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criminal courts sentencing Flashcards

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1
Q

what is a sentence

A

a sentence is the punishment given to defendant who has been convicted

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2
Q

factors of the sentence

A

1)the type of sentence depends on the type of offender and whether they are adult or youth offenders
2)the tariff(length) of the sentence is determined by the court also consider
-age
-the seriousness of the offence
-the likelihood of further offending

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3
Q

sentencing powers of the magistrate

A

-6 months in jail for 1 offence
-12 months jail for 2 offences
-£5,000 fine which has later been switched to unlimited

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4
Q

sentencing powers of the crown court

A

-unlimited fines
-life imprisonment(25 years)

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5
Q

under the S57 Sentencing Act 2020 what are the five aims of sentencing

A

1)retribution(punishment)
2)deterrence
3)protection from society
4)rehabilitation
5)reparation

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6
Q

explain punishment/ retribution giving its history

A

1) The offender broke the law and was found guilty
2) criminal law takes revenge against the offender on behalf of victims and society
3) the main issue is that punishment must be proportionate to the crime - “the just deserts theory”
its history:
1) based on the biblical principle ‘eye for an eye’
2) The basis of the agreement is for retaining the death penalty

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7
Q

explain the types of deterrence and its main problem

A

1)individual deterrence: when the individual offender is put off offending
2)general deterrence: aims to deter others by showing the community the potential –>courts impose this example sentence to try to increase the deterrence effect
3)the main problem: the main problem is with its effectiveness. it’s calculated based on the individual chances of getting caught

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8
Q

explain protecting the public explain the IPPS system and give an example

A

1) sentence is given to protect the public from the offender
e.g drunk driving is given a driving ban
2)protection is given through incarceration however it’s expensive
3)instead they use curfews, electronic tagging, bans, etc..
4)IPPS- for dangerous criminals whose crimes do not merit a life sentence

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9
Q

explain rehabilitation

A

1)the aim is to rehabilitate the offender so that they are less likely to commit offenses in the future, this can be done through education or training.
2)English system, C Elliott and F Quinn, 2008
- this is the reason the Sentencing Act 2020 offers community sentencing that can be tailored to meet an offender’s need.

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10
Q

explain reparation

A

reparation essentially means paying back to society what you have taken away- “restorative justice”

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11
Q

explain what IPPS are

A

1)they are minimum imprisonment rather than maximum-offender have a minimum amount of time they have to spend in prison but no maximum
2)from 2005, judges in England and Wales handed out the new king of life sentences for minor offenses.
3)however, intermediate sentences for public protection(IPPS) were found to breach human rights and were scrapped in 2012.
4)there are still 2,223 prisoners 9/10 who passed their tariff date.

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12
Q

what are 2 pros and cons of rehabilitative sentences

A

pros:
1)the court can help people
2)longer-term prisoners may not be released early until they have completed treatment
cons:
1)often those on short sentences spent too little time in prison to access help
2)the problem arises once they are released and have no job or prospects of money

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13
Q

explain maximum sentences

A

magistrates and judges are restricted by maximum sentences that are laid down by parliament in the statute covering the offense
e.g max sentence for theft I 7 years while for rape it is life

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14
Q

explain minimum sentences

A

1) The Crime Act 1997 introduced minimum sentences for both persistent offenders, drug declares and burglars
2) It also introduced an automatic life sentence for offenders convicted of a second serious or violent offense

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15
Q

explain presentencing reports

A

1)magistrates or judges have to consider a range of different factors regarding the offense and the offender
2)often a pre-sentence report will prepared by the probation service that will help with the decision to impose the most appropriate sentence

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16
Q

what are the factors surrounding the offense (part of the factors effecting the sentence given)

A

CjA 2003 states the factors are:
1)previous convictions for other similar offenses
2) whether the defendant was on bail when the offense was committed
3) whether there was any religious or racial element to the offense
4) whether there was any hostility to a disability or sexual orientation involved in the offense

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17
Q

explain the effect of a guilty plea (part of factors affecting the sentence given)

A

1)if the defendant pleads guilty at the first opportunity to do so, up to one-third will be deducted from their sentence.
2)if a defendant pleaded guilty once the trial has started then up to one-tenth discount will be deducted

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18
Q

explain the offender’s background (part of the factors effecting the sentence given)

A

1)if there are any medical or psychiatric issues involved in the offense the court will ask for the medical report before making a decision
2)if imposing a fine, the financial situation of the offender will need to be fully disclosed

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19
Q

explain sentencing guidelines(part of factors effecting sentence given)

A

1)used to be set by the court of appeal but they had to wait for a suitable base to come to the court.
2)sentencing advisory panel- was set up in 1998 to advise the court of appeal on guidelines.
3)coroners and Justice Act 2009- set sentencing council aims:
-consistency and transparency

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20
Q

explain the 5 main categories of sentence

A

1)custodial sentences
2)community sentences
3)suspended sentences
4)fines
5)discharges

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21
Q

explain custodial sentence (part of categories of sentencing)

A

custodial-most severe sentence available and is for the most serious of offenses.
S152 Criminal Justice Act 2003- custodial sentences are only available for those offenses that are ‘‘very serious’’ that not even a community sentence can justify it.
can range from a week in prison to a life sentence

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22
Q

explain community order (part of categories of sentencing)

A

community order - under the Criminal Justice Act 2003, there is now one community order to which the court can attach any combination of requirements that they think are necessary. e.g(unpaid work requirement or curfew requirement)

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23
Q

explain suspended sentence (part of categories of sentencing)

A

1)this is where the offender does not go to prison and has to comply, with conditions set out by the court. (period can be up to two years)
2)breach of conditions can result in the offender being sent back for the remainder of the sentence and the additional sentence for the new offense committed.

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24
Q

explain fines (part of categories of sentencing)

A

1)these are the most common sentences given to adults, these are mostly administered for minor offenses.
2) The magistrate can impose a maximum fine of £5000 or up to £20,000 on business-related issues
3) The crown has no limit on the fine that it can impose

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25
Q

explain discharges (part of categories of sentencing)

A

1)absolute discharge - if the court feels that the offender has received enough punishment that means the court discharged the offender with no further punishment.
conditional discharge- offender will receive no punishment on the condition that they do not re-offend for a specific period up to three years(if they re-offend, they can continue to impose another sentence)

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26
Q

explain sentencing youth offenders

A

1)the age of criminal responsibility is 10
2)offenders aged 10-17 are dealt with differently from adults, they are tried in youth courts unless the crime is so serious it’s tried in crown court.
3)youths can be tried in crown court if they are tried alongside an adult

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27
Q

through what case did the role of youth court consolidate? state and explain the case

A

1)Thompson and Venables UK 1999
2)ECTHR upheld complaints by the boys convicted of the murder of Jamie Bulger that their trial in the crown court violates their right to a fair trial.
3)the ECtHR ruled the trial of a young person should be held in a courtroom in which everyone is on the same level and defendants can stay with their families.

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28
Q

other roles of the youth courts

A

1) Young adults entitled to appropriate adults to be with them (PACE 1984)
2)more informal

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29
Q

explain the 2017 overarching principles

A

1)the overarching principles - where sentencing youth have been updated and came into force on June 1st
2)this stated: that sentencing a young offender must be aware of obligations under a range of international conventions which emphasise the importance of avoiding the “criminalisation” of young people.
3) The intention is to establish responsibility and promote re-integration rather than imposing retribution.

30
Q

state all 3 methods for pre-court sentencing

A

1)youth restorative disposal
2)youth caution
3)youth conditional caution

31
Q

explain youth restorative disposal( pre-court sentencing)

A

1)used for 10-17 year olds who committed crimes
2) The offender must admit to fault and there has to be the option for them to apologize or put right the harm they have caused.

32
Q

explain youth caution( pre-court sentencing)

A

1)introduced by Legal Aid, Sentencing and Punishment of Offenders Act 2012 in April 2013, to replace police reprimands and finally warnings

33
Q

explain youth conditional caution( pre-court sentencing)

A

1)for a more serious first offense or a subsequent offense.
2)it is a caution with conditions attached to it that the young person must adhere to.

34
Q

explain youth rehabilitation orders and the act it involves (youth sentences)

A

1)the criminal justice and immigration act 2008
2)their types of community sentence imposed by the court- a flexible order is designed to reduce re-offending and the number of youths in custody
3)lasts for max 3 years
4)supervision is carried out by the youth offending team
5)Youth offender is given a case worker to support them

35
Q

explain youth fines and the issues they cause (youth sentences)

A

1)reflects the offender’s ability to pay
2) the maximum fine that can be given to someone under 14 is £250. if the youth I over 13 and under 18, the maximum fine is £1000
3)parents/guardians usually pay the fine
4)issue: the offender doesn’t take responsibility.

36
Q

explain the types of discharges(youth sentences)

A

1) The unconditional discharge court feels the offender has received enough punishment so they discharge them.
2) conditional discharge: they will receive no punishment for up to 2 years.

37
Q

explain referral order(youth sentences)

A

1)given for a first offense when the offender pleads guilty. The youth offender will be referred to the Youth offender panel which will create a contract that will last 3-12 months, aiming to address the causes of the offending behavior and allowing the young offender to repair any damage they have caused

38
Q

explain parenting order(youth sentences)

A

1)these can be given to parents for up to a year.
2)intended to support the parents in dealing with the child’s behavior.
3)if parents breach the order they will be fined £1000
4)the aim is to prevent re-offending and an order will be granted if the court is satisfied that it helps prevent further crime.

39
Q

explain secure children’s home(youth sentences)

A

1)run by local authorities and social services
2)ranges from 12-14 year olds, but will take vulnerable boys and girls up to 16 years old.
3)they cater to the physical, emotional, and behavioral needs of the children.

40
Q

explain training centers(youth sentences)

A

1)run by private companies under strict conditions.
2)provide secure accommodation up to 17 years old.
3)focus on providing appropriate education and rehabilitation to prevent re-offending and have a high number of staff per offender to meet the objective
4)however, guards abuse young offenders at private centers, and some guards don’t have skills or qualifications.

41
Q

explain youth offender institutions(youth sentences)

A

1)run by the prison service and private companies
2)provide secure accommodation for 15-21 year old
3)these have shown to be abusive and dangerous as an offender-to-staff ratio in these institutions is higher than in other forms of accommodation

42
Q

what are the three out-of-court disposals for adult offenders

A

1)penalty notice for disorder
2)caution
3)conditional caution

43
Q

explain penalty notice for disorder and the act it’s under(out-of-court disposals)

A

1)criminal justice and police act 2001
2)a fixed penalty given to offenders who have committed one of 24 minor offenses such as theft from shops, minor criminal damage, dropping litter, or possession of cannabis.
3)once served, an offender must pay the penalty or elect to go to court within 21 days.

44
Q

explain the effectiveness of penalty for the disorder (out-of-court disposals)

A

1)exploitation of fines offers minor misdemeanor or perfectly innocent behavior. so they are prone to corruption
2) levels of fines fluctuate in direct response to targets and financial incentives.

45
Q

explain caution (out-of-court disposals)

A

1)simple caution may be issued where there is evidence that the offender has committed an offense, the offender admits to the offense, it is not in the public interest to prosecute and the offender agrees to be given the caution.

46
Q

what areas of life may be affected by a caution (out-of-court disposals)

A

1)Employment
2)education
3)travel

47
Q

What are the cautions disclosed (out-of-court disposals)

A

1)under basic criminal records checks
2)under standard and enhanced DBS checks

48
Q

explain conditional caution (out-of-court disposals)

A

1)this caution has certain conditions or restrictions attached to it, such as drug rehabilitation or to fix damage caused

49
Q

list all types of court disposals

A

1)absolute discharge
2)condtitional discharge
3)fine
4)suspended sentence order
5)community order(S201 sentencing act 2020)

50
Q

explain conditional discharge (court disposals)

A

usually used with first-time offenders, where punishment is not seen to be necessary. offender will not be punished for the offense for a specific period if they commit no further offense in that time.

51
Q

explain absolute discharge (court disposals)

A

courts can decide that the offender does not need any formal punishment even though they have committed an offense

52
Q

explain fines (court disposals)

A

1) The Legal Aid, sentencing, and Punishment of Offenders Act 2012 abolished the maximum fine for magistrates which was £5,000. magistrates can now impose a fine for more serious offenses “of any amount”

53
Q

problems with fines (court disposals)

A

1)some offenders simply cannot pay them so they cannot escape punishment and are therefore sent to prison.

54
Q

explain discharge by unpaid work (court disposals)

A

1)under courts act 2003- fines are discharged by unpaid wor.
2)discharged fines by unpaid work state that regulation 2004 states that they will be paid £6 for unpaid work
3)reduced amount of fine defaulters

55
Q

explain the suspended sentence order (court disposals)

A

1) S286 Sentencing Act 2020- a custodial sentence can be suspended
- a sentence can be suspended between 6 months and 2 years
-offender may take activities within the community
-if the offender breaks suspension, then the sentence is activated

56
Q

explain community sentences (court disposals)

A

home office statistics show that 56% of offenders who received community sentences re-offend within 2 years.

57
Q

explain custodial sentence (court disposals)

A

1) the court should not pass a custodial sentence unless it concludes that the crime was so serious it could only be custodial to justify the crime

58
Q

explain determinate sentence (court disposals)

A

1) The court fixes the amount of time in custody
2) The length of sentence given Is the maximum as the offender will not serve all of it

59
Q

explain indeterminate sentence (court disposals)

A

1)courts set a minimum time in prison before being eligible to consider the offender ready to be released

60
Q

what are the three types of life sentences (court disposals)

A

1)imprisonment for life
2)mandatory life sentence
3)whole life orders

61
Q

explain imprisonment for life (court disposals)

A

1) under S321 Criminal Justice Act 2003, it is decided by
-the offender being convicted of a serious crime
-offender posing a risk to the public
-the max is a life sentence
-court considers the seriousness of the offense

62
Q

explain the mandatory life sentence (court disposals)

A

1)offenders who have been found guilty of murder. can be considered for release by the parole board, though they will be on license for the rest of their lives.
2) Legal Aid, Sentencing and Punishment Act 2012 -introduced “two-strike policy” –>mandatory life sentence will be given to second serious sexual or violent crime offenders

63
Q

explain whole-life orders (court disposals)

A

1)given only to the most serious or persistent offenders
2)prisoners can only be released on compassionate grounds with permission of the secretary of state.
3)PCSC atc 2022 –> said whole life sentences should be given to premeditated murder of a child

64
Q

explain what happened in Vinter v UK 2013 (court disposals)

A

1)involved three prisoners in the UK who challenged their life sentences arguing the absence of a clear mechanism for the violation of Article 3 of ECHR
2)outcome–> ECHR ruled in favor of the applicants since it stated the lack of a clear system and inhuman treatment occurred
3)they were allowed for rehabilitation and potential release.

65
Q

state all 7 other types of sentences

A

1)extended sentences
2)home detention curfew
3))driving disqualification
4)compensation and restitution orders
5)confiscation and civil recovery orders
6)deferred sentences
7)mental health orders

66
Q

explain extended sentences

A

1) It is for specified violent or sexual offenses where an additional period will be added to the sentence and where the offender is on license in the community.
2)the extension period to exceed 5 years for violent offenses or 8 years in the case of sexual offenses

67
Q

explain the home detention curfew

A

1)introduced by Crime and Disorder Act 1998,(contained on the CJA 2003
2)when the offender is released early, a curfew requirement will frequently be attached to the release conditions.

68
Q

explain driving disqualification

A

1)can be given for certain driving offenses, commonly drunk driving

69
Q

explain compensation and restitution orders

A

1) the court can order the offender to compensate the victim or return the property to them.
2)injunctions to prevent gang-related violence policing and crime court act 2009
3)criminal behavior order–>the anti-social behavior, crime and policing act 2014

70
Q

explain confiscation and civil recovery and give an example

A

1) Under Crim Act 2003:
2)gives the power to confiscate property.
3) The act allows for the suing of civil recovery of the proceeds of criminal conduct, even where a person has not been convicted
e.g. R V May 2008 - confiscation order should deprive defendants of the benefit they gained from the criminal conduct within the limits of their available means.

71
Q

explain deferred sentences

A

1)if the offender’s circumstances are going to change which may change their behavior, the court has the curt to defer the sentence by up to 6 months. the offender has to agree to this. and doesn’t mean lighter sentences or escaping conviction

72
Q

explain mental health orders

A

1)under Mental Health Act 1983–> crown court can order the detention of offenders in a hospital on conviction of an imprisonable offense, if they are suffering from a mental disorder
2)the order can only be made if the court considers such an order the most suitable way of dealing with the offender.

English Legal system (3 decks)

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