*AC 2.3 Flashcards
What are the aims of sentencing according to The Criminal Justice Act (2003)?
- Punishment of offenders (retribution/just deserts)
- Reduce crime as a means of deterrent
- Rehabilitation of offenders
- Protection of the public
- Reparation for victims
The aims of sentencing serve various purposes, including achieving justice and community safety.
What are the types of sentences handed down by a judge?
- Mandatory and Discretionary life sentences
- Fixed term and indeterminate sentences
- Suspended sentences
Mandatory sentences are required by law, while discretionary sentences are at the judge’s discretion.
What is a life sentence in the UK?
The most serious punishment given for crimes such as murder and rape
Life sentences involve long-term monitoring and restrictions post-release.
What does the parole board assess regarding life sentences?
Whether a prisoner should be released after the minimum sentence time has elapsed
Decisions are based on the prisoner’s behavior and perceived risk to the public.
What is an indeterminate life sentence?
Offenders have no automatic right to be released after the minimum sentence term
The parole board decides suitability for release based on danger to society.
What are the statistics regarding indeterminate sentences in 2018?
Approximately 10,000 prisoners serving indeterminate sentences (about 14% of the prison population)
This shows a significant portion of the prison system is comprised of these offenders.
How long do ‘lifers’ typically spend in prison?
On average, 16 years in prison, with the rest of their lives under monitoring
This includes conditions that restrict their freedom after release.
What is a determinate sentence?
A sentence of a fixed length
Most prisoners in the UK serve this type of sentence.
What happens if a prisoner serves a sentence under 12 months?
The offender is normally released halfway through
This is part of a strategy to manage prison populations and facilitate reintegration.
What is a suspended sentence?
The offender receives a prison sentence but is not sent directly to prison, and it can be suspended for up to 2 years
Conditions may apply to avoid imprisonment.
What is reparation in the context of sentencing?
Repairing the damage caused by an offender
This can involve compensating victims or engaging in community service.
What percentage of prisoners re-offend within one year of release?
48%
This statistic highlights the challenges in rehabilitation and recidivism.
What is community sentencing?
A type of criminal punishment that doesn’t involve imprisonment
Offenders fulfill conditions in their local community to address their behavior.
What are the required components of a community order?
- Supervision by a probation officer
- 30 to 300 hours of unpaid work
- Residency requirement
- Group programs for anger management
- Treatment for addiction
These requirements aim to rehabilitate offenders while ensuring accountability.
How does community sentencing compare to short-term prison sentences in terms of re-offending rates?
38.3% of community sentence offenders re-offend within one year, compared to 54.2% of short-term prison sentence offenders
This suggests community sentences may be more effective in preventing recidivism.
What factors determine the size of a fine?
- The offence itself
- The circumstances of the crime
- The offender’s ability to pay
This ensures that fines are proportionate and fair.
True or False: Financial penalties are effective for all offenders.
False
Their effectiveness can vary based on the offender’s circumstances and the nature of the offense.
What is a conditional discharge?
A discharge where the defendant reoffends during a set period of time, potentially leading to a different sentence
This allows for leniency while still holding the offender accountable.
What is an absolute discharge?
No penalty is imposed as the defendant is guilty but morally blameless
The offender is not required to complete any further actions, but a record is kept.
What is the effectiveness of conditional discharges?
Some studies suggest they can be effective in reducing re-offending rates, especially with rehabilitation programs
However, their effectiveness can vary based on the severity of the offense.
