Sentencing 1

Question 1

What is the aim of public Protection? (Aims of sentencing)

Answer 1

-Protection of the Public

This aims to protect the public from dangerous offenders by…

• Driving disqualifications
• Long prison sentences
• Tagging
• Exclusion orders
• Banning
• Curfew
• Discretionary life sentence
• Extended sentences

Question 2

What is the aim of Denunciation? (Aims of sentencing)

Answer 2

-This aims to show the public and the defendant that the defendant’s behaviour will not be tolerated.

Type of sentence reflects on blameworthiness of the offence, either;

• Large fine
• Long prison sentence
• Driving disqualifications

Question 3

What is the aim of Retribution? (Aims of sentencing)

Answer 3

The offender is punished for the crime they have committed. The sentence given must be proportionate to the offence.

• Tariff sentences
• Long prison sentences
• Heavy fine

For murder:

-Mandatory life sentence

Question 4

What is the aim of Rehabilitation? (Aims of sentencing)

Answer 4

This aims to reform offenders into law abiding members of society. This can alter behaviour or help address personal problems e.g. drug abuse, mental health, gambling and anger management. This will reduce crime in the future.

• Individualised sentence
• Community order

Question 5

What is the aim of Reparation? (Aims of sentencing)

Answer 5

This is about the offender trying to make amend for his crime. For example, returning stolen property to V.

The offender may also have to pay compensation and penalty costs plus a Victim Surcharge.
Compensation order

• Unpaid work
• Reparation schemes

Question 6

What is the aim of Deterrence? (Aims of sentencing)

Answer 6

This aims to reduce crime by providing a sentence that will create a fear of being punished. This will ensure the offender will not re-offend (known as individual deterrence) or dissuade other potential defendants from committing the same crime (known as general deterrence).

• Heavy fine
• Long prison sentence

Question 7

When can custodial sentences be imposed?

Answer 7

S152 Criminal Justice Act 2003 says that custodial sentences can be imposed if;

• Defendant aged 21 or over (under 21 is Juvenile Detention)
• The offence is so serious that neither a fine or community sentence is enough.

Question 8

What types of custodial sentences are there?

Answer 8

• Mandatory life sentence
• Discretionary life sentence
• Extended sentence
• Fixed term sentence
• Suspended sentence

Question 9

What do Judges have to do?

Answer 9

Judges have to give a life sentence, mainly to the offence of murder.

The judge can decide the minimum number of years a D has to stay in prison before considered parole. This is called a tariff. The maximum tariff is whole life.

Question 10

What is parole?(Mandatory Life Sentences)

Answer 10

Parole is a temporary or permanent release of a prisoner before the expiry of a sentence on the promise of good behaviour - decided by the Parole Board.

• Recalled to prison at any time if they reoffend
• Keep in touch with probation officer
• Spend every night in fixed address
• Cannot leave the UK

Question 11

What are the guidelines from the Criminal Justice Act 2003 to help decide tariffs?(Mandatory Life Sentences)

Answer 11

Criminal Justice Act 2003 has guidelines to help a judge decide how long tariff is.

• Knife murder is 25 years, and gun murder is 30 years.
• R v Bridger (2013) - murder of child with sexual motive
• R v Mair (2017) - Murder is Jo Cox (MP) by Right Wing extremist
• Murder of Lee Rigby (2013) - Michael Adebolajo whole life sentence (extreme aggravated factors), Michael Adebowale 45 years

Question 12

What are Discretionary Life Sentences and what do they include?

Answer 12

This is where the maximum sentence for an offence is a life sentence BUT the judge does not have to impose life. The judge can decide on a lesser sentence.

Judge will consider aggravating and mitigating factors & impose life if D has any previous convictions (LASPO 2012)

• Offences Include:
• Rape
• Robbery
• s18

Unusual unless D has previous convictions

Question 13

What are Extended Sentences?

Answer 13

These sentences were introduced to provide extra protection to the public in certain types of cases where the court has decided the defendant is dangerous.

Question 14

How do Extended Sentences work?

Answer 14

The defendant will have to serve at least 2/3rds of the original fixed term sentence. The judge can also extend the period of D’s licence up to max of 8 years, so that D is under the supervision of a probation officer (National Offender Management Service).

Question 15

What are Fixed Terms?

Answer 15

These are also known as DETERMINATE SENTENCES (because the judge determines (decides) exactly how long the sentence should be for)

Question 16

How do Fixed Terms work?

Answer 16

• A judge will look at the maximum sentence for the offence
• The judge will then take into account different factors called aggravating and mitigating factors to decide how long the defendant should be in prison
• Normally an offender will only serve ½ of any fixed term sentence
• The remaining part of the sentence will be served on licence.
• This means that the offender will be supervised by a probation officer

Question 17

What are suspended sentences?

Answer 17

Sentences where the offender does not go to prison immediately, but is given the chance to stay out of trouble and to comply with up to 12 requirements set by the court.

Question 18

What requirements do suspended sentences include?

Answer 18

• Doing unpaid work;
• Being subject to a curfew;
• Undertaking a treatment programme for alcohol or drugs;
• Being subject to a rehabilitation activity requirement.

Question 19

What happens if the offender does not comply with requirements?

Answer 19

-If the offender does not comply with the requirements or is convicted of another offence during the suspension period, they are likely to serve the original custodial term in addition to the sentence they get for the new offence.