criminal court powers and sentencing

Question 1

sentencing

Answer 1

any punishment given to an offender who has been convicted

Question 2

aims of sentencing

Answer 2

s142 criminal justice act 2003
1. retribution/punishment
2. deterrence
3. general deterrence
4. reform/rehabilitation
5. protection of the public
6. reparation
7. denunciation

Question 3

retribution/punishment

Answer 3

idea that offender deserves the punishment
judge is only concerned with the offence and the punishment of committing the crime
used to justify the death penalty

Question 4

deterrence

Answer 4

intended to ensure that the offender doesn’t reoffend through fear of future punishment

Question 5

general deterrence

Answer 5

court makes an example punishment to warn any potential offenders
rioting in 2011

Question 6

reform/rehabilitation

Answer 6

forward looking aim with the hope that the offender doesn’t re offend
usually given a community order

Question 7

protection of the public

Answer 7

allows for extended sentences for those that are a risk to the pubic
exclusion order/community order - banning from certain public places
curfew orders

Question 8

protection of the public
case

Answer 8

R v Winkler 2004
banned from town center on match days and banned from 1/2 mile of any football stadium for 6 years

Question 9

reparation

Answer 9

returning property stolen, paying money to the V as restitution
bring the V and offender together so O can apologise directly

Question 10

denunciation

Answer 10

society expressing disapproval of the crime - shows citizens that justice is being done
reinforces moral boundaries of acceptable conduct

Question 11

types of sentences

Answer 11

custodial
community

Question 12

custodial sentences

Answer 12

only to be used where the crime is “so serious that neither a fine nor community sentence can be justified”
- range from a few weeks to life imprisonment
- mandatory and discretionary sentences
- fixed term sentences
- custody plus
- suspended sentences

Question 13

community sentences

Answer 13

available for anyone over 16
judges can choose one or a combination of the following:
- unpaid work
- prohibited activity
- programme
- curfew
- exclusion
- residence
- mental health treatment
- drug rehab
- alcohol rehab
- supervision - probation officer

Question 14

fines

Answer 14

least serious
most common
amount depends on the severity of the crime

Question 15

conditional discharge

Answer 15

can release the offender on the proviso that no other offences are committed during a set period
if conditions are broken then offender has to serve original and new sentence
used in magistrates courts for first time minor offenders

Question 16

absolute discharge

Answer 16

offender is still convicted of the crime but there is no punishment given
courts decide that being brought in front of a judge is enough

Question 17

aggravating factors

Answer 17

previous convictions for similar offences
d was already on abil when committing the new offence
racially motivated
shows hostility to disabilities or sexual orientation
part6 of a group
vulnerable victim
victim is serving the public
assault was premeditated

Question 18

mitigating factors

Answer 18

police cooperation
mental illness - D
physical illness - D
no previous convictions
genuine remorse