Sentencing Flashcards
Magistrates
Limited powers
Crown Court
Unlimited
Protection of the Public
A punishment like imprisonment to protect the public from the criminal.
Deterrence
A harsh punishment like a fine to deter others or themselves from doing the crime/ others like it again.
Denunciation
A criminal might get a tougher sentence due to society’s disapproval.
Retribution
A punishment that fits the crime.
Rehabilitation
A rehab program to help the offender to hopefully deter them.
Reparation
Community work or reparations’ to victims (family) to repay them or repay society.
Aggravating Factors
Factors that make a crime worse and making the sentence worse like being in a position of trust or age of the victim.
Mitigating Factors
Factors that make a crime ‘better’ and making the sentence lesser like having dependents.
A guilty plea reduction
First chance- 1/3 but strong prosecution can be 20%
After trial has started 10%
Offenders background.
Previous sentences can make a sentence worse even if they have failed to pay a fine etc.
Pre-sentence reports
Prepared by the probation service.
The court does not have to consider such a report before deciding a sentence but they usually will.
Where the court is considering a community sentence, it is likely will wait for a sentence report before imposing the relevant community sentence.
Custodial sentence- less likely to wait for the sentence report to be generated.
Gives information about the defendant’s background and suitability for a community-based sentence.
May be important in showing both why the offender committed the crime + indicating if he or she is likely to respond to a community-based penalty.
Medical Reports
Offender has medical or psychiatric problems- court will usually ask for a report to be prepared by an appropriate doctor.
Medical conditions may be important factors in deciding the appropriate way of dealing with the offender.
The courts have special powers where the defendant is suffering from mental illness.
Financial Situation of the Offender
Court is considering a fine as a suitable penalty- must inquire into the financial circumstances of the offender.
Need to take this into account when setting the level of the fine.
Sentencing Guidelines
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Custodial Sentences
Most serious penalty- Imprisonment
Section 152 of the Criminal Justice Act 2003 -community order or fine not justifiable.
Mandatory Life Sentence
Only sentence for murder.
Judge allowed to state minimum years before being eligible for release on licence.
Minimum term is now governed by S. 269 Sched 21 to the Criminal Justice Act 2003. Gives judges clear starting points for min to be ordered.
Full life to 12 years.
Once a judge has decided on the starting point, any aggravating or mitigating factors must then be considered.
Over the age of 18 and convicted of a second serious sexual or violent offence- sentence of life imprisonment has normally to be imposed.
The judge can set an appropriate time.
‘exceptional circumstances’ the judge does not have to impose a life sentence.
Discretionary Life Sentence and crimes carrying it.
Judge has discretion on whether to pass a life sentence or not. Based on the aggravating and mitigating factors of a case.
Sentence can be as low as absolute discharge if warranted.
Crimes carrying this includes Manslaughter, Rape, Robbery, Aggravated Criminal Damage.
Fixed term Sentence
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Suspended Sentence
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Community Orders
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Unpaid Work Requirement
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Curfew Requirements
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Prohibited Activity Requirement
Allows a wide variety of activities to be prohibited.
To prevent the defendant from committing another crime of the type they have been convicted of.
Often the defendant is forbidden to go into a certain area where he or she has caused trouble.
Exclusion Requirement
Ordered not to go to certain places.
Order can specify different places for different periods or days – intended to keep offenders away from areas where they are most likely to commit crime, e.g. a shoplifter banned from shopping centres.
The order can be 2 years for over the age of 16. Maximum of three months for those under 16.
Supervision Requirement
Offender is placed under supervision of a probation officer- a period of up to three years.
Offender must attend appointments with the supervising officer or with any other person decided by the supervising officer.
To help the promotion of rehabilitating the offender.
Rehabilitation Requirement
Links with a supervision requirement – enforces the offender to attend rehabilitation.
Linked to people who are committing crimes due to their addictive states, etc.
Fines
Most common way of disposing of a case in the Magistrates’ Court- maximum fine is £5,000 for an individual offender.
Magistrate can impose unlimited fines on businesses who have committed offences under various regulatory legislation e.g. health and safety at work.
Crown Court only a small percentage of offenders are dealt with by way of a fine.
Discharge
Either a conditional discharge or an absolute discharge.
Conditional discharge- the court discharges an offender on the condition that no further offence is committed during a set period of time of up to three years.
If an offender reoffends within time limit- court can then impose another sentence in place of it, as well as imposing a new penalty for the new offence.
Conditional discharge- used more commonly in the MC- first time offenders.
Absolute discharge- (effectively) no penalty is imposed. Likely to be used where an offender is technically guilty but morally blameless (steal baby milk to feed starving baby).
Other Sentencing Powers
Disqualification from Driving
Compensation Orders and Restitution Orders
Deprivation and Forfeiture Orders
Sentencing Act 2020
Came into force 1 Dec 2020.
Contains ‘Sentencing Code’- provide a single reference point for the law on sentencing for adults and young offenders, rather than having the law and procedure on sentencing contained in different Acts.
Does not introduce any new law or change any sentences, it deals with sentencing procedure only.
Applies to all offenders convicted of an offence after 1 Oct 2020.
