L4-7 Sentencing Flashcards
What Act lays out the aims of sentencing adult offenders
s.57 Sentencing Code 2020
What are the 5 aims of sentencing
Retribution
Deterrence (Societal and individual )
Rehabilitation
Incapacitation - Protection
Compensation
Does Deterrence Work - evidence
83% reduction in Crime on District line TfL after CCTV
Compensation - statutory law
s.130 Powers of the Criminal Courts Act 2000 duty to issue compensation order along with other punishment
What Act sets out factors to consider when sentencing
s.143 CJA 2003
What factors are to be considered when D is sentenced
Seriourness
harm
Level of blame
Personal circumstances
Pleaded guilty or not
Aggravating factos
Previous findings of guilt
Religious or racial element
Discrimination
Mitigating Factors
Provocation
Single Blow
Remorse
Early guilty plea
Magistrates Sentencing Powers
6 months prison
£5000 fine
Unlimited in Level 5 cases
Out of Court disposals
Chapter 7 LAPSO 2012
- Penalty notices
- Conditional Cautions
Community sentence
Crime and Courts Act 2013
- 13 possible requirements
drug program
curfew
unpaid work (up to 300hrs)
etc
Custodial sentences
Determinate
Mandatory Life
Whole Life Order
Extended Determinate sentences
Two strikes life
Extended Determinate
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
Two strikes Life + Act
LAPSO 2012
if D committed a second sexual or violent offence where’d they would be given 10 or more years there given life
Court disposals
Absolute discharge
Conditional Discharge (let off if reoffend sentenced for both)
Fine
Suspended sentence - up to 2yrs while doing requirements
What does the Sentencing Code say the courts duties are when sentencing a child offender
Prevent reoffending
Welfare of the child
Which act governs child sentencing
Sentencing children and young people guidelines 2017
What does the Sentencing children and young people guidelines 2017 say is the aims
Rehabilitation
Address underlying factors
Encourage young people to take responsibility
promote re-integration
understand impact of their actions
Parental responsibility when it comes to court
If under 16 - Statutory requirement to attend
If over down to judge
Statutory aggravating factors (Child)
Previous findings of guilt
Committed on bail
Motivated by discrimination
Mitigating Factors (Child)
No previous convictions
Remorse
previous good charecter
in education or work
Reparation Order
s.73 Powers of the Criminal Courts Act 2000. Child must make reparation to victim or communtiy
Financial Order (Child)
Fine
Must consider Childs financial situation (School travel money)
If under 16 parents must pay
Over 16 discretionary
Referral order (Young offender)
From of restorative justice - contract between young offenders panel, the offender and their parents and the victim to address offending behaviours
When can a Custodial sentence be used (Child)
Offence is of such seriousness and intensive surveillance wouldn’t work
Detention Training Order
Half in custody other half under supervision of youth offending team
Long term detention (Act)
S.250 sentencing code 2020
If DTO is not suitable
When can a child be sentenced to Detention for Life
Last resort used only when court considered the seriousness, level of danger to public and alternative sentences available
Detention at His Majesty’s Pleasure
Mandatory sentence for any young person found guilty of murder
Starting Point is 12 years
Child Safety Orders
Apples to children under 10
s.11-13 Crime and Disorder Act 1998
Child placed under supervision of Youth offending team
Parenting Order
Given to any parent who’s child plays truant or have been subject to a court order.
s.8 Crime and Disorder Act 1998
