CRIMINAL COURTS AND LAY PEOPLE -Sentencing 8 Markers PAPER 1

Question 1

Explain the different types of sentencing

Answer 1

4 types- custodial sentences, community orders, fines and discharges

Question 2

Explain custodial

Answer 2

.Means going to prison. Sentencing act 2020 shows these should only be used when other sentences would be insufficient
. Different types eg murder would be mandatory life sentence where judge sets Min tariff before D can be released on licence
. Fixed term sentences - D given set time to serve then usually released on parole
. Suspended sentences- D serves outside of prison but will serve in prison if they re offended within that time.

Question 3

Explain community orders

Answer 3

Can be ordered to do unpaid work, attend a rehabilitation session, stay at a particular residence or have a curfew imposed

Question 4

Explain fines

Answer 4

.Less serious crimes often summary offences
. Paying money to state. Since 2015 there is no max limit but often unpaid work could be ordered to pay off a fine instead

Question 5

Explain discharges

Answer 5

D is released and receives no formal punishment
2 kinds- conditional: d will avoid prison provided they do not re offend within 3 year period
Absolute: where d is found guilty of a crime but is considered morally blameless and not deserving of punishment