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responses to crime MCQs > lecture 3.1 - sentencing > Flashcards

lecture 3.1 - sentencing Flashcards

1
Q

what two types of criminal courts are there?

A
  • magistrates courts
  • crown courts
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2
Q

key facts about magistrates courts

A
  • all cases begin here
  • 3 magistrates or 1 stipendiary
  • decide on bail and remand
  • decide factual innocence or guilt
  • limited sentencing powers
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3
Q

what percentage of cases end in magistrates courts?
what types of offences?

A

95%
summary and triable either way offences

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4
Q

how many magistrates in magistrates courts?

A

3 magistrates or 1 stipendiary

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5
Q

key facts about crown courts

A
  • jury of 12 decide factual innocence or guilt
  • sentence passed by judge
  • sentence referrals from magistrates
  • decide appeals from magistrates
  • remand
  • conviction
  • sentence
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6
Q

what percentage of triable either way and indictable offences occur in crown court ?

A

5%

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7
Q

how many in jury in crown courts?
what does the judge do?

A

12
sentence passed by the judge

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8
Q

3 types of crown court judges

A
  • recorder judges
  • circuit judges
  • high court judges
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9
Q

what is the 3 step decision process for principles of sentencing?

A
  1. purpose
  2. type of sentence
  3. how much?
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10
Q

what does the criminal justice act 2003 s142 state?
5 principles of sentencing

A

court must have regard to the following purposes of sentencing:
- punishment of offenders
- reduction of crime
- reform and rehabilitation of offenders
- protection of the public
- making reparation by offenders

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11
Q

what 3 other factors influence sentencing?

A
  1. statutes: maximim and minimum terms
  2. judgements of appellate courts
  3. pre cons
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12
Q

what is non consequentialist ?

A

the rightness of an action is not solely determined by its consequences

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13
Q

what is consequentialist?

A

the right act which has the best consequences

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14
Q

what principles of sentencing are in ss 143-146 CJ act 2003

A
  • aggravating factors
  • mitigating factors
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15
Q

what are aggravating factors?

A
  • previous convictions
  • offended on bail or licence
  • motivated by victims disability, race, sexuality, religion
  • planned offence
  • influence of alcohol or drugs
  • abuse of position of trust/ vulnerable victim
  • committed with others
  • multiple victims
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16
Q

what are mitigating factors?

A
  • previous good character
  • greater degree of provocation than normally expected
  • mental illness or disability (capacity)
  • youth or age where it affects the responsibility of the defendant (capacity)
  • in treatment for alcohol/ drugs
  • minor role in the offence
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17
Q

what does sentencing act 2020 s 73 state

A

guilty pleas

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18
Q

how many convictions and crime did jordan mcsweeney commit before 2006?

A

28 previous convictions
69 crimes

19
Q

what are non custodial sentences - definition?
examples

A

sentences that do not include imprisonment
examples:
- discharges
- financial penalties
- community penalties

20
Q

percentage of discharges in noncustodial sentences?

A

8%

21
Q

percentage of fines in non custodial sentences?

A

65%

22
Q

percentages of community penalties in non custodial sentences?

A

14%

23
Q

percentage of other non-custodial sentences that aren’t discharges, fines, community penalties?

A

1%

24
Q

what 2 types of discharges?

A
  1. absolute: inexpedient to inflict punishment (no further action)
  2. conditional (offender released and offence registered)
25
Q

what financial penalties are there?
what is the most common in MC?

A

fine is the most common in MC
- statutory maximums for offence type

compensation for victim
- victim surcharge

26
Q

what community penalties are there under the community order CJA 2003 s 177?

A

-supervision by probation
- curfew/ prohibited areas - electronic monitoring
- unpaid work -community payback
- programme of rehabilitation and/ or treatment for addiction

27
Q

what does community threshold s 148 state?

A

lesser punishment not appropiate

28
Q

what 2 types of custodial sentences are there?

A

determinate
indeterminate

29
Q

types of determinate sentences

A

suspended sentence
determinate sentence
extended sentence

30
Q

suspended sentence duration CJA 2003 s189

A

maximum 2 years

31
Q

what is a typical CC sentence?

A

determiante sentence
extended sentence

32
Q

what act is extended sentence found and why are they used?

A

LASPO act 2012 s124
- if there is a significant risk to public of violent/ sexual offence

33
Q

indeterminate sentence but with minimum term types

A
  • mandatory life for murder
  • discretionary life
  • automatic s 2 life
  • indeterminate sentence for public protection
  • automatic life
34
Q

what act was automatic s2 life under? and until when?

A

Crime sentences act 1977 until 2005

35
Q

what act is indeterminate sentences for public protection found under? and until when?

A

CJA 2003 ss225 until 2012

36
Q

what act is automatic life under? from when? could have imposed what amount of years?

A

LASPO act 2012 s122 - from 2012
- could have imposed 10 years or life
- pre cons for violent/ sexual offence

37
Q

custody threshold ss 152-3 states

A

‘so serious’
‘must be for the shortest term… commensurate with the seriousness of the offence’

38
Q

percentage of suspended sentences

A

4%

39
Q

percentage of immediate custody sentences

A

8%

40
Q

sentencing council (coroners and justice act 2009) state what? promote what? judges consider impact of what?

A

publish and expect adherence to sentencing guidelines under ss 172-4
- promote transparency and consistency of treatment
- judges to consider impact on public confidence in CJS

41
Q

sentencing and sentencing guidelines

A

-expressive ‘acting out’: governments can respond quickly to high profile crimes, giving symbolic reassurance to public
- politicisation of victims and privileging of public opinion
- denial: reinforces idea crime can be controlled through court-sanctioned punishments
- instrumental management of risky people

42
Q

sentencing aims to satisfy…

A

several contradictory statutory aims and sevres both instrumental and expressive purposes

43
Q

sentencing is a skilled discretionary role but…

A

increasingly constrained by prescriptive guidelines and statutory minimum terms

responses to crime MCQs (14 decks)

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