Sentencing

Question 1

what act sets out the purposes of sentencing?

Answer 1

section 142 of the criminal justice Act 2003

Question 2

what is retribution/punishment?

Answer 2

imposing a punishment because an offender has broken the law.
this aim of sentencing does not seek to reduce crime or alter the offender’s future behavior.

Question 3

what is deterrence?

Answer 3

giving a punishment aimed at putting off the defendant from reoffending because the fear of punishment or preventing other potential offenders from committing similar crimes.
does not appear to deter as 55% of adult prisoners reoffend within 2 years of release.

Question 4

what is reformation?

Answer 4

trying to reform the offender’s behaviour so that he or she will not offend in the future.

Question 5

what is rehabilitation?

Answer 5

trying to alter the offender’s behaviour so that he or she will conform to community norms and not offend in future.

Question 6

what is protection of the public?

Answer 6

protecting public from dangerous offender; offender made incapable of committing further crime.

Question 7

what is reparation?

Answer 7

where offender compensates the victim or society for the offending behaviour.

Question 8

what is denunciation?

Answer 8

expressing society’s disapproval of an offenders behaviour, reinforces moral boundaries of acceptable conduct.

Question 9

what factors are taken into account when deciding what sentence to pass on to defendants?

Answer 9

• the offence
• sentencing guidelines
• the offender’s background

Question 10

sentencing guidelines

Answer 10

issued by sentencing council
give a starting point for an offence, tell whether magistrates should think about a custodial sentence or community order.
guidelines also give a sentencing range

Question 11

what are aggravating factors

Answer 11

factors making an offence more serious
such as:
-previous convictions for offence of similar nature
-racial/religious hostility
-hostility to disability or sexual orientation

• offender being part of group attacking V
• a vulnerable V
• V serving the public e.g. nurse

Question 12

aggravating factors and sentencing

Answer 12

will pass more severe sentence

Question 13

mitigating factors

Answer 13

one which allows court to give lighter sentence than normal

e. g.
- if D cooperates with police
- mental illness of D
- physical illness of D
- if D has no previous convictions
- evidence of genuine remorse

Question 14

Guilty plea and sentencing

Answer 14

leads to a reduction in sentence, if made at first reasonable opportunity, there’ll be reduction of sentence of up to one third
a plea of guilty after trial started, would be given one tenth reduction

Question 15

custodial sentence

Answer 15

most serious punishment a court can impose, can range from a few weeks to life imprisonment

Question 16

what are other powers of court?

Answer 16

can make orders:

• disqualifying= from driving for certain time
• compensation order= can order D to pay sum to V
• forfeiture order= orders that certain property in possession of D be taken