Sentencing Flashcards
What statute governs sentencing ?
previously it was the criminal justice act 2003 however this has been updated to s57 of the sentencing act 2020
What needs to be considered for sentencing
- the punishment of offenders
- the reduction of crime and its deterrent
- the reform and rehabilitation
- the protection of the public
- reparations to the person affected by the offenders actions
what is meant by retribution ?
This is the idea of punishment and the idea that the crime must fit the sentence
- this was introduced by Von Hirsch who argued that we ounish in order to redress the balance
- In the uk this is done through tariff sentencing by the sentencing council
What is meant by incapacitation?
- This is the protection of society
- incapacitation states that punishment is necessary to prevent the offender from committing further crims
example- banning drink drivers from driving is a form of incapacitation
- curfew requirements as a result of a community order is a type of incapacitation
- incapacitation leads to huge prison populations but does not try to reform behaviour
What is meant by deterrence ?
deterrence is the theory that is concerned with the individual and general deterrence to stop individuals from committing further offences
- excessive sentences can be used hear such as harsh fines and unfair and excessive punishments example R V WHITTON the football hooligan who was given a life sentence
- general deterrence operates on the basis that excessive penalties will deter the population example r v whitton and R V EZAIR who was sentenced to 4 years in prison to detter othees
What is individual deterrence ? give a case that shows this
individual deterrence refers to excessive sentencing that will deter the individual eg R V WHITTON the football hooligan that was given a life sentence
What is general deterrence give an example case to back this up
General deterrence operates on the idea that excessive penalties will deter the rest of the population for example R V EZAIR - given a 4 year sentence to deter others
What is another case that shows general deterrence ?
R V ROLLINGS - given a 5 year sentence for possession of a gun and doubled in the Court of appeal
What is meant by rehabilitation ?
Rehabilitation is the idea that an offender can return to normal society without committing further offences
- can be reflected in community penalties such as - drug testing and treatment requirements
What is meant by reparation?
- this is the idea that a victim should be compensated eg offender giving money or returning stolen property or unpaid community work
- s.130 powers of the criminal courts sentencing act 2000 requires the courts to give a reason if they do not make a compensation order
What does s130 powers of the criminal courts sentencing act 2000 do ?
The act requires the courts to give a reason why they did not allow the order
What is denunciation?
Denunciation is the way society expresses a disapproval of criminal activity .
- a sentence signifies to society that the offending behaviour has been condemned and justice has been served
- reinforces public morality
What are the types of Adult sentences custodial penalties:
Section 227 of the sentencing act 2020 governs adult sentences
- mandatory life sentence, given to a person convicted or murder , 15 years to life
- Imprisonment for public protection - convictions of serious sexual violence. - life or 10 years or more listed in scedule 15a cja 2003
- Determinate sentences- court fixes the amount of time an offender has to stay in prison. usual example sentenced for 4 years two thirds must be served
- indeterminate sentencing- under the criminal justice act 2003- dangerous offenders , courts set out minimum time , eligibility for release is discussed on the parole bored
- Home detention curfew- early release from prison - curfew attached , reduces prison population
- Whole life orders - given in the most serious of cases , only can be released on compassionate grounds with permission from the secretary of state example Levi bellfield
- Extended sentences- set out in s.279-282 of the sentencing act 2020- used for sexual / violent offences with significant risk of harm and reoffending - cannot exceed 10 years for a sexual or 5 years for a violent offence of the sentencing act 2020
- minimum sentences- 18 year olds only set out in s.311-320 of the sentencing act
- suspended sentences - can be imposed for up to two years. set out in s86-305 sentencing act 2020 if offender commits in a set period has to serve last sentence and new one
what statute governs adult sentences and custodial penalties
- Custodial sentences are set out in the s.221-232 of the sentencing act 2020
- prison sentences are only given to those 21 or older which is set out in s.227 of the sentencing act 2020
What does the criminal justice act 2003 say about prison ?
the CJA 2003 states that a prison sentence should only be given when the crime is so serious that a community sentence or fine is not sufficient enough/ justified
