criminal court powers and sentencing of adult offenders Flashcards

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1
Q

maximum sentencing powers of magistrates

A
  • NO MAX FINE
  • one offence- 6 months
  • 2 offences- 12 months
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2
Q

maximum sentencing powers of judges in CC

A

-5 years imprisonments and/or fine (no max)

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3
Q

aim of punishment

A

-offenders provide remedies to their victims or community, so can be compensation or community service

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4
Q

aim of deterrence (individual and general)

A

individual- putting individuals off re-offending again

general- putting general public off committing crimes

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5
Q

aim of rehabilitation

A

reform offender, make them less likely to perform crimes again
(difficult in overcrowded prisons)

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6
Q

aim of public protection

A

aimed at preventing offender from harming public (achieved by custodial sentence, prison is expensive)

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7
Q

aim or reparation

A

making amends for offence or harm done, give back to community

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8
Q

aggravating factors magistrates or judges take into account when sentencing

A
  • vulnerable victim
  • previous conviction
  • breach of position of trust
  • use of weapon
  • racially motivated/ gangs
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9
Q

mitigating factors magistrates or judges take into account when sentencing

A
  • young defendant
  • no previous convictions
  • early guilty plea (up to a third decreased)
  • showed remorse
  • attempts to compensate victim
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