET THE AIM OF REHABLITATION?
An instrumental punishment: offender’s behaviour is changed through, e.g. drug treatment so they’ll be less likely to reoffend.
However, access to this may be affected by a lack of resources.
How does community order meet their aims in terms of public protection?
whilst the offender is engaged in, e.g. unpaid work, they are supervised. Since this is a restriction on liberty, they will be unable to reoffend during this time. Similarly, exclusion orders & foreign travel bans also restrict freedom of movement.
How does community order meet their aims in terms of reparation?
offender pays the community back for the harm they’ve done through, e.g. unpaid work on community projects.
What is a fine?
A fine is a financial penalty imposed as punishment for offending.
What is the max fine that can be imposed by a magistrates court?
£10000.
What is the max fine that can be imposed by crown court?
unlimited
What percentage do fines account for?
75%
What does the amount of fine depend on? (3)
The offence itself: the max. fine will be stated in legislation.
The circumstances & seriousness of the offence: Sentencing Council lays down guidelines giving a range of options depending on, e.g. whether it’s a first offence & the amount of harm caused to the victim.
The offender’s ability to pay.
What can failure to pay a fine without good reason be punishable by?
Imprisonment *
Deduction from benefits
Issue of a warrant by the court to seize the offender’s goods
How do fines meet the aims of punishment through retribution?
Fines meet the aim of retribution because fines limit the amount of money offenders have to spend – thereby signalling society’s moral outrage at the harm caused by their offending.
How do fines meet the aims of punishment through individual deterrence?
: Fines are commonly imposed on first-time offenders – signalling a harsher punishment if they re-offend & deterring the offender from repeating the behaviour.
How do fines meet the aims of punishment through general deterrence?
Also, the threat of a a fine might deter the rest of us because we fear punishment – therefore, fines are a kind of external social control
How do fines not meet the aims of retribution and deterrence?
Every year, a large number of fines remain unpaid
What is a compensation order?
An offender may be required by the court to pay compensation for the harm caused.
How does a compensation order meet the aims of reperation?
The order repairs the damage caused by the offender’s behaviour.
What is an absolute discharge?
No further action is taken, since either the offence was very minor, or the court considers that the experience has been enough of a deterrent.
The offender will receive a criminal record.
What is a conditional discharge?
Offender is released and the offence registered on their criminal record.
No further action is taken unless they commit a further offence within a time decided by the court (no more than 3 years).
Can a court fine and impose a discharge for the same offence?
No. However, orders for the costs of prosecution as well as compensation orders & orders for disqualification from driving can be imposed at the same time.
What legislation covers discharges?
: S. 12, Powers of Criminal Court (Sentencing) Act 2000
What happens when there is a breach of a conditional discharge?
If D commits a further offence during the period of a conditional discharge, they can be re-sentenced to the max. sentence available.
Offender can’t be fined AND subject to a conditional / absolute discharge for the same offence (R v Sanck (1990).
BUT
Costs & compensation orders,deprivation orders,restitution orders and orders for disqualification from driving can be imposed at the same time.
(INFORMATION)
