Legal System: Sentencing Flashcards
1
Q
Name the different types of sentences
A
- custodial
- Community order
- financial
- discharge
2
Q
custodial sentences - def + types
A
- 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
3
Q
suspended sentences
A
- 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
4
Q
fixed term (determinate) sentences
A
- 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
5
Q
life sentence
A
- 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
6
Q
community orders
A
- 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
7
Q
unpaid work - community order
A
40 -300 hrs of work in a project organised by probation service
- project often relates to crime
- i.e remove graffiti
- 12 month period
8
Q
drug/alcohol/mental health treatment
A
- aim = tackle causes of crimes and prevent futher offences
- offenders consent required
- 6-36 months
9
Q
Rehabilitation activity requirement - community order
A
- 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
10
Q
prohibited activity/exclusion requirements
A
- offender prevented from participating in certain activities/entering specific places for specific period of time
i.e attending football matches
11
Q
curfews or residence requirements
A
- 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
12
Q
Financial sentences
A
- 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
13
Q
Discharges
A
- 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
14
Q
5 main aims of sentencing
A
- Punishment
- reduction of crime (deterrence)
- reform and rehabilitation
- protection of the public
-reparation
15
Q
punishment
A
- 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
