Legal System: Sentencing Flashcards
Name the different types of sentences
- custodial
- Community order
- financial
- discharge
custodial sentences - def + types
- Sentencing Act 2020 s.230 most serious crimes that neither a fine alone nor a community sentence can be justified
- i.e public protection
- types =
suspended, fixed term (determinate) sentences, life sentences
suspended sentences
- custodial up to 2 yrs
- offender not go prison immediately
- chance to stay out of trouble and comply w/ community sentence requirements
- do not comply/convvicted again -. serve term of original crime together with new crime
fixed term (determinate) sentences
- imprisonment set number month/yrs
- most common type
- length depends on factors, i.e seriousness, max sentence, previous convictions
- automatically released on license after 40% served - breach conditions of release -> may be recalled to prison
- serious/violent crimes -> may not be considered for release to 2/3 served + extended licence (up to 8 yrs) -> extended sentence
- minimum sentences -> must be imposed unless exceptional circumstances i.e 5 yrs for firearms offences
life sentence
- minimum term an offender must spend in prison before becoming eligible for parole (tariff) -> set by judges
- end of term offender apply to parole board for release -> only considered if no longer risk to public
-> exception ‘whole life order’ -> offender spend rest of life in prison
-> a mandatory life sentence must be imposed for murder 0> starting point schedule 21 of sentencing act 2020
-> some crimes have life as max. i.e rape -> Judge has discretion
community orders
- set out in schedule 9 of Sentencing Act 2020
- unpaid work
- Drug/Alcohol/ Mental Health treatment
- Rehabilitation activity requirement
- Prohibited activity/exclusion requirements
- Curfews/residence requirements
unpaid work - community order
40 -300 hrs of work in a project organised by probation service
- project often relates to crime
- i.e remove graffiti
- 12 month period
drug/alcohol/mental health treatment
- aim = tackle causes of crimes and prevent futher offences
- offenders consent required
- 6-36 months
Rehabilitation activity requirement - community order
- under supervision of a probation officer up to 3 yrs +/or required to take part in a programme to help promote personal and behavioural change
prohibited activity/exclusion requirements
- offender prevented from participating in certain activities/entering specific places for specific period of time
i.e attending football matches
curfews or residence requirements
- ordered to be at fixed address 2-16 hr in a 24 period
- up to 12 months -> usually enforced by electronic tagging
- could be prevented from travelling overseas for a set time
Financial sentences
- fines most common
- lower level crimes i.e minor driving offences
- amount set in court after considering seriousness of crime + how much offender can pay
- can be given to org. and companies
- 2019 - 79% of all offenders received a fine
- may also be given a compensation order where money must be paid to victim i.e for injuries
Discharges
- least serious offences
- person released from court w/out further action -> still criminal record
- absolute discharge - > effectively no penalty imposed -> going through court punishment enough used where offender is technically guilty but morally blameless
- conditional discharge -. condition no offence committed in up to 3 yrs -> new crime = sentence for original and new one
- discharges can be paired w/ disqualification, compensation, court costs
5 main aims of sentencing
- Punishment
- reduction of crime (deterrence)
- reform and rehabilitation
- protection of the public
-reparation
punishment
- retribution for wrongdoing
- societies revenge
- punishment fit the crime
- based on proportionality
contains an element of denunciation - society’s outrage at offence - most sentences fulfil this aim
- i.e life sentence for murder
deterrence
individual - prevent re offending by vry severe sentence or threat of imprisonment
general - put society off committing crimes by exemplary sentences/minimum sentences. Not concerned w/ fairness -> usually harsher than usual tariff
reform and rehabilitation
- prevent reoffending
- focused on longer term looking at the potential of an offender to reform i.e drug rehab order
- particular important for young offenders
protection of the public
- prevent reoffendinng
- protects public from dangerous/violent offenders
- incapacitate offender i.e imprisonment, curfew, driving ban
reparation
- compensate victim
- reparation to society as a whole i.e unpaid work requirement on a community project
what are the 2 types of factors considered in sentencing + example
sentencing Act 2020 sets out aggravating and mitigating factors
- aggravating factors = crime ^ serious ^ sentence
- mitigating = crime less serious + decrease sentence
