English Legal System: Sentencing Flashcards
What does section 142 of the Criminal Justice Act 2003 set out?
It sets out the purposes of sentencing for those aged 18 or over. It says that a court must have regard to…
the punishment of offenders
the reduction of crime
the protection of the public
What is retribution? (aim of sentencing)
Imposing a punishment because the offender deserves it.
What does the Sentencing council do?
produces guidelines on sentencing for the judiciary and criminal justice professionals and aims to increase public understanding of sentencing.
What is deterrence? (aim of sentencing)
Giving a punishment aimed at putting off the defendant from re offending because of the fear of punishment.
What are examples of individual deterrence?
Prison sentence
heavy fine
a suspended sentence
What percent of adult prisoners reoffend within two years of release?
55%
What is an example where deterrent sentencing was used?
Following the rioting in the summer of 2011, many offenders were given custodial sentences for relatively minor theft during the looting.
This was to send a clear message that offenders committing offences during riots would be given severe sentencing.
What is rehabilitation? (aim of sentencing)
Trying to alter the offender’s behaviour so that they will conform to community norms and not offend in the future.
Give examples of how the public could be protected.
Dangerous drivers disqualified from driving.
Imprisonment
impose curfews monitored by an electronic tag
What are reparations?
When an offender compensates the victim or society for the offending behaviour
What is denunciation?
Expressing society’s disapproval of an offender’s behaviour.
What are the four types of custodial sentencing?
Mandatory life.
Discretionary life.
Fixed term.
Suspended
What is a mandatory life sentence?
The only sentence that can be imposed for a charge of murder,
and the judge must state the minimum number of years to be served before being eligible for release on licence.
What is a discretionary life sentence?
When the judge has discretion in sentencing and can give any lesser sentence where appropriate.
What is a fixed term sentence?
Imprisonment for a set time.
What is a suspended prison sentence?
When the sentence does not take place immediately.
If the offender commits another offence, then the prison sentence is activated and the offender will serve it in addition with the sentence for the new offence.
What are the four main types of adult Sentences?
Imprisonment.
Community Service.
Fines.
Discharges.
When deciding a sentence, what do the courts consider?
The offence
Sentence guidelines
The offender’s background
Give examples of aggravating factors.
Previous convictions
If the defendant committed the crime whilst on bail
Racial or religious hostility being involved in the offence
If the offence was premeditated
Give examples of mitigating factors.
Mental illness of the defendant
If the defendant has no previous convictions
Evidence of remorse
A guilty plea
How much will the judge reduced the defendant sentence if they pleaded guilty…
… at first reasonable opportunity?
… after the trial has begun?
… at first reasonable opportunity? Up to 1/3
… after the trial has begun? Up to 1/10
