Criminal Justice System & sentencing Pt.2: Lesson 26 Flashcards
What is the Judicial Role in sentencing?
- Operate within sentencing limits for specific offence, guidelines & discretion
- Needs to be consistency to ensuring public confidence
What are the aims of sentencing?
- Rehabilitation
- Prevention of crime
- Retribution: revenge based on eye of an eye
- Deterrence: discouraging the action by instilling fear
What are the purposes of sentencing ?
- Punishment
- Reduction of crime
- Reform & Rehabilitation
- Protection of public
- Reparation by offenders
Key points on punishment
- Making sure punishment is proportionate offence committed
- Previously punishment for murder was death penalty
- Retribution now is based on idea that each offence should have a level of
Key points on reduction of crime
- Deterrence aimed at preventing reoffending
- Custodial sentences don’t deter with 55% of adults reoffending within 2yrs and 70% for youth offenders
Key points on Reform/ Rehabilitation
- Looks at cause of crime
- Important for young offenders
- Prevents reoffending and seeks to integrate them back into society
Key points on protection of the public
- Prevent people from commiting crime
- Protects public exposure to crime
- Can’t reoffend in prison
- Keeping people in prison is costly
Key points on reparations
- Aimed at compensating victims by ordering
1) Pay sum of money
2) Return stolen property
3) Give understanding & opportunity to ask questions
4) Enabling victim to move on
What are the range of sentences?
- Custodial
- Community Order
- Fines
- Discharge
Key facts on custodial sentences
- Must not be passed unless offences is so serious neither a fine nor community sentence can be justified
Key facts on community orders
- 6months - 3 years
- Conditions placed on order e.g prohibited activities, residency requirement, attendee at probation centre & drug assessments
- Can include unpaid work
Key facts on fines
- Financial Penalty
- Some offences have fine limits
- Defendants means need to be take into account
Key facts on discharge
- Doesn’t count as conviction
- Two types
1) Absolute: court takes no further action but it will be on DBS check
2) Conditional - If other crime is committed they can be sentenced for 1st & 2nd offence
What are factors affecting sentencing?
Criminal Justice Act 1991
- Principle of proportionality
- Judges consider level of harm caused, mens rea, and blameworthiness of offender
What is a pre-sentencing report?
A document prepared by a probation officer that provides court with information about defendants background, circumstances and potentially rehabilitation
What is the sentencing council?
- Role is to issue guidelines on sentencing which courts must follow
- Independent, non-departmental public body of the Ministry of Justice
What are aggravating factors?
- Previous convictions for similar offence
- Racial religious hostility
- Comitted when on bail
- Abuse of position
What are mitigating factors?
- First offence
- Co-operative with police
- Very old or very young
- Expressing remore
