L4-7 Sentencing

Question 1

What Act lays out the aims of sentencing adult offenders

Answer 1

s.57 Sentencing Code 2020

Question 2

What are the 5 aims of sentencing

Answer 2

Retribution
Deterrence (Societal and individual )
Rehabilitation
Incapacitation - Protection
Compensation

Question 3

Does Deterrence Work - evidence

Answer 3

83% reduction in Crime on District line TfL after CCTV

Question 4

Compensation - statutory law

Answer 4

s.130 Powers of the Criminal Courts Act 2000 duty to issue compensation order along with other punishment

Question 5

What Act sets out factors to consider when sentencing

Answer 5

s.143 CJA 2003

Question 6

What factors are to be considered when D is sentenced

Answer 6

Seriourness
harm
Level of blame
Personal circumstances
Pleaded guilty or not

Question 7

Aggravating factos

Answer 7

Previous findings of guilt
Religious or racial element
Discrimination

Question 8

Mitigating Factors

Answer 8

Provocation
Single Blow
Remorse
Early guilty plea

Question 9

Magistrates Sentencing Powers

Answer 9

6 months prison
£5000 fine
Unlimited in Level 5 cases

Question 10

Out of Court disposals

Answer 10

Chapter 7 LAPSO 2012
- Penalty notices
- Conditional Cautions

Question 11

Community sentence

Answer 11

Crime and Courts Act 2013
- 13 possible requirements
drug program
curfew
unpaid work (up to 300hrs)
etc

Question 12

Custodial sentences

Answer 12

Determinate
Mandatory Life
Whole Life Order
Extended Determinate sentences
Two strikes life

Question 13

Extended Determinate

Answer 13

LAPSO 2012
Where D poses a significant risk to the public and has previously committed a serious sexual or violent crime and were sentenced to a minimum of 4yrs

Question 14

Two strikes Life + Act

Answer 14

LAPSO 2012
if D committed a second sexual or violent offence where’d they would be given 10 or more years there given life

Question 15

Court disposals

Answer 15

Absolute discharge
Conditional Discharge (let off if reoffend sentenced for both)
Fine
Suspended sentence - up to 2yrs while doing requirements

Question 16

What does the Sentencing Code say the courts duties are when sentencing a child offender

Answer 16

Prevent reoffending
Welfare of the child

Question 17

Which act governs child sentencing

Answer 17

Sentencing children and young people guidelines 2017

Question 18

What does the Sentencing children and young people guidelines 2017 say is the aims

Answer 18

Rehabilitation
Address underlying factors
Encourage young people to take responsibility
promote re-integration
understand impact of their actions

Question 19

Parental responsibility when it comes to court

Answer 19

If under 16 - Statutory requirement to attend
If over down to judge

Question 20

Statutory aggravating factors (Child)

Answer 20

Previous findings of guilt
Committed on bail
Motivated by discrimination

Question 21

Mitigating Factors (Child)

Answer 21

No previous convictions
Remorse
previous good charecter
in education or work

Question 22

Reparation Order

Answer 22

s.73 Powers of the Criminal Courts Act 2000. Child must make reparation to victim or communtiy

Question 23

Financial Order (Child)

Answer 23

Fine
Must consider Childs financial situation (School travel money)
If under 16 parents must pay
Over 16 discretionary

Question 24

Referral order (Young offender)

Answer 24

From of restorative justice - contract between young offenders panel, the offender and their parents and the victim to address offending behaviours

Question 25

When can a Custodial sentence be used (Child)

Answer 25

Offence is of such seriousness and intensive surveillance wouldn’t work

Question 26

Detention Training Order

Answer 26

Half in custody other half under supervision of youth offending team

Question 27

Long term detention (Act)

Answer 27

S.250 sentencing code 2020
If DTO is not suitable

Question 28

When can a child be sentenced to Detention for Life

Answer 28

Last resort used only when court considered the seriousness, level of danger to public and alternative sentences available

Question 29

Detention at His Majesty’s Pleasure

Answer 29

Mandatory sentence for any young person found guilty of murder
Starting Point is 12 years

Question 30

Child Safety Orders

Answer 30

Apples to children under 10
s.11-13 Crime and Disorder Act 1998
Child placed under supervision of Youth offending team

Question 31

Parenting Order

Answer 31

Given to any parent who’s child plays truant or have been subject to a court order.
s.8 Crime and Disorder Act 1998