AC 2.3 - Punishment and Sentences

Question 1

What are the four forms of punishment?

Answer 1

Imprisonment, Community, Financial and Discharge.

Question 2

Give a summary of the types of imprisonment punishments that are available.

Answer 2

Mandatory and discretionary life sentences, fixed term and indeterminate sentences, and suspended sentences

Question 3

Give a summary of the types of community punishments that are available.

Answer 3

Unpaid labour, curfews, drug treatment programmes and testing, and supervision (probation).

Question 4

What do financial punishments depend on?

Answer 4

The financial circumstances of the offender, and the seriousness of the offence(s) committed.

Question 5

Give a summary of the types of discharge punishments that are available.

Answer 5

Conditional - i.e. if the defendant reoffends during a set period of time (up to three years), the courts have the right to impose a different sentence.

Absolute - i.e. no penalty is imposed as the defendant is guilty, but morally blameless.

Question 6

What is the most serious punishment available to our Courts?

Answer 6

A life sentence - imprisonment.

Question 7

For murder, what is the mandatory minimum sentence?

Answer 7

A life sentence.

Question 8

On average, how long do offenders with a life sentence spend in prison?

Answer 8

On average, offenders with a life sentence spend about 16 years in custody. This increase from 13 years in 2001.

Question 9

What are indeterminate sentences?

Answer 9

Indeterminate sentences refer to sentences where there is no specific release rate. Often, these were used for dangerous offenders.

Question 10

With an indeterminate sentence, who decides the release date of the offender?

Answer 10

The parole board will decide when the offender should be released.

Question 11

When were indeterminate sentences abolished?

Answer 11

Indeterminate sentences were abolished in 2012.

Question 12

What is meant by a fixed term sentence?

Answer 12

A fixed term sentence refers to sentences whereby the offender knows the amount of time that they are set to serve.

Question 13

Which aims of punishment does imprisonment attempt to meet?

Answer 13

1. Potentially deterrence - particularly for White Collar Criminals, potentially
2. Rehabilitation - dependent on the length of sentence that has been given and the programmes that are available.
3. Retribution - e.g. a loss of liberty - particularly mandatory minimum sentences.
4. Public Protection - the offender is detained and is unable to commit crimes whilst incarcerated.

Question 14

What is meant by a Community Sentence?

Answer 14

According to the sentencing council, Community Sentences combine punishment, with activities that are carried out in the community. This could include one or more, of 13 requirements on an offender.

Question 15

Give three examples of requirements that may be used in a Community Sentence.

Answer 15

300 hours of unpaid work, cleaning/removing graffiti, and drug treatment programmes.

Question 16

In 2016, what percentage of sentences did community sentences account for?

Answer 16

9% of all sentences were community sentences.

Question 17

What aims of punishment do community sentences meet?

Answer 17

1. Reparation - ensuring that the victim is paying back to the victim, or society, in one way or another. (e.g. unpaid labour, and cleaning/removing graffiti)
2. Rehabilitation - aiming to alter the mindset of the offender to prevent reoffending and return to being a law-abiding citizen. (e.g. drug treatment programmes which may tackle the reasons behind offending.)
3. Deterrence may also be involved as the idea of unpaid labour, or being seen by members of the public, may act as a deterrent.

Question 18

What is the most common criminal sentence?

Answer 18

Financial punishments.

Question 19

Which offences often warrant a financial punishment?

Answer 19

Driving and road traffic offences (e.g. speeding), minor offences of theft or criminal damage, and not having a TV license.

Question 20

What factors are considered when deciding on the amount of financial penalty?

Answer 20

The offender’s income and their ability to pay, and the severity of the offence(s).

Question 21

If the offence has caused harm to a victim, what payment could an offender be required to make?

Answer 21

A compensation payment, and payment towards the cost of the court hearing

Question 22

Which aims of punishment do financial sentences attempt to meet?

Answer 22

1. Potentially deterrence - if a fine is not paid, bailiffs may seize an offenders possessions, or if it is believed that an offender is deliberately not paying their fine, they may be sent to prison.
2. Potentially reparation - particularly if a compensation payment is required.
3. Financial sentences may also incorporate an element of retribution, however, this is entirely dependent on the amount that is required - if large enough sum of money.

Question 23

Give two examples of additional financial penalties.

Answer 23

The Victim Surcharge and the Court Tax.

Question 24

Outline what is meant by the Victim Surcharge.

Answer 24

The Victim Surcharge was introduced in the April of 2007, and is entirely dependent on the sentence, and the age of the offender. This involves a penalty which is applied to people who have been convicted of an offence and is a compensation to the victims.

Question 25

Outline what is meant by the Court Tax.

Answer 25

The Court Tax is a fee which is paid on top of fines, compensation, and the defendant’s own legal charges. This tax is means tested and starts at £150. However, convicted criminals could pay up to £1,200 towards the cost of a case in Court.

Question 26

How much money worth of Court fines have been written off because offenders could not be traced?

Answer 26

A quarter of a billion pounds worth of Court fines have been written off because the offender couldn’t be traced.

Question 27

Which two types of discharge punishments are available to the defendant.

Answer 27

Conditional discharge and Absolute discharge.

Question 28

What is meant by a conditional discharge?

Answer 28

If the defendant reoffends during a set period of time (up to three years), the courts have the right to impose a different sentence.

Question 29

What is meant by an absolute discharge?

Answer 29

No penalty is imposed as the defendant is guilty, but morally blameless.

Question 30

Which aims of punishment do discharges aim to meet?

Answer 30

Deterrence - conditional discharge aims to deter criminals from committing further crimes by using the fear of punishment as a deterrent - alternative sentence for the original offence, plus a second sentence for the reoffence - almost a ‘second chance’.

Absolute discharge - the lowest level of punishment that an offender could receive, and it is believed that the entire experience is sufficient deterrent.

Question 31

Which case study could be used when discussing conditional discharges?

Answer 31

R v. Varma.

Question 32

Outline the case study of R v. Varma.

Answer 32

Varma was convicted of being knowingly concerned in/involved with the fraudulent erasion of duty of goods. Varma bought a quantity of tobacco in the UK - without paying the relevant import duties. Varma received a 2-year conditional discharge; however, he also received a further penalty of a confiscation order of £1,500. This is often used when a defendant is believed to have gained financially from criminality. However, Varma appealed against this, and his case went to the Supreme court, where his confiscation order was quashed.