AC 2.3

Question 1

available punishments

Answer 1

1. imprisonment
2. community sentences
3. fines
4. discharges

Question 2

1. imprisonment

Answer 2

-mandatory and discretionary life sentences, fixed-term and indeterminate sentences, suspended sentences

Question 3

types of sentences

Answer 3

-whole life term = no release, very serious cases
-mandatory life sentence = applies to murder, average of 16 years in prison, when released subject to monitoring and restrictions
-discretionary life sentence = applies to manslaughter, robbery and rape
-indeterminate sentences = no release date, protects public from dangerous offenders, abolished in 2012, people still in jain (14% of population)
-determinate sentences = have a release date, between 2 days and 2 years, released on license halfway through sentence
-suspended sentences = found guilty, doesn’t go directly to prison, less than 12 months and can be suspended for up to 2 years, issued in 15% of cases (2019)

Question 4

aggravating factors

Answer 4

-makes offence more serious:
-was offender on bail?
-any previous convictions?
-racially motivated/ hate crime?
-was offender in position of trust?
-vulnerablilty of victim?

Question 5

mitigating factors

Answer 5

-makes offence less serious:
-did the offender plead guilty?
-contextual issues (poverty)?
-remorse?
-age
-first time offence?
-out of character?

Question 6

aims of punishment and imprisonment

Answer 6

-retribution = prisons aim to punish, punishment fits the crime and takes away freedom, prison gives offender what they deserve
-deterrence = risk of being sent to prison deters offenders from committing crimes, high recidivism rates show that prisons don’t work as efficiently, only works if offenders are capable of thinking rationally
-reparation = Prisoners’ Earnings Act 2011, prisoners permitted to work, give a part of earnings towards cost of victim support services, imprisonment doesn’t always meet this aim
-public protection = prison takes away offenders from society, cannot harm public anymore
-rehabilitation = recidivism rates - 48% in a year, short sentences don’t work, lack of education in prisons, hard to find work on outside, shortage of programmes, can’t address behaviour

Question 7

2. community sentences

Answer 7

-combination order
-example, unpaid work, curfew, drug tests etc.
-issued when crimes are too serious for discharge or fine but not serious enough for prison

Question 8

what does community orders involve?

Answer 8

-community payback (40-300 hours of unpaid work)
-supervision by probation officer
-curfew
-residency requirement (must have a place to live, if not placed in accomodation)
-group programmes (ART)
-treatment for drug/alcohol addictions (Alcohol Anonymous)

Question 9

aims of punishment and community sentences

Answer 9

-rehabilitation – YES, more effective by 8.3%, those with over 50 convictions, reoffending is 1/3 higher for those given a custodial sentence than community one
-public protection – NO, not incapacitated, breaches lead to offender being sent to prison
-reparation – YES, repairing damage to victim’s property or paying back whole community (cleaning graffiti, clearing wasteland etc.)
-retribution – YES, limits on freedom, wear high vis vests with ‘community payback’ on them, names and shames

Question 10

3. fines

Answer 10

-dependant upon financial circumstances of the offender and seriousness of offences
-for minor offences - driving offences
-issued in magistrates, 15% of convictions for indictable offences include fines

Question 11

financial penalties depends on

Answer 11

1. sentencing guidelines for offence
2. circumstances of crime
3. financial situation of offender
4. which court is hearing the case (limit of £5k)

Question 12

aims of punishments and financial penalties

Answer 12

-retribution – YES, makes them pay for what they’ve done
-deterrence – YES, used for first offences, may be taken as a sign that the next punishment will be worse
-NO, many fines don’t get payed, 2019, backlog of £623 million, many were written off as uncollectable
-NO, 61% of fines are either written off or uncollected

Question 13

4. discharges

Answer 13

-conditional – defendant reoffends during set period of time (up to 3 years), courts impose different sentences
-absolute – no penalty imposed, defendant = guilty but morally blameless

Question 14

conditional discharges

Answer 14

-minor first-time offences in magistrates, no further sanction if defendant doesn’t reoffend during period of the order (up to 3 years)
-there if further offending, charged for initial offence and second offence

Question 15

absolute discharges

Answer 15

-no sanction imposed, lowest level an adult offender can receive
-rare, court believes the whole experience is sufficient deterrence
-defendant is guilty but morally blameless

Question 16

aims of punishment and discharges

Answer 16

-deterrence – YES, but only if defendant is affected by the court experience