criminal court powers and sentencing of adult offenders Flashcards
maximum sentencing powers of magistrates
- NO MAX FINE
- one offence- 6 months
- 2 offences- 12 months
maximum sentencing powers of judges in CC
-5 years imprisonments and/or fine (no max)
aim of punishment
-offenders provide remedies to their victims or community, so can be compensation or community service
aim of deterrence (individual and general)
individual- putting individuals off re-offending again
general- putting general public off committing crimes
aim of rehabilitation
reform offender, make them less likely to perform crimes again
(difficult in overcrowded prisons)
aim of public protection
aimed at preventing offender from harming public (achieved by custodial sentence, prison is expensive)
aim or reparation
making amends for offence or harm done, give back to community
aggravating factors magistrates or judges take into account when sentencing
- vulnerable victim
- previous conviction
- breach of position of trust
- use of weapon
- racially motivated/ gangs
mitigating factors magistrates or judges take into account when sentencing
- young defendant
- no previous convictions
- early guilty plea (up to a third decreased)
- showed remorse
- attempts to compensate victim