AC 2.3 - Punishment and Sentences Flashcards
What are the four forms of punishment?
Imprisonment, Community, Financial and Discharge.
Give a summary of the types of imprisonment punishments that are available.
Mandatory and discretionary life sentences, fixed term and indeterminate sentences, and suspended sentences
Give a summary of the types of community punishments that are available.
Unpaid labour, curfews, drug treatment programmes and testing, and supervision (probation).
What do financial punishments depend on?
The financial circumstances of the offender, and the seriousness of the offence(s) committed.
Give a summary of the types of discharge punishments that are available.
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.
What is the most serious punishment available to our Courts?
A life sentence - imprisonment.
For murder, what is the mandatory minimum sentence?
A life sentence.
On average, how long do offenders with a life sentence spend in prison?
On average, offenders with a life sentence spend about 16 years in custody. This increase from 13 years in 2001.
What are indeterminate sentences?
Indeterminate sentences refer to sentences where there is no specific release rate. Often, these were used for dangerous offenders.
With an indeterminate sentence, who decides the release date of the offender?
The parole board will decide when the offender should be released.
When were indeterminate sentences abolished?
Indeterminate sentences were abolished in 2012.
What is meant by a fixed term sentence?
A fixed term sentence refers to sentences whereby the offender knows the amount of time that they are set to serve.
Which aims of punishment does imprisonment attempt to meet?
- Potentially deterrence - particularly for White Collar Criminals, potentially
- Rehabilitation - dependent on the length of sentence that has been given and the programmes that are available.
- Retribution - e.g. a loss of liberty - particularly mandatory minimum sentences.
- Public Protection - the offender is detained and is unable to commit crimes whilst incarcerated.
What is meant by a Community Sentence?
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.
Give three examples of requirements that may be used in a Community Sentence.
300 hours of unpaid work, cleaning/removing graffiti, and drug treatment programmes.
In 2016, what percentage of sentences did community sentences account for?
9% of all sentences were community sentences.
What aims of punishment do community sentences meet?
- 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)
- 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.)
- Deterrence may also be involved as the idea of unpaid labour, or being seen by members of the public, may act as a deterrent.
What is the most common criminal sentence?
Financial punishments.
Which offences often warrant a financial punishment?
Driving and road traffic offences (e.g. speeding), minor offences of theft or criminal damage, and not having a TV license.
What factors are considered when deciding on the amount of financial penalty?
The offender’s income and their ability to pay, and the severity of the offence(s).
If the offence has caused harm to a victim, what payment could an offender be required to make?
A compensation payment, and payment towards the cost of the court hearing
Which aims of punishment do financial sentences attempt to meet?
- 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.
- Potentially reparation - particularly if a compensation payment is required.
- 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.
Give two examples of additional financial penalties.
The Victim Surcharge and the Court Tax.
Outline what is meant by the Victim Surcharge.
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.
