chapter 2 Flashcards
recap
What are factors in sentencing?
-Judges or magistrates will weigh up any aggravating or mitigating factors before sentencing
Aggravating=increases sentence
Mitigating=will reduce the sentence
In order to do this the court must know the details of the offence .
What are the 5 main factors in sentencing?
1.pre-sentence reports
2.medical reports
3.sentencing guidelines
4.guilty plea
5.the offenders background
What are pre-sentence reports?
-Prepared by the probation service for consideration by the court
-mainly relevant for community sentences
-The report will give information about the offenders background suitability for a community sentence
-it will show why they have committed the crime and why the sentence should be positive
What are medical reports?
-Where the offender has medical or psychiatric problems the court will ask for a report to be prepared by an appropriate doctor.
-Medical factors may be important in deciding on a sentence and how to deal with the offender in an appropriate way.
- The courts have special powers when the offender is suffering from a mental illness.
Sentencing guidelines
-The sentencing council was established in 2010 to bring greater consistency and transparency to sentencing practice. It has responsibility for..
1.developing sentencing guidelines and monitoring their use
2.assesing the impact of guidelines on sentencing practice
3.publishing information about sentencing practice in the Magistrates and Crown courts.
Judges and Magistrates are under duty to impose a sentence that follows these guidelines. They should only depart from these guidelines if it will bring better justice. This will help produce more consistent sentencing.
What are some aggravating factors that would increase a sentence?
-previous convictions for offences of a similar nature
-If the offender was on bail when the offence was committed
-Any racial or religious hostility was shown in the offence
-if the offender pleaded not guilty
-group crime
-the value of goods stolen in the case of theft
-in a case of assault whether the victim was young/elderly and if it was planned in advance
Name some Mitigating factors that would reduce a sentence
-No previous convictions
-showing genuine remorse
-Taking a minor part in the offence
-mental illness or a disability
-pleading guilty
How can a sentence be reduced for a guilty plea?
A guilty plea at the first reasonable opportunity should reduce the sentence by a third
If given after the trial is set then the sentence can be reduced by a quarter
if given after the trial has begun then the reduction can be given up to one tenth
How does the offenders background reduce a sentence ?
-previous convictions are treated as aggravating factors and include failure to respond to a sentence, the past record of the offender and if the offender was on bail when the offence was committed.
-If there are no previous convictions and the offence wasn’t committed while on bail, this will be treated as a mitigating factor
What are the 4 types of sentences?
1.custodial
2.community orders
3.Fines
4.Discharge
What is a custodial sentence?
The most serious punishment a court can impose and can range from weeks to life imprisonment.
There are four different types of custodial sentences which are …
-mandatory life sentences
-discretionary life sentences
-fixed-term sentences
-suspended sentences
The Criminal Justice Act 2003 says that the court must not pass a custodial sentence unless it of the opinion that the offence was so serious that neither a fine or a community sentence can be justified.
What are mandatory life sentences?
-the only sentence a judge can impose for a murder victim is a life sentence
-after imposing the mandatory life sentence the judge must set the minimum number of years that the offender must serve before being eligible for release on a license.
-Aggravating factors can increase the minimum years served such as the victim being vulnerable due to age or a disability.
-Mitigating factors include that the offender had the intention to cause GBH rather than to kill.
What are discretionary life sentences?
For the first commission of a serious offence such as manslaughter, rape or robbery, the maximum sentence set by statute is life imprisonment but the judge does not have to impose this. The judge has discretion in sentencing and can choose to give any sentence less than the maximum.
What are fixed - term sentences?
For other less serious crimes, the maximum length of the sentence will be again set by a statute -for a fixed term.
What is a suspended prison sentence?
-A suspended sentence of imprisonment is one where the offender will only serve the custodial period if there is a breach in one of the terms of the suspension.
-The idea is that the threat of prison during this period of suspension will deter the offender from committing further offences.
What are community orders?
-These can be imposed when the judge or magistrates do not think that the offence is serious enough to warrant imprisonment.
- The criminal justice act 2003 created one community order under which the court can combine any requirements they feel necessary. The judge or magistrate can mix and match sentences to fit the offenders needs.